CITY OF CORNING
CITY COUNCIL
CLOSED SESSION AGENDA
TUESDAY, AUGUST 11, 2026
CITY COUNCIL CHAMBERS
794 THIRD STREET
A. CALL TO ORDER: 5:00 p.m.
B. ROLL CALL:
Council: Dave Demo, Chuy Valerio, Shelly Hargens, and Lisa Lomeli Mayor: Robert Snow
The Brown Act requires that the Council provide the opportunity for people in the audience to briefly address the Council on the subject(s) scheduled for tonight’s closed session. Is there anyone wanting to comment on the subject(s) the Council will be discussing in closed session? If so, please come to the podium, identify yourself and give us your comments.
C. PUBLIC COMMENTS:
D. REGULAR AGENDA:
1. Conference with labor negotiator pursuant to section 54957.6:
Agency Negotiator: Brant Mesker, City Manager
Management Bargaining Unit, Miscellaneous Bargaining Unit, Public Safety Bargaining Unit, and Dispatch Bargaining Unit.
E. ADJOURN TO REGULARLY SCHEDULED CITY COUNCIL MEETING AND REPORT ON CLOSED SESSION:
CITY OF CORNING
CITY COUNCIL
REGULAR MEETING AGENDA
TUESDAY, AUGUST 11, 2026
CITY COUNCIL CHAMBERS
794 THIRD STREET
This is an Equal Opportunity Program. Discrimination is prohibited by Federal Law. Complaints of discrimination may be filed with the Secretary of Agriculture, Washington, D.C. 20250.
In compliance with the Americans with Disabilities Act and Title VI. If you need special assistance or translation services to participate in this meeting, please contact the City Clerk’s Office at (530) 824-7033 or via email at [email protected]. Notification in advance of the meeting will enable the city to make reasonable arrangements to ensure accessibility to this meeting.
A. CALL TO ORDER: 5:30 p.m.
B. ROLL CALL:
Council: Dave Demo, Chuy Valerio, Shelly Hargens, and Lisa Lomeli Mayor: Robert Snow
C. PLEDGE OF ALLEGIANCE: Led by the City Manager.
D. INVOCATION: Led by Councilor Hargens.
E. PROCLAMATIONS, RECOGNITIONS, APPOINTMENTS, PRESENTATIONS:
F. PUBLIC COMMENTS AND BUSINESS FROM THE FLOOR: If there is anyone in the audience wishing to speak on items not already set on the agenda, please come to the podium, and briefly identify the matter. To ensure that all members of the public have an equal opportunity to address the City Council, public comments during the designated comment period will be limited to three (3) minutes per speaker. Council will then determine if such matter will be placed on the agenda for this meeting, scheduled for a subsequent meeting, or recommend other appropriate action.
G. CONSENT AGENDA: It is recommended that items listed on the Consent Agenda be acted on simultaneously unless a Councilmember or members of the audience request separate discussion and/or action.
1. Waive reading, except by title, of any Ordinance under consideration at this meeting for either introduction or passage, per Government Code Section 36934.
2. Waive the reading and approve the Minutes of the July 14th and July 28th ,2026, Closed and Regular City Council Meeting with any necessary corrections.
3. July 2026 Claim Warrant in the amount of $ 1,393,446.12.
4. July 2026, Business License Report
5. July 2026 Wages & Salaries: $ 521,513.94
6. July 2026 Building Permit Report in the amount of $ 148,573.
7. July 2026 City of Corning Wastewater Operations Summary Report.
H. ITEMS REMOVED FROM THE CONSENT AGENDA:
I. PUBLIC HEARINGS AND MEETINGS:
1. Proposed Tentative Parcel Map 2026-02, map to split parcel 073-020-076 into two parcels.
J. REGULAR AGENDA:
1. Authorize staff to seek bids for the Lennox Field Rehabilitation Project.
2. Approve the agreement with Commercial Pump & Mechanical, for the City of Corning Fripp Well Investigation Project in the amount of $25,587.90.
3. Approve agreement with Thompson Sealcoating for the EQ Basin crack seal and seal coat at the Corning Wastewater Treatment Plant for $45,500.
4. Ordinance 718, An Ordinance to amend the cross-connection control.
5. Approve & adopt the updated City of Corning Utility Policy.
6. Approve a supplemental budget appropriation, purchase of a new server, and authorize the City Manager to execute an agreement.
K. ITEMS PLACED ON THE AGENDA FROM THE FLOOR:
L. COMMUNICATIONS, CORRESPONDENCE, AND INFORMATION:
M. REPORTS FROM MAYOR AND COUNCIL MEMBERS: City Councilmembers will report on attendance at conferences/meetings reimbursed at City expense (Requirement of Assembly Bill 1234).
N. ADJOURNMENT:
Posted: Friday, August 7, 2026
Item: G-2
CITY OF CORNING
CITY COUNCIL
REGULAR MEETING MINUTES
TUESDAY, JULY 14, 2026
CITY COUNCIL CHAMBERS
794 THIRD STREET
A. CALL TO ORDER:
The meeting was called to order by Mayor Snow at 5:30pm.
B. ROLL CALL:
Council: Dave Demo, Chuy Valerio, Shelly Hargens, and Lisa Lomeli Mayor: Robert Snow
C. PLEDGE OF ALLEGIANCE: Led by the City Manager.
D. INVOCATION: Led by Councilor Hargens.
E. PROCLAMATIONS, RECOGNITIONS, APPOINTMENTS, PRESENTATIONS: None F. PUBLIC COMMENTS AND BUSINESS FROM THE FLOOR:
Mike Moller and Genevive Miller provided two Ordinances that they would like Council to review and possibly add to our code due to ongoing issues with her neighbors. The Ordinance would update residential parking standards and rodent harborage abatement.
G. CONSENT AGENDA: It is recommended that items listed on the Consent Agenda be acted on simultaneously unless a Councilmember or members of the audience request separate discussion and/or action.
1. Waive reading, except by title, of any Ordinance under consideration at this meeting for either introduction or passage, per Government Code Section 36934.
2. Waive the reading and approve the Minutes of the June 23, 2026, Closed and Regular City Council Meeting with any necessary corrections.
3. June 18 to June 30, 2026, Claim Warrant in the amount of $ 536,651.19.
4. June 2026, Business License Report
5. June 2026 Treasurer’s Report
6. June 2026 Wages & Salaries: $ 586,908.33
7. June 2026 Building Permit Valuation Report in the amount of $ 427,118.
8. June 2026 City of Corning Wastewater Operations Summary Report.
9. Approve waiver of recreational use fees for the 17th annual Tucker Mesker Memorial Scholarship Softball Tournament Fundraiser.
Councilor Valerio moved to approve consent items 1-9 with the correction of changing Hargens as absent and not abstain in the June 23rd Minutes; Councilor Hargens seconded the motion.
Ayes: Snow, Valerio, Demo, Hargens, Lomeli
Absent: None
Abstain/Opposed: None
Result: Motion was approved by a 5-0 vote
H. ITEMS REMOVED FROM THE CONSENT AGENDA: None
I. PUBLIC HEARINGS AND MEETINGS:
1. Adopt Resolution No. 07-14-2026-02 setting five (5) water rate increases.
Staff recommends adoption of Resolution No. 07-14-2026-02 approving five phased water rate increases beginning August 1, 2026, through July 1, 2030. A comprehensive Water and Sewer Item: G-2
Rate Study found that current rates are insufficient to support operations, debt obligations, system maintenance, and needed capital improvements. The proposed increases will help ensure the long-term financial stability of the Water Enterprise Fund, maintain reliable water service, and fund critical infrastructure improvements. Proposition 218 noticing requirements were met with notices mailed on May 28, 2026. There were a total of 6 valid protests, two (2) were against the water increase and four (4) protests against the water and sewer rate increase.
Opened the Public Hearing at 5:42pm
Two Corning residents voiced their concerns. One resident stated the increase was too high for many people that are on fixed income. The second resident was more concerned as to the increase being implemented but she doesn’t see work being done to the infrastructure since she always has issues with her sewer and it’s never resolved.
Councilor Demo moved to adopt resolution 07-14-2026-02, a Resolution of the City Council of the City of Corning setting water rates effective August 1, 2026, through July 31, 2030; Councilor Valerio seconded the motion.
Ayes: Snow, Valerio, Demo, Hargens, Lomeli
Absent: None
Abstain/Opposed: None
Result: Motion was approved by a 5-0 vote
2. Adopt Resolution No. 07-14-2026-03 setting five (5) sewer rate increases.
Staff recommends adoption of Resolution No. 07-14-2026-03 approving five phased sewer rate increases beginning August 1, 2026, through July 1, 2030. A comprehensive Water and Sewer Rate Study found that current rates are insufficient to support operations, debt obligations, system maintenance, and needed capital improvements. The proposed increases will help ensure the long-term financial stability of the Sewer Enterprise Fund, maintain reliable water service, and fund critical infrastructure improvements. Proposition 218 noticing requirements were met with notices mailed on May 28, 2026. There were a total of 6 valid protests of which 4 protests were against the water and sewer rate increase.
Councilor Hargens moved to adopt Resolution 07-14-2026-03, a Resolution of the City Council of the City of Corning setting sewer rates effective August 1, 2026, through July 1, 2030; Councilor Snow seconded the motion.
Ayes: Snow, Valerio, Demo, Hargens, Lomeli
Absent: None
Abstain/Opposed: None
Result: Motion was approved by a 5-0 vote
J. REGULAR AGENDA:
1. Accept Notice of Completion and authorize release of retention funds in the amount of $24,502.06 to R&R Horn Contractors, Inc. for the Fourth Avenue Rehabilitation Project.
Presented by Public Works Director, Eli Stanley. Staff recommends that the City Council accept the Notice of Completion for the Fourth Avenue Rehabilitation Project, authorize its recording with the Tehama County Clerk and Recorder, and approve the release of $24,502.06 in retention funds. The project was completed within budget, with a final contract amount of $490,041.14 following approved change orders.
Councilor Demo moved to accept and direct the public works director to sign the Notice of Completion and authorize the City Clerk to file the notice with Tehama County for recording, and Item: G-2
authorize the release of retention funds to R&R Horn Contractors General Engineering in the amount of $24,502.06; Councilor Valerio seconded the motion.
Ayes: Snow, Valerio, Demo, Hargens, Lomeli
Absent: None
Abstain/Opposed: None
Result: Motion was approved by a 5-0 vote
2. Accept Notice of Completion and authorize release of retention funds in the amount of $22,391.55 to Lamb Unlimited, Inc. for the Toomes & Loleta Rehabilitation Project.
Presented by Public Works Director, Eli Stanley. Staff recommends that the City Council accept the Notice of Completion for the Toomes and Loleta Avenue Rehabilitation Project, authorize its recording with the Tehama County Clerk and Recorder, and approve the release of $22,391.55 in retention funds. The project was completed as contracted with no change orders, for a final cost of $447,831.00.
Councilor Hargens moved to accept and direct the Public Works Director to sign the Notice of Completion, and authorize City Clerk to file notice with Tehama County for recording; and authorize the release of retention funds to Lamb Unlimited General Engineering in the amount of $22,391.55; Councilor Valerio seconded the motion.
Ayes: Snow, Valerio, Demo, Hargens, Lomeli
Absent: None
Abstain/Opposed: None
Result: Motion was approved by a 5-0 vote
3. Approve the agreement with Highway Specialty Company for guardrail repair on Toomes Avenue.
Presented by Public Works Director, Eli Stanley. A vehicle accident on Toomes Avenue damaged a City guardrail, requiring repairs. After obtaining informal quotes from several contractors, staff recommends awarding the repair contract to Highway Specialty Company, Inc., the lowest responsive bidder, for $13,050.00. The project qualifies for the informal bidding process under the California Uniform Construction Cost Accounting Act because the cost is under $60,000. Funding is available in the FY 2026/27 street budget, and the City will seek reimbursement from the driver's motor vehicle insurance company.
Councilor Valerio moved to approve agreement with Highway Specialty Company, for guardrail repair on Toomes Ave in the amount of $13,050.00; Councilor Hargens seconded the motion.
Ayes: Snow, Valerio, Demo, Hargens, Lomeli
Absent: None
Abstain/Opposed: None
Result: Motion was approved by a 5-0 vote
4. Approve the agreement with Franklin Construction Inc. for the Clark Park Parking Lot Project.
Presented by Public Works Director, Eli Stanley. The City received three bids for the Clark Park Parking Lot Project, which includes resurfacing the parking lot, striping, and related improvements. Although Walberg Inc. submitted the lowest bid, it was deemed non-responsive for failing to meet CDBG requirements. Staff recommends awarding the contract to Franklin Construction, Inc., the lowest responsive and responsible bidder, for $152,152.00. To fully fund the project, staff requests authorization to use $78,152.00 in Measure A funds in addition to the $74,000 CDBG grant.
Item: G-2
Councilor Demo moved to approve agreement with Franklin Construction INC. for the Clark Park Parking Lot Project in the amount of $152,152.00 and allocate an additional $78,152.00 of measure A monies to fund the project; Councilor Hargens seconded the motion.
Ayes: Snow, Valerio, Demo, Hargens, Lomeli
Absent: None
Abstain/Opposed: None
Result: Motion was approved by a 5-0 vote
5. Authorize staff to solicit Requests for Qualifications (RFQ) for a five-year Airport Engineering Services Consultant Agreement.
Presented by Public Works Director, Eli Stanley. Staff requests City Council authorization to issue a Request for Qualifications (RFQ) for a five-year Aviation Consulting Services Agreement to support engineering, planning, and grant-funded capital improvement projects at the Corning Municipal Airport. The consultant will provide design, engineering, construction support, FAA coordination, and other on-call airport engineering services. Most eligible project costs may be reimbursed up to 90% through FAA grant
Councilor Hargens moved to authorize staff to seek Request for Qualifications for an Airport Professional Engineering Services Consulting Agreement; Councilor Valerio seconded the motion.
Ayes: Snow, Valerio, Demo, Hargens, Lomeli
Absent: None
Abstain/Opposed: None
Result: Motion was approved by a 5-0 vote
6. Authorize staff to solicit Requests for Qualifications (RFQ) for a five-year Airport Planning Services Consultant Agreement.
Presented by Public Works Director, Eli Stanley. Staff requests City Council authorization to issue a Request for Qualifications (RFQ) for a five-year Airport Planning Services Agreement for the Corning Municipal Airport. The consultant will provide planning, environmental review, FAA coordination, grant support, and capital improvement planning to assist with current and future airport projects. Most eligible planning costs may be reimbursed up to 90% through FAA grants.
Councilor Demo moved to authorize staff to seek Request for Qualifications for an Airport Professional Planning Services Consulting Agreement; Councilor Valerio seconded the motion.
Ayes: Snow, Valerio, Demo, Hargens, Lomeli
Absent: None
Abstain/Opposed: None
Result: Motion was approved by a 5-0 vote
7. Approve renewal of Federal Excess Personal Property Agreement.
Presented by Fire Chief, Tom Tomlinson. Staff requests City Council adopt a resolution approving a new five-year Cooperative Agreement with CAL FIRE to continue the Corning Volunteer Fire Department's participation in the Federal Excess Personal Property (FEPP) Program. The program allows the Department to use federally owned firefighting equipment, including its current Type 3 Wildland Engine, while remaining responsible for its maintenance and operation.
Item: G-2
Councilor Hargens moved to adopt Resolution 07-14-2026-01 and authorize City Fire Chief, Tom Tomlinson, to sign Cooperative Agreement No. 992503 with CAL Fire for the Loan of Federal Excess Personal Property (FEPP); Councilor Demo seconded the motion.
Ayes: Snow, Valerio, Demo, Hargens, Lomeli
Absent: None
Abstain/Opposed: None
Result: Motion was approved by a 5-0 vote
8. Approve proposed side letter to the Public Safety Bargaining Unit Memorandum of Understanding (MOU) regarding determination of various shift schedules related to work schedule assignments and overtime.
Presented by City Manager, Brant Mesker. Staff requests approval of a Side Letter amending the Public Safety Officers MOU to clarify overtime and compensation provisions for alternative work schedules, effective July 5, 2026.
Councilor Demo moved to approve the City of Corning Public Safety Unit Side Letter Agreement regarding pay for alternate work schedules; Councilor Valerio seconded the motion.
Ayes: Snow, Valerio, Demo, Hargens, Lomeli
Absent: None
Abstain/Opposed: None
Result: Motion was approved by a 5-0 vote
9. Approve agreement with Sophia R. Meyer Law, P.C. as special counsel for labor negotiations.
Presented by City Manager, Brant Mesker. Staff requests authorization to retain Sophia R.
Meyer Law, P.C. as special counsel to represent the City in labor negotiations for successor MOUs with the City's four bargaining units.
Councilor Valerio moved to approve agreement with Sophia R. Meyer, P.C. to represent the city as special counsel and perform all duties as assigned in regard to labor negotiations for successor MOU’s for the Public Safety, Management, Miscellaneous and Dispatchers unions on behalf of the City and authorize the City Manager to sign the contract.; Councilor Hargens seconded the motion.
Ayes: Snow, Valerio, Demo, Hargens, Lomeli
Absent: None
Abstain/Opposed: None
Result: Motion was approved by a 5-0 vote
10. Approve third amended employment agreement for City Manager between City of Corning and Brant Mesker.
Presented by City Attorney, Collin Boegner. Staff requests approval of the Third Amended Employment Agreement for the City Manager, extending the contract to five years, increasing compensation, updating evaluation and renewal provisions, and allowing limited leave conversion to deferred compensation.
Councilor Hargens moved to approve the third amended employment agreement between the City of Corning and Brant Mesker and approve the amended salary schedule for the City Manager; Councilor Snow seconded the motion.
Ayes: Snow, Valerio, Demo, Hargens, Lomeli
Absent: None
Abstain/Opposed: None
Item: G-2
Result: Motion was approved by a 5-0 vote
K. ITEMS PLACED ON THE AGENDA FROM THE FLOOR: None
L. COMMUNICATIONS, CORRESPONDENCE, AND INFORMATION: None M. REPORTS FROM MAYOR AND COUNCIL MEMBERS:
Demo: Attended a LAFCO meeting and they did a budget review. Also attended a Senior Center meeting.
They have a lot of activities coming up.
Lomeli: No meetings.
Valerio: No meetings.
Hargens: Attended a Tehama County Landfill meeting. They will be holding a swap shop event on July 18th.
You can also check out their paint inventory that is available. Also attended the 250th celebration at the Corning City Pool.
Snow: No meetings but did attend the Pool event as well and helped out with the CVFD Water Polo game for the kids.
N. ADJOURNMENT:
The meeting was adjourned at 6:30pm.
Attest:
___________________
Rubi Ordaz, City Clerk
CITY OF CORNING
CITY COUNCIL
CLOSED SESSION MINUTES
TUESDAY, JULY 28, 2026
CITY COUNCIL CHAMBERS
794 THIRD STREET
A. CALL TO ORDER:
The meeting was called to order by Mayor Snow at 5:00pm.
B. ROLL CALL:
Council: Dave Demo, Chuy Valerio, Lisa Lomeli, Shelly Hargens Mayor: Robert Snow
C. PUBLIC COMMENTS: None
D. REGULAR AGENDA:
1. Conference with Labor Negotiators (Gov. Code § 54957.6) Agency Representatives: Brant Mesker
Employee Organization: Public Safety Unit
2. Conference with Labor Negotiators (Gov. Code § 54957.6) Agency Representatives: Brant Mesker
Employee Organization: Dispatch Unit
E. ADJOURN TO REGULARLY SCHEDULED CITY COUNCIL MEETING AND REPORT ON CLOSED SESSION:
The closed session was adjourned at 5:12pm. Mayor Snow stated there were no reportable actions.
Item: G-2
CITY OF CORNING
CITY COUNCIL
REGULAR MEETING MINUTES
TUESDAY, JULY 28, 2026
CITY COUNCIL CHAMBERS
794 THIRD STREET
A. CALL TO ORDER:
The meeting was called to order by Mayor Snow at 5:30pm.
B. ROLL CALL:
Council: Dave Demo, Chuy Valerio, Shelly Hargens, and Lisa Lomeli Mayor: Robert Snow
C. PLEDGE OF ALLEGIANCE: Led by the City Manager.
D. INVOCATION: Led by Councilor Hargens.
E. PROCLAMATIONS, RECOGNITIONS, APPOINTMENTS, PRESENTATIONS: None F. PUBLIC COMMENTS AND BUSINESS FROM THE FLOOR:
City Manager, Brant, made a clarification that due to a software change in the finance department the consent agenda will now show monthly reports for business licenses as well as the check reports. The next meeting will show these reports.
G. CONSENT AGENDA: None
H. ITEMS REMOVED FROM THE CONSENT AGENDA: None
I. PUBLIC HEARINGS AND MEETINGS:
1. Adopt Resolution No. 07-28-2026-01 declaring intent to levy and collect annual assessments for the City of Corning Landscaping and Lighting district 1, zone 1 Presented by City Engineer, Robin Kampmann. Annually, the City Council must approve the Landscaping and Lighting District No. 1, Zone 1 assessment for Blackburn Estates. The Engineer's Report recommends no change to the annual assessment, which will remain at $63.08 per residential parcel for Fiscal Year 2026/2027.
Opened and Closed the Public Hearing at 5:35pm with no comments.
Councilor Demo moved to approve the engineers report and adopt resolution no 07-28-2026-01 setting the fiscal year 2026/2027 assessment at $63.08 per parcel for landscaping and lighting district 1, zone 1; Councilor Valerio seconded the motion.
Ayes: Snow, Valerio, Demo, Lomeli, Hargens
Absent: None
Abstain/Opposed: None
Result: Motion was approved by a 5-0 vote
2. Adopt Resolution No. 07-28-2026-02 declaring intent to levy and collect annual assessments for the City of Corning Landscaping and Lighting district 1, zone 2 Presented by City Engineer, Robin Kampmann. Annually, the City Council must approve the Landscaping and Lighting District No. 1, Zone 2 (Stonefox Subdivision) assessment. The Engineer's Report recommends no change to the annual assessment, which will remain at $91.00 per residential parcel for Fiscal Year 2026/2027.
Item: G-2
Opened and Closed the Public Hearing at 5:36pm with no comments.
Councilor Hargens moved to approve the engineers report and adopt resolution no. 07-28-2026- 02 setting the fiscal year 2026/2027 assessment at $91 per parcel for landscaping and lighting district 1, zone 2; Councilor Demo seconded the motion.
Ayes: Snow, Valerio, Demo, Lomeli, Hargens
Absent: None
Abstain/Opposed: None
Result: Motion was approved by a 5-0 vote
3. Adopt Resolution No. 07-28-2026-03 declaring intent to levy and collect annual assessments for the City of Corning Landscaping and Lighting district 1, zone 3 Councilman Valerio recused himself from this item due to a potential conflict of interest.
Presented by City Engineer, Robin Kampmann. Annually, the City Council must approve the Landscaping and Lighting District No. 1, Zone 3 (SHHIP Blossom Avenue Development) assessment. The attached Engineer's Report recommends no change to the annual assessment, which will remain at $142.10 per residential parcel for Fiscal Year 2026/2027.
Opened and Closed the Public Hearing at 5:38pm with no comments.
Councilor Demo moved to approve the engineers report and adopt resolution no. 07-28-2026-03 setting the fiscal year 2026/2027 assessment at $142.10 per parcel for landscaping and lighting district 1, zone 3; Councilor Lomeli seconded the motion.
Ayes: Snow, Demo, Lomeli, Hargens
Absent: None
Abstain/Opposed: None
Recused: Valerio
Result: Motion was approved by a 4-0 vote with Valerio recused.
4. Adopt Resolution No. 07-28-2026-04 declaring intent to levy and collect annual assessments for the City of Corning Landscaping and Lighting district 1, zone 4 Councilwoman Hargens recused herself from this item due to a potential conflict of interest.
Presented by City Engineer, Robin Kampmann. Annually, the City Council must approve the Landscaping and Lighting District No. 1, Zone 4 (Salado Orchard Apartment Project) assessment. The attached Engineer's Report recommends no change to the annual assessment, which will remain at $4,772.90 for the single parcel for Fiscal Year 2026/2027.
Opened and Closed the Public Hearing at 5:41pm with no comments.
Councilor Demo moved to approve the engineers report and adopt resolution no. 07-28-2026-04 setting the fiscal year 2026/2027 assessment at $4,772.90 per parcel for landscaping and lighting district 1, zone 4; Councilor Snow seconded the motion.
Ayes: Snow, Demo, Lomeli, Valerio
Absent: None
Abstain/Opposed: None
Recused: Hargens
Result: Motion was approved by a 4-0 vote with Hargens recused.
5. Adopt Resolution No. 07-28-2026-05 declaring intent to levy and collect annual assessments for the City of Corning Landscaping and Lighting district 1, zone 5 This item was switched to be the 6th item on the agenda since Councilwoman Hargens had to recuse herself from item 4 and 6. When she returned, they addressed this item.
Item: G-2
Presented by City Engineer, Robin Kampmann. Annually, the City Council must approve the Landscaping and Lighting District No. 1, Zone 5 (Magnolia Meadows Subdivision) assessment.
The attached Engineer's Report recommends no change to the annual assessment, which will remain at $128.00 per residential parcel for Fiscal Year 2026/2027.
Opened and Closed the Public Hearing at 5:47pm with no comments.
Councilor Hargens moved to approve the engineers report and adopt resolution no. 07-28-2026- 05 setting the fiscal year 2026/2027 assessment at $128 per parcel for landscaping and lighting district 1, zone 5; Councilor Demo seconded the motion.
Ayes: Snow, Valerio, Demo, Lomeli, Hargens
Absent: None
Abstain/Opposed: None
Result: Motion was approved by a 5-0 vote
6. Final tract map 2026-01 accept final map for Salado Orchards Phase II, Toomes avenue; APN 071-020-074 and authorize an amended regulatory agreement and partial reconveyance with Corning Pacific.
Councilwoman Hargens recused herself from this item due to a potential conflict of interest.
Presented by Planner, Christina Meeds. The Final Tract Map for Tentative Tract Map 2026-01 has been completed and meets the remaining condition of approval by including the required agricultural operations disclosure. The map substantially conforms to the approved tentative map and is ready for recording. City Attorney, Collin, is also asking to approve an amendment to the existing regulatory agreement and a partial reconveyance of the deed of trust to allow Phase 2 of the development to proceed while retaining the HOME loan encumbrance on the Phase 1 parcel.
Opened and Closed the Public Hearing at 5:45pm with no comments.
Councilor Demo moved to Accept the final Tract Map 2026-01 and authorize the City Clerk to certify the acceptance on the final Map and approve and authorize the City Manager to execute an Amended Regulatory Agreement and Partial Reconveyance; Councilor Valerio seconded the motion.
Ayes: Snow, Demo, Lomeli, Valerio
Absent: None
Abstain/Opposed: None
Recused: Hargens
Result: Motion was approved by a 4-0 vote with Hargens recused.
J. REGULAR AGENDA:
1. Request City Council direction on extension of pool season to August 29, 2026 Presented by Christina Meeds. Staff recommends extending the City Pool season for an additional three weeks through August 29, 2026, using a modified schedule based on lifeguard availability. To encourage public use and reduce staffing demands, staff also recommends waiving all pool fees during the extension. The estimated cost of the extended season is approximately $13,000, and a mid-year budget adjustment may be requested if approved.
Councilor Hargens moved to authorize the City Pool to remain open through August 29, 2026, following the aforementioned schedule; and directed staff on fees during the extended pool season; Councilor Valerio seconded the motion.
Ayes: Snow, Valerio, Demo, Lomeli, Hargens
Absent: None
Item: G-2
Abstain/Opposed: None
Result: Motion was approved by a 5-0 vote
2. Approve agreement with Bickley’s Air Conditioning & Heating for the HVAC unit replacement at the Corning Library for $25,895.
Presented by Public Works Director, Eli Stanley. The HVAC unit serving the Corning Library has reached the end of its useful life and requires replacement. Staff obtained three informal quotes and recommends awarding the project to Bickley's Air Conditioning & Heating, the lowest responsive bidder, for $25,895.00. The project is within the approved $30,000 FY 2026/2027 budget and complies with the California Uniform Construction Cost Accounting Act requirements for informal bidding.
Councilor Hargens moved to approve agreement with Bickley’s Air Conditioning & Heating for the HVAC unit replacement at the corning library for $25,895.00; and authorize the City manager to execute the agreement; Councilor Valerio seconded the motion.
Ayes: Snow, Valerio, Demo, Lomeli, Hargens
Absent: None
Abstain/Opposed: None
Result: Motion was approved by a 5-0 vote
3. Authorize the agreement with Flock Group Inc. for a new LPR System.
Presented by Police Chief, Eduardo Curiel. The Police Department requests approval of a threeyear agreement with Flock Group, Inc. for a new License Plate Reader (LPR) system to replace its outdated equipment. The upgraded system will enhance public safety by providing real-time alerts, improving investigations, and supporting information sharing with regional law enforcement partners. The first year is budgeted at $10,000 following a 60-day no-cost trial, with the total three-year contract not to exceed $36,000. Staff has also applied for grant funding to help offset future costs.
Members from the community voiced their concerns about the cost to infringement on their privacy rights, and security threats. Other members of the community were in favor due to its reliability and protection it offers citizens.
Councilor Demo moved to authorize the agreement with Flock Group INC. for new LPR system and authorize the City Manager to execute the contract digitally; and authorize the City Manager to execute the agreement; Councilor Hargens seconded the motion.
Ayes: Snow, Valerio, Demo, Hargens
Absent: None
Abstain/Opposed: Lomeli
Result: Motion was approved by a 4-1 vote with Lomeli opposing.
4. Authorize staff to seek bids for the resurfacing of the large city pool.
Presented by Public Works Director, Eli Stanley. Staff requests authorization to solicit bids for the resurfacing of the City's Large Pool following the close of the 2026 pool season. The project will preserve the pool's structural integrity, improve public safety, and ensure continued compliance with health standards. The project is supported by $150,000 budgeted in FY 2026/2027 and a $50,000 grant from the McConnell Foundation.
Councilor Demo moved to authorize staff to seek bids and approve the project specifications for the resurfacing of the large city pool; Councilor Valerio seconded the motion.
Ayes: Snow, Valerio, Demo, Lomeli, Hargens
Item: G-2
Absent: None
Abstain/Opposed: None
Result: Motion was approved by a 5-0 vote
5. Approve the Settlement Agreement with the California Regional Water Quality Control Board, Central Valley Region and authorize the City Manager to execute the agreement.
Councilwoman Lomeli stepped out of the Council Chambers during this item for personal reasons. She returned in time for item 6.
Presented by Public Works Director, Eli Stanley. The City has reached a proposed settlement with the Central Valley Water Board to resolve a Notice of Violation issued in 2024. By completing more than $442,000 in wastewater treatment improvements, the City has exceeded the required compliance project amount, resulting in the suspension of the $24,000 administrative civil liability. Staff recommends approval of the Stipulated Order to formally resolve the matter with no fiscal impact to the City.
Councilor Demo moved to approve the settlement agreement with the California Regional Water Quality Control Board, Central Valley Region; and authorize the City Manager to execute the agreement; Councilor Valerio seconded the motion.
Ayes: Snow, Valerio, Demo, Hargens
Absent: Lomeli
Abstain/Opposed: None
Result: Motion was approved by a 4-0 vote with Lomeli absent.
6. Accept Notice of Completion for the Runway Rehabilitation Project with CR Contracting LLC.
Presented by Public Works Director, Eli Stanley. The Runway Rehabilitation Project has been completed, inspected, and approved by City staff. Staff recommends accepting the Notice of Completion, authorizing its recording with the Tehama County Clerk and Recorder, and releasing $7,019.73 in retention funds to the contractor. The project was completed within the approved $228,659.50 contract amount and was primarily funded through a 95% FAA grant.
Councilor Demo moved to accept and direct the Public Works Director to sign the Notice of Completion and authorize City Clerk to file notice with the Tehama County for recording; Councilor Valerio seconded the motion.
Ayes: Snow, Valerio, Demo, Lomeli, Hargens
Absent: None
Abstain/Opposed: None
Result: Motion was approved by a 5-0 vote
7. Approve Task Order No. 13 under Engineering Contract 2018-07 for the 5th Street Rehabilitation Project in the amount of $54,000 to NorthStar Engineering.
Presented by Public Works Director, Eli Stanley. Staff requests approval of Task Order No. 13 with NorthStar Engineering to provide engineering, surveying, design, project management, and bidding support services for the 5th Street Rehabilitation Project under the existing Engineering Services Agreement. Funding for the project was included in the FY 2026/2027 budget with $685,000 allocated for the rehabilitation.
Councilor Demo moved to approve Task Order “13” to NorthStar engineering in the amount of $54,000.00 for professional services for engineering/survey services under Engineering Services Contract 2018-07; and authorize the City Manager to sign the task order; Councilor Valerio seconded the motion.
Item: G-2
Ayes: Snow, Valerio, Demo, Lomeli, Hargens
Absent: None
Abstain/Opposed: None
Result: Motion was approved by a 5-0 vote
K. ITEMS PLACED ON THE AGENDA FROM THE FLOOR: None
L. COMMUNICATIONS, CORRESPONDENCE, AND INFORMATION: None M. REPORTS FROM MAYOR AND COUNCIL MEMBERS:
Demo: Attended a TCTC meeting.
Lomeli: No meetings
Valerio: No meetings but did want to mention that the community should support the school farm on Marguerite. They have fresh fruits and vegetables for sale.
Hargens: No meetings but did mention that the lifeguards did a great job this season.
Snow: No meetings.
N. ADJOURNMENT:
Mayor Snow adjourned the meeting at 6:43pm.
Attest:
___________________
Rubi Ordaz, City Clerk
Item: G-2
Item No. : G-3
M E M O R A N D U M
TO: HONORABLE MAYOR & COUNCIL
FROM: Lori Sims
Accounting Technician
DATE: August 5, 2026
SUBJECT: CASH DISBURSEMENT DETAIL REPORT FOR COUNCIL MEETING:
Tuesday, August 11, 2026
PROPOSED CASH DISBURSEMENTS FOR YOUR APPROVAL CONSIST OF THE FOLLOWING:
A. Cash Disbursements Ending 07-31-2026 $1,393,446.12
GRAND TOTAL $1,393,446.12
8/5/2026 2:18:52 PM Page 1 of 4
Check Report
City of Corning, CA By Check Number
Date Range: 07/01/2026 - 07/31/2026
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Bank Code: AP-AP Bank Code
EME02 EMERGENCY VEHICLE OUTFITTING COMPANY 07/02/2026 Regular 0.00 2,580.50 41149 CAL35 CALIFORNIA BUILDING STANDARDS COMMISSION07/02/2026 Regular 0.00 47.70 41150 COA06 COAR DESIGN GROUP 07/02/2026 Regular 0.00 26,280.25 41151 COR08 CORNING LUMBER CO INC 07/02/2026 Regular 0.00 544.58 41152 CRE03 CREATIVE PRODUCT SOURCE, INC. 07/02/2026 Regular 0.00 522.51 41153 DEP09 DEPT OF CONSERVATION 07/02/2026 Regular 0.00 46.11 41154 SAN01 SANTA ROSA JUNIOR COLLEGE 07/02/2026 Regular 0.00 68.50 41155 BRA01 STEVEN BRADLEY 07/02/2026 Regular 0.00 97.20 41156 VAL11 VALLEY PACIFIC PETROLEUM SERVICE, INC. 07/02/2026 Regular 0.00 5,115.97 41157 3CO00 3CORE, INC. 07/02/2026 Regular 0.00 7,500.00 41158 AME04 AMERICAN WATER WORKS ASSOCIATION 07/02/2026 Regular 0.00 113.00 41159 COR07 CORBIN WILLITS SYSTEMS, INC. 07/02/2026 Regular 0.00 200.00 41160 GAY02 GAYNOR TELESYSTEMS, INC 07/02/2026 Regular 0.00 6,602.57 41161 INF00 INFRAMARK, LLC 07/02/2026 Regular 0.00 80,376.50 41162 TYL00 TYLER TECHNOLOGIES, INC. 07/02/2026 Regular 0.00 387.90 41163 AIR00 AIRGAS USA, LLC 07/06/2026 Regular 0.00 109.20 41164 CHA00 CHARLIE MUELLER TRUCKING 07/06/2026 Regular 0.00 480.00 41165 MIL16 MILLENNIUM HEALTH, LLC 07/06/2026 Regular 0.00 60.00 41166 SOU06 SOUTH AVENUE ACE 07/06/2026 Regular 0.00 1,662.29 41167 VAL11 VALLEY PACIFIC PETROLEUM SERVICE, INC. 07/06/2026 Regular 0.00 669.22 41168 ACI01 ACI ENTERPRISES, INC. 07/06/2026 Regular 0.00 1,214.64 41169 AME04 AMERICAN WATER WORKS ASSOCIATION 07/06/2026 Regular 0.00 113.00 41170 COR18 CORNING SENIOR CENTER 07/06/2026 Regular 0.00 2,700.00 41171 COR13 CORNING VOLUNTEER FIRE 07/06/2026 Regular 0.00 15,000.00 41172 DM001 DM-TECH 07/06/2026 Regular 0.00 119.90 41173
TEH06 TEHAMA CO ENVIRON HEALTH 07/06/2026 Regular 0.00 604.00 41174 THE13 THE HANOVER INSURANCE GROUP 07/06/2026 Regular 0.00 6,219.00 41175 CAS06 CASCO 07/07/2026 Regular 0.00 1,000.23 41176
DOW01 DOWN RANGE 07/07/2026 Regular 0.00 6,048.41 41177 AME06 AMERICAN RIVER COLLEGE 07/08/2026 Regular 0.00 131.00 41178 AXO00 AXON ENTERPRISE, INC. 07/08/2026 Regular 0.00 15,418.20 41179 LEN00 LENSLOCK INC. 07/08/2026 Regular 0.00 15,716.42 41180 ENG02 MICHAEL ENGLAND 07/08/2026 Regular 0.00 647.00 41181 NOR03 NCCSIF 07/08/2026 Regular 0.00 374,373.75 41182
NOR47 NORTHSTAR 07/08/2026 Regular 0.00 22,992.63 41183 PAC29 PACE ANALYTICAL SERVICES, LLC 07/08/2026 Regular 0.00 256.00 41184 SCP00 SCP DISTRIBUTORS LLC 07/08/2026 Regular 0.00 1,489.07 41185 ATT02 AT&T 07/08/2026 Regular 0.00 2,180.75 41186
FIR20 FIRST NATIONAL BANK OMAHA 07/08/2026 Regular 0.00 2,089.34 41187 FIR16 FIRST NATIONAL BANK OMAHA 07/08/2026 Regular 0.00 574.83 41188 SCH01 LES SCHWAB TIRE CENTER 07/08/2026 Regular 0.00 134.99 41189 LUM00 LUMINACE 07/08/2026 Regular 0.00 15,268.47 41190
MEY00 MEYER'S POLICE K-9 TRAINING, LLC 07/08/2026 Regular 0.00 400.00 41191 NOR47 NORTHSTAR 07/08/2026 Regular 0.00 2,560.00 41192
TEH13 TEHAMA CO AUDITOR 07/08/2026 Regular 0.00 44.00 41193 TEH38 TEHAMA COUNTY ANIMAL SERVICES 07/08/2026 Regular 0.00 13,162.74 41194 TRA09 TRANSUNION RISK & ALTERNATIVE - DATA SOLUTIONS, INC. 07/08/2026 Regular 0.00 152.00 41195 VAL11 VALLEY PACIFIC PETROLEUM SERVICE, INC. 07/08/2026 Regular 0.00 4,912.89 41196 AGU01 ALEJANDRA AGUILAR 07/10/2026 Regular 0.00 4,966.00 41197 ATT02 AT&T 07/10/2026 Regular 0.00 577.83 41198
CAR12 CARREL'S OFFICE SOLUTIONS 07/10/2026 Regular 0.00 25.23 41199 LAN00 DIANA LANGARCIA FAUSTO 07/10/2026 Regular 0.00 55.00 41200 M&M02 JAMES MCNEIL 07/10/2026 Regular 0.00 3,783.15 41201 KNI00 KNIFE RIVER CONSTRUCTION 07/10/2026 Regular 0.00 1,502.01 41202 Check Report Date Range: 07/01/2026 - 07/31/2026
8/5/2026 2:18:52 PM Page 2 of 4
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number TPX00 TPX COMMUNICATIONS 07/10/2026 Regular 0.00 615.81 41203 ATT17 AT&T 07/10/2026 Regular 0.00 107.00 41204
DAR03 DARREN TAYLOR CONSTRUCTION 07/10/2026 Regular 0.00 21,332.40 41205 PAC29 PACE ANALYTICAL SERVICES, LLC 07/10/2026 Regular 0.00 256.00 41206 MIE00 BENJAMIN MIERZWAK 07/14/2026 Regular 0.00 830.00 41208 CHI06 CHICO POWER EQUIPMENT 07/14/2026 Regular 0.00 123.66 41209 FER02 FERGUSON WATERWORKS #1423 07/14/2026 Regular 0.00 1,270.94 41210 GLA00 GLATFELTER PUBLIC ENTITIES 07/14/2026 Regular 0.00 85,198.60 41211 GRA02 GRAINGER, W.W., INC 07/14/2026 Regular 0.00 672.38 41212 GRE06 GREG'S HEATING & A/C 07/14/2026 Regular 0.00 335.00 41213 PGE05 PG&E 07/14/2026 Regular 0.00 2,677.16 41214
PIT01 PITNEY BOWES 07/14/2026 Regular 0.00 186.29 41215 QUI02 QUILL CORPORATION 07/14/2026 Regular 0.00 87.25 41216 SCP00 SCP DISTRIBUTORS LLC 07/14/2026 Regular 0.00 1,737.32 41217 FAL00 SERRAN FALLEN 07/14/2026 Regular 0.00 300.00 41218 WCP00 WEST COAST PAPER CO INC 07/14/2026 Regular 0.00 257.35 41219 ADA04 ADAMS ASHBY GROUP, INC. 07/14/2026 Regular 0.00 2,500.00 41220 ADP00 ADP, INC. 07/14/2026 Regular 0.00 585.58 41221
ATT15 AT&T MOBILITY 07/14/2026 Regular 0.00 1,076.34 41222 BEN06 BEN'S TRUCK REPAIR, INC 07/14/2026 Regular 0.00 24,883.08 41223 BIG02 BIG VALLEY SANITATION, INC. 07/14/2026 Regular 0.00 150.00 41224 CHI06 CHICO POWER EQUIPMENT 07/14/2026 Regular 0.00 397.19 41225 DEP12 DEPT OF JUSTICE 07/14/2026 Regular 0.00 741.00 41226 FIR22 FIRST NATIONAL BANK OF OMAHA 07/14/2026 Regular 0.00 310.14 41227 FIR13 FIRST NATIONAL BANK OMAHA 07/14/2026 Regular 0.00 3,818.57 41228 HIN01 HINDERLITER DE LLAMAS & ASSOCIATES 07/14/2026 Regular 0.00 1,412.32 41229 MID00 MID PACIFIC ENGINEERING, INC. 07/14/2026 Regular 0.00 1,101.48 41230 PGE01 PG&E 07/14/2026 Regular 0.00 3,420.86 41231
PGE2B PG&E 07/14/2026 Regular 0.00 10,970.63 41232
PGE04 PG&E 07/14/2026 Regular 0.00 472.31 41233
QUI02 QUILL CORPORATION 07/14/2026 Regular 0.00 195.91 41234 SIL04 SILKE COMMUNICATIONS SOLUTIONS, 07/14/2026 Regular 0.00 21,580.26 41235 VER02 VERIZON WIRELESS 07/14/2026 Regular 0.00 228.06 41236 AMA02 AMAZON CAPITAL SERVICES, INC. 07/16/2026 Regular 0.00 3,253.79 41237 CEN18 CENTRAL VALLEY SALINITY COALITION, INC. 07/16/2026 Regular 0.00 845.75 41238 KNI00 KNIFE RIVER CONSTRUCTION 07/16/2026 Regular 0.00 861.89 41239 PER07 MARIA PEREZ 07/16/2026 Regular 0.00 36.41 41240
PGE2A PG&E 07/16/2026 Regular 0.00 52.92 41241
TEH15 TEHAMA CO SHERIFF'S DEPT 07/16/2026 Regular 0.00 322.40 41242 WCP00 WEST COAST PAPER CO INC 07/16/2026 Regular 0.00 580.98 41243 SCP00 SCP DISTRIBUTORS LLC 07/17/2026 Regular 0.00 1,639.85 41244 MIE00 BENJAMIN MIERZWAK 07/20/2026 Regular 0.00 255.00 41245 COR11 CORNING SAFE & LOCK 07/20/2026 Regular 0.00 169.92 41246 MCB00 MCBRAYER'S HOME TOWN CAFE 07/20/2026 Regular 0.00 608.53 41247 PAC29 PACE ANALYTICAL SERVICES, LLC 07/20/2026 Regular 0.00 1,143.10 41248 PGE09 PG&E 07/20/2026 Regular 0.00 228.72 41249
USA01 USA BLUE BOOK 07/20/2026 Regular 0.00 353.00 41250 WEL06 WELLS FARGO VENDOR FINANCIAL SVCS, LLC 07/20/2026 Regular 0.00 1,782.10 41251 FIR11 FIRST NATIONAL BANK OMAHA 07/20/2026 Regular 0.00 247.31 41252 PAY01 PAYGOV.US LLC 07/20/2026 Regular 0.00 195.45 41253 BLU01 BLUEGLOBES, LLC. 07/21/2026 Regular 0.00 363.39 41254 COR07 CORBIN WILLITS SYSTEMS, INC. 07/21/2026 Regular 0.00 200.00 41255 IMA02 IMAGE TREND 07/21/2026 Regular 0.00 5,724.50 41256 PAP00 PAPE MACHINERY INC. 07/21/2026 Regular 0.00 2.57 41257 USA01 USA BLUE BOOK 07/21/2026 Regular 0.00 5,319.45 41258 LAR00 LARRY WALKER ASSOCIATES, INC. 07/21/2026 Regular 0.00 23,284.00 41259 NOR47 NORTHSTAR 07/21/2026 Regular 0.00 94.22 41260
GRO00 GROOTVELD, TROY DARREN 07/22/2026 Regular 0.00 278.59 41261 PAP00 PAPE MACHINERY INC. 07/22/2026 Regular 0.00 444.96 41262 SUN01 SUNRISE ENVIRONMENTAL 07/22/2026 Regular 0.00 379.03 41263 DEP03 DEPT OF TRANS/CAL TRANS 07/22/2026 Regular 0.00 869.93 41264 Check Report Date Range: 07/01/2026 - 07/31/2026
8/5/2026 2:18:52 PM Page 3 of 4
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number COM01 COMPUTER LOGISTICS, INC 07/23/2026 Regular 0.00 4,030.06 41265 GAY02 GAYNOR TELESYSTEMS, INC 07/23/2026 Regular 0.00 66.05 41266 UND01 UNDERGROUND SERVICE ALERT NORTH 07/23/2026 Regular 0.00 1,368.12 41267 DEP12 DEPT OF JUSTICE 07/23/2026 Regular 0.00 70.00 41268 DEP03 DEPT OF TRANS/CAL TRANS 07/23/2026 Regular 0.00 598.12 41269 TEH20 TEHAMA CO DISTRICT ATTY 07/23/2026 Regular 0.00 133.80 41270 MOO07 MOORE & BOGENER, INC. 07/24/2026 Regular 0.00 6,205.00 41271 ADP00 ADP, INC. 07/27/2026 Regular 0.00 585.58 41272
BDI00 BDI 07/27/2026 Regular 0.00 185.67 41273
CUR04 CURIEL, ALEJANDRA 07/27/2026 Regular 0.00 250.00 41274 PAC29 PACE ANALYTICAL SERVICES, LLC 07/27/2026 Regular 0.00 256.00 41275 PGE2A PG&E 07/27/2026 Regular 0.00 281.38 41276
PGE01 PG&E 07/27/2026 Regular 0.00 10,470.67 41277
UND01 UNDERGROUND SERVICE ALERT NORTH 07/27/2026 Regular 0.00 565.25 41278 USA01 USA BLUE BOOK 07/27/2026 Regular 0.00 264.74 41279 COR08 CORNING LUMBER CO INC 07/28/2026 Regular 0.00 106.17 41281 LAM05 LAMB UNLIMITED GENERAL ENGINEERING 07/28/2026 Regular 0.00 22,931.55 41282 QUI02 QUILL CORPORATION 07/28/2026 Regular 0.00 169.21 41283 PAP00 PAPE MACHINERY INC. 07/29/2026 Regular 0.00 172.98 41284 TEH25 TEHAMA COUNTY PLANNING DEPT. 07/29/2026 Regular 0.00 2,626.00 41285 VES00 VESTIS GROUP, INC. 07/29/2026 Regular 0.00 502.92 41286 GIN01 GINNO CONSTRUCTION, INC. 07/30/2026 Regular 0.00 442,879.66 41287 COR09 CORNING CHAMBER OF COMMERCE 07/30/2026 Regular 0.00 1,000.00 41288 DOW01 DOWN RANGE 07/30/2026 Regular 0.00 1,880.98 41289 SMI02 JARED THOMAS SMITH 07/30/2026 Regular 0.00 54.70 41290 PGE2A PG&E 07/30/2026 Regular 0.00 296.51 41291
PGE2B PG&E 07/30/2026 Regular 0.00 541.97 41292
SCH16 SCHLERETH, DAYMON WAYNE 07/30/2026 Regular 0.00 104.70 41293 TEH11 TEHAMA CO TAX COLLECTOR 07/30/2026 Regular 0.00 625.77 41294 BLU01 BLUEGLOBES, LLC. 07/30/2026 Regular 0.00 563.73 41295 SCH01 LES SCHWAB TIRE CENTER 07/30/2026 Regular 0.00 1,451.32 41296 PGE04 PG&E 07/30/2026 Regular 0.00 1,149.05 41297
SCP00 SCP DISTRIBUTORS LLC 07/30/2026 Regular 0.00 1,793.33 41298 Regular Checks
Manual Checks
Voided Checks
Discount
Payment
Payment Type Count
Bank Code AP Summary
Bank Drafts
EFT's
148
0 0
0 0
0.00 0.00
0.00 0.00
0.00 148 0.00
Payment
1,393,446.12
0.00 0.00
0.00 0.00
1,393,446.12
Payable
Count
175
0 0
0 0
175
Check Report Date Range: 07/01/2026 - 07/31/2026
8/5/2026 2:18:52 PM Page 4 of 4
All Bank Codes Check Summary
Payment Type Discount
Payment
Count Payment
Payable
Count
Regular Checks
Manual Checks
Voided Checks
Bank Drafts
EFT's
148
0 0
0 0
0.00 0.00
0.00 0.00
0.00 148 0.00
1,393,446.12
0.00 0.00
0.00 0.00
1,393,446.12
175
0 0
0 0
175
Fund Name Period Amount
Fund Summary
000 Pooled Cash 7/2026 1,393,446.12
1,393,446.12
Monthly Issued License Details
Issue Date from Licenses feed: 07/01/2026 - 07/31/2026
LICENSE
NUMBER LICENSE DESCRIPTION TEMPLATENAME
ISSUE
DATE ISSUED TO BUSINESSNAME
PHYSICAL
ADDRESS
MAILING
ADDRESS
26-
000066
Gas station with convenience store Business
License
07/01/2026 Gurinder Basra Basra mini
mart
2015 Solano
street Corning
usa 96021
26-
000067
Plumbing Contractor
Business
License
07/02/2026 Earls
Mechanical Inc
Earls
Performance
Plumbing
220 Sellers Way
Chico CA 95928
CA
26-
000068
provide cleaning services for homes, offices and apartment complexes,clinics and vacant properties.
Business
License
07/02/2026 guadalupe
campos
shine
cleaning
service
911 prune st
Corning usa
96021
26-
000069
Masonry Construction Contractor
Business
License
07/02/2026 Cory Reynolds American
Masonry
Specialists
3985 Foothill
Blvd Oroville
usa 95966
26-
000070
Plumbing contractor Contractor
Business
License
07/06/2026 California Delta
Mechanical
California
Delta
Mechanical
6056 EAST
BASELINE
ROAD #155
MESA AZ USA
85206
USA
26-
000071
Bookkeeping Service Business
License
07/06/2026 Signe Lewis S Lewis
Bookkeeping
708 6th St
Corning CA usa
96021
1180 E
CASSANDRA
CIR Corning CA
usa 96021
26-
000072
Retail sales of cell phones and accessories. Authorized Verizon retail store.
Business
License
07/06/2026 Samantha
Workman
AKA Wireless
Inc.
225 N Orchard
Ave Ukiah CA
USA 95482
8510 Colonnade
Center Dr., Ste
300 Raleigh NC
USA 27615
26-
000073
Non-profit Rural Health Clinic Business
License
07/06/2026 Christine Espy Adventist
Health Clear
Lake
155 Solano
Street Corning
usa 96021
PO Box 6710
Clearlake usa
95422
Monthly Issued License Details 07/01/2026 - 07/31/2026
August 06, 2026 at 12:07 PM Generated by Khrystie Shoemaker Page: 1/16 Item: G-4
26-
000074
Landscape Contractor Contractor
Business
License
07/06/2026 Jerry Gross Northern
Property
Services, Inc
185 Gurnsey
Ave. Red Bluff
usa 96080
26-
000075
Construction Projects: Corning Veterans Hall Remodel @ 1620 Solano St.
Corning Plaza & Rec Center @ 1101 Solano St.
Contractor
Business
License
07/06/2026 Stephanie
Haverlock
Ginno
Construction,
Inc.
855 Marauder
St. #100 Chico
CA usa 95973
26-
000076
Western Waters Backflow tests, repairs and installs backflow preventer devices for customers in the Northern California area.
Contractor
Business
License
07/06/2026 John Hollmer Western
Waters
Backflow
22345
HARNESS LN
RED BLUFF CA
usa 96080
PO Box PO Box
1515
Cottonwood CA
usa 96022
26-
000077
I am renewing my Business License Tax doing data entry Business License
07/06/2026 Jeanne Neles Pacific
Medical
Management
1416 Solano St
Corning CA usa
96021
usa
26-
000078
We are a hardware store. We sell tools, hardware supplies and other supplies needed for home maintenance.
Business
License
07/07/2026 Fatima de la
Rosa
South
Avenue Ace
Hardware
2060 South Ave
corning usa
96021
26-
000079
INSTALLATION AND SERVICE OF SOLAR AND ENERGY PRODUCTS Business License
07/07/2026 Rosa D Tesla Energy
Operations,
Inc.
901 Page Ave.
Fremont CA
USA 94538
USA
26-
000080
Any and all electrical installations and trouble shooting service calls Contractor Business
License
07/07/2026 larry chain mojave
electric
PO Box 875 red
bluff usa 96080
26-
000081
General contractor Contractor
Business
License
07/07/2026 Maithy Vu Hignell
Incorporated
1750 Humboldt
Rd Chico CA
95928
26-
000082
Out of town subcontractor for installation of building products. Contractor Business
License
07/07/2026 Pamela Henson Broken Drum
Insulation
Visalia
751 N. Miller
Park Street
Visalia CA USA
93291
Suite 50 495
South High
Street, Suite 50
Columbus OH
USA 43215
LICENSE
NUMBER LICENSE DESCRIPTION TEMPLATENAME
ISSUE
DATE ISSUED TO BUSINESSNAME
PHYSICAL
ADDRESS
MAILING
ADDRESS
Monthly Issued License Details 07/01/2026 - 07/31/2026
August 06, 2026 at 12:07 PM Generated by Khrystie Shoemaker Page: 2/16 Item: G-4
26-
000083
Sell, install, and service security alarm systems. Contractor Business
License
07/07/2026 Rudy Luna Securitas
Technology
Corporation
Attn: Licensing
11899 Exit 5
Parkway-Suite
100 Fishers IN
USA 46037
USA
26-
000084
Contractor
Business
License
07/07/2026 Everon LLC Everon, LLC Attn:
Commercial
Licensing Dept
1501 Yamato
Rd Boca Raton
FL USA 33431
Attn:
Commercial
Licensing Dept
1501 Yamato
Rd Boca Raton
FL USA 33431
26-
000085
Restaurant. Renewing license #1203 Business
License
07/07/2026 Julie Dauer Taco Bell 1199 N. State
St. Ukiah usa
95482
usa
26-
000086
Food and drink mobile vendor. Mobile food truck. Business License
07/07/2026 Hilda Lopez Los Montes 4795 Houghton
Avenue Corning
CA USA 96021
USA
26-
000087
Pest Control Business
License
07/07/2026 Jeremy
Woodworth
Jeremy's
Pest
Stompers
1128 Elm St
Willows usa
95988
usa
26-
000088
Buildings & Material Supplier Business
License
07/08/2026 Wolters Kluwer Wolters
Kluwer
140 Grand St.
Suite 300 White
Plains NY USA
10601
USA
26-
000089
Business License Business
License
07/08/2026 Bryan Manzo Inframark
(Corning
WWTP)
25010 Gardiner
Ferry Rd. PO
Box PO Box 230
Corning usa
96021
25010 Gardiner
Ferry Rd. PO
Box PO Box 230
Corning CA usa
96021
26-
000090
Real Estate sales and service Business
License
07/08/2026 Paula Palone Select Group
of Companie
Ste. B 437
Century Park Dr
Yuba City usa
95991
LICENSE
NUMBER LICENSE DESCRIPTION TEMPLATENAME
ISSUE
DATE ISSUED TO BUSINESSNAME
PHYSICAL
ADDRESS
MAILING
ADDRESS
Monthly Issued License Details 07/01/2026 - 07/31/2026
August 06, 2026 at 12:07 PM Generated by Khrystie Shoemaker Page: 3/16 Item: G-4
26-
000091
Interconnected Voice over Internet Protocol (iVoIP) communications service.
Business
License
07/08/2026 KATHERINE
PAEZLE
TURNER
COX
ADVANCED
SERVICES
LOUISIANA,
LLC
6205 B
PEACHTREE
DUNWOODY
ROAD
ATLANTA OK
USA 30419
251 LITTLE
FALLS DRIVE
WILMINGTON
DE USA 19808
26-
000092
Residential house cleaning services, including routine and deep cleaning of homes. Services may include dusting, vacuuming, mopping, cleaning kitchens and bathrooms, sanitizing surfaces, window cleaning (interior), laundry, and other general housekeeping tasks. The business provides cleaning services for private residences and does not perform construction, repair, or hazardous waste removal.
Business
License
07/08/2026 Oliva Arballo Oliva
Cleaning
2134 Blossom
Ave Corning usa
96021
26-
000093
Utility Civil and Electric Contractor
Business
License
07/09/2026 Dan Garcia C&C
UTILITY,
INC.
632 Entler Ave
Chico usa
95928
26-
000094
We will be doing the acoustical ceilings for the Corning High School CTE shop building remodel
Contractor
Business
License
07/09/2026 Sarah
Luttenbacher
Sun Valley
Acoustical
Corporation
2385 Ivy St.
Chico usa
95928
3728 Windom
St. Fort Collins
usa 80526
26-
000095
Renewal of a Business License Business
License
07/09/2026 Robert Andrews Computer
Logistics
1135 Pine St.,
Ste 202 Redding
usa 96001
26-
000096
Architecture firm designing/aiding in construction in the city Business License
07/09/2026 Jeff Katz COAR
Design
Group
STE 130 9640
Granite Ridge
Dr San Diego
usa 92123
26-
000097
we doing truck trailer wash and car wash instal truck tires Business License
07/09/2026 Rajwinder Metla Semi truck
Wash Inc
3094 hwy 99
Corning usa
96021
26-
000098
Electrical, Instrumentation & Controls Contractor
Business
License
07/09/2026 Coryn Leonardo Telstar
Instruments
4017 Vista Park
Court
Sacramento CA
USA 95834
USA
LICENSE
NUMBER LICENSE DESCRIPTION TEMPLATENAME
ISSUE
DATE ISSUED TO BUSINESSNAME
PHYSICAL
ADDRESS
MAILING
ADDRESS
Monthly Issued License Details 07/01/2026 - 07/31/2026
August 06, 2026 at 12:07 PM Generated by Khrystie Shoemaker Page: 4/16 Item: G-4
26-
000099
I will be selling snacks and drinks. We sell ice cones, we have 15 flavors.
We also sell bags of chips. We also sell fruit cups of different sizes.
Business
License
07/09/2026 Rogelio Brito J.C.A. Ice
Cones
1585, Fig St
1585, Fig St
Corning CA usa
96021
26-
000100
Contractor
Business
License
07/09/2026 Nicki Swafford MTN Spec.
Synthetic
Coating
Suite 85 1830
Sierra Gardens
Dr Roseville usa
95661
#C200 3395
Carder Court
Highlands
Ranch usa
80129
26-
000101
Property Management Business
License
07/09/2026 Paula Palone Select Group
of Companie
Ste. B 437
Century Park Dr
Yuba City usa
95991
26-
000102
Mission tortilla sales to grocery stores Business
License
07/10/2026 Les Pitner Pitner
distributing
23450 Lolate
Ave 23450
Lolate Ave
Corning usa
96021
26-
000103
Structural Pest Business
License
07/13/2026 Kathy Points Clark Pest
Control, Inc.
3080
Crossroads Dr
Redding usa
96003
usa
26-
000104
Tax Preparation Business
License
07/13/2026 Anahi Jimenez Pro-One
Services LLC
4859 Barham
Ave Corning CA
usa 96021
usa
26-
000105
Equipment Rental Company Business
License
07/13/2026 Laurie Spindler CP Manages
LLC
957 Colusa
Street Corning
usa 96021
26-
000106
Installation of Fire Protection/Fire Sprinkler Systems Business License
07/14/2026 Crystal Ford Johnson
Controls Fire
Protection LP
Suite 1A 14200
E. Exposition
Avenue Aurora
CO USA 80012
USA
LICENSE
NUMBER LICENSE DESCRIPTION TEMPLATENAME
ISSUE
DATE ISSUED TO BUSINESSNAME
PHYSICAL
ADDRESS
MAILING
ADDRESS
Monthly Issued License Details 07/01/2026 - 07/31/2026
August 06, 2026 at 12:07 PM Generated by Khrystie Shoemaker Page: 5/16 Item: G-4
26-
000107
Pest Control Services Business
License
07/14/2026 Darrell Troutt Rentokil
North
America Inc
DBA
Terminix
825 N
Washington Ave
Durant OK usa
74701
Tax-0020 150
Peabody Place
Memphis TN
usa 38103
26-
000108
Roofing Business License. Re Roofs, new roofs. Tear off, install.
Composition, metal, tile.
Contractor
Business
License
07/14/2026 Martin
Hernandez
Trujillo
29296 Ogburn
Wy
SHINGLETOWN
CA USA 96088
29296 Ogburn
Wy
SHINGLETOWN
CA USA 96088
26-
000109
Contractor
Business
License
07/14/2026 SUN RUN SUNRUN
26-
000110
Business License Renewal for Zubiri Solutions LLC. Handyman Services.
Residential and Commercial Repairs / Maintenance
Business
License
07/14/2026 Mitchell Zubiri Zubiri
Solutions
LLC
18585 Stallion
Dr 18585
Stallion Dr Red
Bluff CA usa
96080
26-
000111
Home loans - at 1408 Solano St Business
License
07/14/2026 Ronda Holland Neo Home
Loans
1408 Solano St
Corning usa
96021
26-
000112
Junk removal, property cleanup, property maintenance. Business License
07/15/2026 Jacob Myers K and J
Services
612 Chestnut st.
Corning usa
96021
usa
26-
000113
Medical Business
License
07/15/2026 QUEST
DIAGNOSTICS
Quest
Diagnostics
KK 275 Solano
Street Corning
CA usa 96021
Facilities 8401
Fallbrook
Avenue West
Hills CA usa
91304
26-
000114
Handyman services including general home repairs, maintenance, minor carpentry, painting, drywall repair, fixture installation, and other nonlicensed repair work. General handyman providing residential and commercial maintenance, repairs, and improvement services not requiring a contractor's license. Minor home repair and maintenance services, including carpentry, painting, door and window repairs, fence repairs, fixture replacement, and general property maintenance.
Business
License
07/15/2026 Francisco
Trujillo
Above Grade
Construction
22905 Finnell
Ave Corning usa
96021
LICENSE
NUMBER LICENSE DESCRIPTION TEMPLATENAME
ISSUE
DATE ISSUED TO BUSINESSNAME
PHYSICAL
ADDRESS
MAILING
ADDRESS
Monthly Issued License Details 07/01/2026 - 07/31/2026
August 06, 2026 at 12:07 PM Generated by Khrystie Shoemaker Page: 6/16 Item: G-4
26-
000115
Apartments Business
License
07/15/2026 STEVE
WHITFIELD
California
Apartments
1304 Yolo St
Corning CA
USA 96021
762 Churchill
Drive Chico CA
USA 95973
26-
000116
Nail Technician, Offers services such as manicures, pedicures builder, gel acrylic etc
Business
License
07/15/2026 Emily Hemping The Nail
Studio
23240 , River
Rd 23240 ,
River Rd
Corning CA usa
96021
26-
000117
Engineer Consulting Services Business
License
07/16/2026 Wolters Kluwer Wolters
Kluwer
140 Grand St.
Suite 300 White
Plains NY USA
10601
USA
26-
000118
Business License Tax renewal Business
License
07/16/2026 Kerry Littlefield Solano Street
Clinic
2126 Solano
Street Corning
CA usa 96021
26-
000119
Wireless Telecommunications Provider - Cell Tower Business License
07/17/2026 Glen
Baldeschwiler
New Cingular
Wireless
PCS, LLC
FL 9 RM 9E-BL
1010 PINE ST
SAINT LOUIS
MO USA 63101
FL 9 1010 PINE
ST SAINT
LOUIS MO USA
63101
26-
000120
C-17 - Glazing Contractor California Code of Regulations Title 16, Division 8, Article 3. Classifications A glazing contractor selects, cuts, assembles and/or installs all makes and kinds of glass, glass work, mirrored glass, and glass substitute materials for glazing; executes the fabrication and glazing of frames, panels, sashes and doors; and/or installs these items in any structure.
Contractor
Business
License
07/17/2026 Howard Harbert Commercial
Glass, Inc.
19799 Hircsh Ct
Anderson CA
usa 96007
usa
26-
000121
Business license Business
License
07/17/2026 LICENSE
GROUP
UNFI
Grocers
Distribution
5300 Sheila St
Commerce usa
90040
26-
000122
Contractor Contractor
Business
License
07/17/2026 Franklin
Construction
Franklin
Construction,
Inc.
217 Flume St.
STE 200 Chico
usa 95928
LICENSE
NUMBER LICENSE DESCRIPTION TEMPLATENAME
ISSUE
DATE ISSUED TO BUSINESSNAME
PHYSICAL
ADDRESS
MAILING
ADDRESS
Monthly Issued License Details 07/01/2026 - 07/31/2026
August 06, 2026 at 12:07 PM Generated by Khrystie Shoemaker Page: 7/16 Item: G-4
26-
000123
Contractor
Business
License
07/20/2026 Sherry Rose Precision
Garage Door
Service
20227
Charlanne Dr
Redding CA
USA 96002
14660 NE North
Woodinville Way
Woodinville WA
USA 98072
26-
000124
Sales and Service of Financial Equipment Contractor
Business
License
07/20/2026 Eyvonne Hill Diebold
Nixdorf Inc
350 Orchard
Ave. N.E. North
Canton usa
44720
Dept. 9-83 PO
Box 3077 North
Canton usa
44720-8077
26-
000125
HVAC Contractor Contractor
Business
License
07/20/2026 THE ENERGUY
PERMIT
DEPARTMENT
THE
ENERGUY
LLC
SUITE C3
26111 YNEZ RD
Temecula CA
USA 92591
USA
26-
000126
Hair Cuts Business
License
07/20/2026 Fredy Sanchez
Ramirez
FREDY
MOBILE
BARBER
913 Sunny St
Corning CA usa
96021
26-
000127
A, C21 Contractor
Business
License
07/20/2026 Derya Ozgur Santos
Excavating,
Inc.
460 Ryan Ave.
Chico CA usa
95973
PO Box PO Box
146 Chico CA
usa 95927
26-
000128
GENERAL CONTRACTOR Contractor
Business
License
07/20/2026 Ji Loh Wayne Perry
Inc
8281
Commonwealth
Ave Buena Park
CA USA 90621
USA
26-
000129
locksmith keys and locks Business
License
07/20/2026 michael
mcmullen
corning safe
and lock
a 1315 solano
street Corning
CA usa 96021
CA usa
26-
000130
Monitor and install security systems Contractor
Business
License
07/21/2026 Mark Weete Bay Alarm
Company
5130
Commercial Cir
Concord CA
USA 94520-
8522
CA USA
LICENSE
NUMBER LICENSE DESCRIPTION TEMPLATENAME
ISSUE
DATE ISSUED TO BUSINESSNAME
PHYSICAL
ADDRESS
MAILING
ADDRESS
Monthly Issued License Details 07/01/2026 - 07/31/2026
August 06, 2026 at 12:07 PM Generated by Khrystie Shoemaker Page: 8/16 Item: G-4
26-
000131
General Contractor and licensed electrician Contractor
Business
License
07/21/2026 Jose Jimenez
Lopez
Pro-One
General
Building
Contractor
LLC
4859 Barham
Ave Corning usa
96021
26-
000132
We provide lawncare landscaping services Business
License
07/22/2026 Gabriela
Jimenez
Laras
Lawncare
Services
1633
Almondwood
Drive Orland
usa 95963
26-
000133
General Contractor Contractor
Business
License
07/22/2026 Jennifer Senee Pacific West
Builders Inc.
APN 071-020-
074-000 Corning
usa
430 E State St,
Ste 100 Eagle
usa 83616
26-
000134
FOOD RETAIL Business
License
07/23/2026 Anil Yadav West Coast
Diner
Management,
Inc
2120 South Ave
Corning usa
96021
Ste 301 3550
Mowry Ave
Fremont CA usa
94538
26-
000135
Metal Polishing On aluminum and stainless steel Business License
07/23/2026 Valente Orozco Orozco
Polishing Inc.
3129 S 99W
Corning usa
96021
usa
26-
000136
BUSINESS LICENSE RENEWAL Business
License
07/23/2026 QUIKSERVE
RESTAURANTS
BURGER
KING
888 WEST
HIGHWAY 99
CORNING CA
USA 96021
25 E AIRWAY
BLVD
LIVERMORE
CA USA 94551
26-
000137
Nail technician Pedicure File Paint nails on hands and feet. Business License
07/23/2026 Edna araceli
Arce
Cheli nails 512 marin street
Corning usa
96021
26-
000138
Cottage Food Bakery at home and self-serve farm stand as well as farmers markets in Corning. We are not in the city limits of Corning but still need a business license.
Business
License
07/24/2026 Temma Roby Roby Ranch 5670 Keene
Road Corning
CA usa 96021
usa
LICENSE
NUMBER LICENSE DESCRIPTION TEMPLATENAME
ISSUE
DATE ISSUED TO BUSINESSNAME
PHYSICAL
ADDRESS
MAILING
ADDRESS
Monthly Issued License Details 07/01/2026 - 07/31/2026
August 06, 2026 at 12:07 PM Generated by Khrystie Shoemaker Page: 9/16 Item: G-4
26-
000139
Grant Program Evaluation Business
License
07/24/2026 Cynthia Barnett Center for
Evaluation
and
Research,
LLC
10288
Abernathy
Redding USA
96003
P.O. Box
990063 Redding
USA 96099
26-
000140
Motel with 21 rooms. Business
License
07/24/2026 Hinesh Patel 7 INN 998 Hwy 99 W
Corning CA usa
96021
usa
26-
000141
Sand and gravel from our pit at 6069 hwy 99w, Corning ca 96021 Business License
07/24/2026 Veronica
Petersen
Thomes
Creek Rock
Co Inc
6069 hwy 99w
Corning CA usa
96021
26-
000142
1405 Solano Street Corning, Ca. 96021 Business
License
07/24/2026 Shannon
Thomas
Solano Street
Hair
1405 SOLANO
ST CORNING
usa 96021-3054
usa
26-
000143
Training studio, fitness training. Business
License
07/25/2026 Marvick
Gutierrez
The Peach 2005 Solano St
2005 Solano St
Corning CA usa
96021
1360 Center St
1360 Center St
Corning CA usa
96021
26-
000144
Installation of Pre-fabricated metal carports and garages Contractor Business
License
07/27/2026 Primo Castillo American
Steel
Carports Inc
457 North
Broadway St.
Joshua TX USA
76058
457 North
Broadway St.
Joshua TX USA
76058
26-
000145
self-automated recycling kiosk that purchases used electronics [cell phones, mp3 players, tablets]’
Business
License
07/27/2026 ecoATM LLC ecoATM, LLC STE 200 6160
Cornerstone
Court East San
Diego CA usa
92121
usa
26-
000146
Coffee shop with retail merchandise and whole bean coffee. Ready to eat food, handcrafted beverages.
Business
License
07/27/2026 Starbucks
Coffee
Starbucks
Corporation
#STAX-2 2401
Utah Ave S
Seattle WA USA
98134
License
Services 34442
STAX-2 Seattle
WA USA 98124
LICENSE
NUMBER LICENSE DESCRIPTION TEMPLATENAME
ISSUE
DATE ISSUED TO BUSINESSNAME
PHYSICAL
ADDRESS
MAILING
ADDRESS
Monthly Issued License Details 07/01/2026 - 07/31/2026
August 06, 2026 at 12:07 PM Generated by Khrystie Shoemaker Page: 10/16 Item: G-4
26-
000147
Rentals Business
License
07/27/2026 Chetina Austin Colledge
Family Trust
Rentals
583 Edith
Avenue Corning
usa 96022
26-
000148
TACO TRUCK Business
License
07/27/2026 SIXTOS
GOMEZ
RANGEL
TORI TACOS 1205 HWY 99 W
1205 HWY 99 W
Corning CA usa
96021
usa
26-
000149
Lawn care/lawn maintenance/landscaping Business
License
07/27/2026 Shanon Ables Above and
beyond lawn
care
26-
000150
Contractor
Business
License
07/27/2026 Aaron Gonzalez Jessee
Heating & Air
Conditioning
3025 Southgate
Lane Chico CA
USA 95928
USA
26-
000151
Gas Station/ Convenience Store Business
License
07/27/2026 Noor Kaur Corning Fuel
Stop LLC
2176 Solano St
Corning usa
96021
PO Box PO Box
1358 Ridgefield
usa 98642
26-
000152
Residential care facility for the elderly Business
License
07/27/2026 Allan Marshall
26-
000153
I’m a Barber at RedDoor Barber Shop I Cut hair give confidence and do hot towel shaves
Business
License
07/27/2026 Juan Allende Cuts by Juan 1202 Solano St
Corning usa
96021
26-
000154
Therapeutic bodywork and nutrition guidance mobile Business License
07/28/2026 Danette
Mierzwak
Massage by
Danette
22635 Moran Rd
22635 Moran Rd
Corning CA usa
96021
26-
000155
Quick Service Restaurant Business
License
07/28/2026 Courtney
Escalante
McDonald's 3375 Sunrise
Blvd Corning
usa 96021
PO Box PO Box
2456 Granite
Bay usa 95746
26-
000156
Installation of commercial solar panels / solar construction Contractor Business
License
07/28/2026 Eric Streich Teichert
Energy and
Utilities Inc
400 Sunrise Ave
ROSEVILLE CA
USA 95661
255767
Sacramento CA
USA 95865
LICENSE
NUMBER LICENSE DESCRIPTION TEMPLATENAME
ISSUE
DATE ISSUED TO BUSINESSNAME
PHYSICAL
ADDRESS
MAILING
ADDRESS
Monthly Issued License Details 07/01/2026 - 07/31/2026
August 06, 2026 at 12:07 PM Generated by Khrystie Shoemaker Page: 11/16 Item: G-4
26-
000157
Retail auto parts and related supplies. Business
License
07/28/2026 Christie
Meadors
O'Reilly Auto
Parts
233 S Patterson
Springfield MO
USA 65802
9167 Springfield
MO USA 65801
26-
000158
Olive Fresh Cleaners provides residential and commercial cleaning services, including routine housekeeping, deep cleaning, move‑in/move‑out cleaning, rental and Airbnb turnover cleaning, and basic office cleaning. Services include dusting, vacuuming, mopping, surface cleaning, bathroom and kitchen sanitation, and general property upkeep.
Work is performed at client locations throughout Tehama County and nearby areas.
Business
License
07/28/2026 Cody Fulgham Olive Fresh
Cleaners
4390 East Ave
Corning CA usa
96021
usa
26-
000159
Distribution of non-alcoholic beverages. Business
License
07/28/2026 VERONICA
ACEVEDO
REYES
COCA-COLA
BOTTLING
LLC
971 E. North
Avenue
FRESNO CA
USA 93725
Ste 9000 6250
N RIVER RD
Rosemont IL
USA 60018
26-
000160
traveling artist & photographer (I do not see customers at my location) Business License
07/28/2026 Cheri Barbo Cheri Barbo
Art
23856 Loleta
Ave Corning usa
96021
usa
26-
000161
I'm a barber cutting hair in red door barber shop Business License
07/28/2026 Juan Hernandez Red door
Barbershop
1202 solano st
Corning CA usa
96021
usa
26-
000162
traveling music lessons in our area Business
License
07/28/2026 Dane Barbo Dane Barbo
Music
23856 Loleta
Ave Corning usa
96021
usa
26-
000163
DMV vehicle registration services, title transfers, license plate services, vin verifications, notary public services, fax, copying, scanning, and related document processing. "Note: The question that asked what the application is for? My entity is an LLC but I chose corporation because there was no LLC option."
Business
License
07/28/2026 Nancy Aguilera
Lemus
J&N
Registration
Services LLC
1223 Solano St
Corning CA usa
96021
PO Box PO Box
21 Los Molinos
usa 96055
26-
000164
DELIVERY TRANSPORT Business
License
07/28/2026 Claire GaminoMcRaithUS Foods,
Inc
26-
000165
I'm a cosmetologist, I do hair here. Business
License
07/29/2026 Juan Hernandez Red door
Barbershop
1202 solano st
Corning CA usa
96021
usa
LICENSE
NUMBER LICENSE DESCRIPTION TEMPLATENAME
ISSUE
DATE ISSUED TO BUSINESSNAME
PHYSICAL
ADDRESS
MAILING
ADDRESS
Monthly Issued License Details 07/01/2026 - 07/31/2026
August 06, 2026 at 12:07 PM Generated by Khrystie Shoemaker Page: 12/16 Item: G-4
26-
000166
C20 Heating and air conditioning repair, service, sales, and installs Contractor Business
License
07/29/2026 Anthony Dossie Dossie
heating and
airconditioning
2815 Cattle Dr
2815 Cattle Dr
Corning CA usa
96021
26-
000167
Property Damage Restoration / Construction Business
License
07/29/2026 Danny
Andreasen
Cleanrite Inc 2684 State Hwy
32 Suite 100
Chico CA usa
95973
usa
26-
000168
Drive Thru Coffee Shop, Espresso Bar Drinks, Energy Drinks, Smoothies and Pre-packaged, fully cooked hot foods requiring only warming before being served.
Business
License
07/30/2026 Legal
Department
Dutch Bros
Coffee
870 N Farm to
Market 548
Forney TX usa
75126
1930 W Rio
Salado Pkwy
Tempe AZ usa
85281
26-
000169
I am a mobile auto glass business that provides automotive windshield repair and replacement services.
Business
License
07/30/2026 Destinee Long North State
Bullseye
Repair
616 Fig Ln
Corning CA usa
96021
usa
26-
000170
Architecture and Engineering Services. Business
License
07/30/2026 Antoinette
McNulty
CMC
Architecture
Suite I 332 Pine
Street Red Bluff
CA usa 96080
usa
26-
000171
Renewing Business License Business
License
07/30/2026 Renae Beckley The Copy
Shop
1208 Solano
Street Corning
usa 96021
usa
26-
000172
Gordon Jantoral and Lawn care Business
License
07/30/2026 Linda Gordon Gordon
Jantorail
3810 Michigan
Ave Corning usa
96021
26-
000173
Tree/shrub trimming and removal. Contractor
Business
License
07/30/2026 Trisha Billotti North Valley
Tree Service
3882 Esplanade
Chico CA usa
95973
26-
000174
Bakery and Deli Environmental Health double license Bakery and Restaurant
Business
License
07/30/2026 Marianne Turri Sweet Swirls
Bakery and
Deli
711 4th Street
Corning CA usa
96021
PO Box PO Box
2158 FLournoy
CA usa 96029
LICENSE
NUMBER LICENSE DESCRIPTION TEMPLATENAME
ISSUE
DATE ISSUED TO BUSINESSNAME
PHYSICAL
ADDRESS
MAILING
ADDRESS
Monthly Issued License Details 07/01/2026 - 07/31/2026
August 06, 2026 at 12:07 PM Generated by Khrystie Shoemaker Page: 13/16 Item: G-4
26-
000175
Convenience store with fuel and fast food. Business
License
07/30/2026 Amy Guzzy Love's Travel
Stops &
Country
Stores, Inc.
(dba) Love's
Travel Stop
#466
PO Box 26210
Oklahoma City
OK USA 73126
OK USA
26-
000176
Lawn Care Business
License
07/30/2026 Jorge Mendoza Mendoza
Lawn Care
2089 Donnovan
Ave Corning usa
96021
26-
000177
Renew Business License Business
License
07/30/2026 Sandy Cairo Cairo's Floral
and Gifts
1208 Solano
Street Corning
usa 96021
26-
000178
Engineering and planning services for airports. Business License
07/30/2026 Erik Vliek Armstrong
Consultants,
Inc.
26-
000179
tire repair shop/sales, light mechanical, and roadside assistance. Business License
07/30/2026 Amy Guzzy Love's Travel
Stops &
Country
Stores, Inc.
(dba) Love's
Travel Stop
#466
PO Box 26210
Oklahoma City
OK USA 73126
OK USA
26-
000180
246sola st corning ca Business
License
07/30/2026 Gonzalo
Hernandez
Corning tires
center
2046 solano st
Corning CA
96021
26-
000181
Independent stylist in a salon, at 1405 Solano Street Hair Business License
07/30/2026 Nena Madison Nena
Madison
1405 Solano
Street Corning
usa 96021
26-
000182
Guardrail Repair Contractor
Business
License
07/31/2026 Sarah Parker Highway
Specialty
Company Inc
PO Box PO Box
141 Palo Cedro
usa 96073
usa
LICENSE
NUMBER LICENSE DESCRIPTION TEMPLATENAME
ISSUE
DATE ISSUED TO BUSINESSNAME
PHYSICAL
ADDRESS
MAILING
ADDRESS
Monthly Issued License Details 07/01/2026 - 07/31/2026
August 06, 2026 at 12:07 PM Generated by Khrystie Shoemaker Page: 14/16 Item: G-4
26-
000183
Listing, Selling and Managing Real Estate. Office located at 2001 Solano Street, Corning CA 96021.
Business
License
07/31/2026 Michael Moller Moller Realty
Group
2001 Solano
Street Corning
CA usa 96021
26-
000184
Auto Repair Shop Business
License
07/31/2026 Bryson Schenk Hi Tech
Diesel
Specialist,
Inc
2371 Carona
Ave Corning CA
USA 96021
USA
26-
000185
Registration services Business
License
07/31/2026 Angeles
PELAYO
Pelayo's
Registration
Services
1809 Solano
Street Corning
CA usa 96021
usa
26-
000186
Used car sales Business
License
07/31/2026 Angeles
PELAYO
Pelayo's
Registration
Services
1809 Solano
Street Corning
CA usa 96021
usa
26-
000187
Tax Services Business
License
07/31/2026 Orlando
Contreras
Electro Tax
Servives
1806 Solano St
#2 1806 Solano
St #2 Corning
CA usa 96021
26-
000188
General Merchandising Design Digital, and physical print promotional personal, business marketing materials, forms, signage, some in house mostly outsourced drop shipped to customers. In residence.
Business
License
07/31/2026 STEVE
TURNER
Steve Turner
ADman
1618 Marin
Street
CORNING usa
96021-3054
usa
26-
000189
Selling clothing at fairs car shows and other mobile locations during events and shows
Business
License
07/31/2026 Steven Burgard Reaper King
Automotive
18510 executive
drive Corning
CA USA 96021
18520 executive
drive Corning
CA USA 96021
26-
000190
Ceramics and glass business Business
License
07/31/2026 Sarah Trammell Hazel
Ceramics
490 Hyland Dr
490 Hyland Dr
Corning usa
96021
26-
000191
Selling pottery and different home decor items. Business License
07/31/2026 Lacey Pardo Sol Imports 390 E Solano
St. Corning usa
96021
LICENSE
NUMBER LICENSE DESCRIPTION TEMPLATENAME
ISSUE
DATE ISSUED TO BUSINESSNAME
PHYSICAL
ADDRESS
MAILING
ADDRESS
Monthly Issued License Details 07/01/2026 - 07/31/2026
August 06, 2026 at 12:07 PM Generated by Khrystie Shoemaker Page: 15/16 Item: G-4
26-
000192
INSURANCE OFFICE Business
License
07/31/2026 ROSALBA
RIVERA
Yaya's Taco
Shop
615 4th Street
Corning usa
96021
26-
000193
TACO SHOP Business
License
07/31/2026 ROSALBA
RIVERA
Yaya's Taco
Shop
615 4th Street
Corning usa
96021
26-
000194
Residential/Commercial Building Handyman Services Business License
07/31/2026 Juan Pablo
Garcia
Handy
Juanpa
Services
1260 5th Ave
Corning usa
96021
26-
000195
We are a cellphone store. Business
License
07/31/2026 Faisal Ghafari Spacetel
Norcal
Prestige
273 1900 Point
West Way
Sacramento CA
usa 95815
usa
26-
000196
We are a food truck located on 410 Solano st. We are wanting to renew our license. We sell various types of Mexican food.
Business
License
07/31/2026 Monica Jorge
Chavarin
Aca En El
Rancho
410 Solano
Street C 410
Solano Street
26-
000197
Inspection Business
License
07/31/2026 Charles Arroyo
LICENSE
NUMBER LICENSE DESCRIPTION TEMPLATENAME
ISSUE
DATE ISSUED TO BUSINESSNAME
PHYSICAL
ADDRESS
MAILING
ADDRESS
Monthly Issued License Details 07/01/2026 - 07/31/2026
August 06, 2026 at 12:07 PM Generated by Khrystie Shoemaker Page: 16/16 Item: G-4
Item No. : G-5
MEMORANDUM
TO: Honorable Mayor and Council members
FROM: Khrystie Shoemaker
Assistant Finance Director
DATE: August 4, 2026
SUBJECT: July 2026 wages & salaries total for the
Tuesday August 11, 2026, Council Meeting
Disbursements for your approval consist of the following:
A. Payroll Date 07-09-2026 $ 232,839.50
B. Payroll Date 07-23-2026 $ 217,353.80
C. July end of the month p/r liabilities $ 71,320.64
GRAND TOTAL $ 521,513.94
Permit # Permit Date Parcel # Parcel
Address
Permit Type
26117 7/23/2026 073-200-022-
000
380
MARGUERITE
AVE
Electrical
26116 7/23/2026 071-105-009-
000
510 SIXTH ST Electrical
26115 7/22/2026 073-260-030-
000
103 Fig Ln Building
26114 7/19/2026 071-180-005-
000
1102
TOOMES AVE
Roof
26113 7/17/2026 071-192-034-
000
1972 SCOTT
AVE
HVAC
26112 7/17/2026 073-165-012-
000
849 HICKORY
ST
HVAC
26111 7/13/2026 071-221-005-
000
1111
HOUGHTON
AVE
Solar
26110 7/13/2026 073-200-022-
000
380
MARGUERITE
AVE
Solar
26109 7/13/2026 073-200-022-
000
380
MARGUERITE
AVE
Electrical
26108 7/10/2026 071-202-020-
000
2173
DONNOVAN
AVE
HVAC
26107 7/6/2026 071-045-010-
000
304 SIXTH ST Fire Protection
26106 7/6/2026 071-071-006-
000
1924 Colusa Fire Protection
26105 7/6/2026 071-080-047-
000
515 TOOMES
AVE
Electrical
Duplicate
Permit -
Finaled
Total Records: 13 8/5/2026
Finaled
ISSUED
ISSUED
ISSUED
ISSUED
ISSUED
approved "
FEES DUE "
ISSUED
Waiting for
Information/Pl
ISSUED
Main Status
Duplicate
Permit -
Cancelled
7/1/2026 -
7/31/2026
Monthly Permit Report
Page: 1 of 2
Item: G-6
Project Cost
$1,000
$2,000
$20,000
$5,000
$9,400
$17,000
$16,588
$40,672
$1,000
$25,713
$3,200
$3,200
$3,800
$148,573
8/5/2026
Page: 2 of 2
Item: G-7
CITY OF CORNING
WASTEWATER OPERATION SUMMARY REPORT
JULY 2026
Below is a summary of the Monthly Operations Report that will be available for City review on August 2026
1) Completed monthly reports.
2) Held staff meeting to discuss facility operations and issues 3) Held safety tailgate meeting
4) Completed annual stormwater report
5) Submitted biosolids sample for review
6) Changed chart on So3 analyzer.
7) CPM on site to begin replacement of fresh water well pump 8) Inspected eyewash and emergency showers.
9) Calibrated SO3 analyzer
10) Collected samples for Q3 acute toxicity test
11) Cleaned SO2 pump
12) Exercised lift station stand –by pump
Item: G-7
13) Exercised emergency generator.
14) Submitted monthly ESMR and DMR
16) Completed monthly test on chemical leak detectors.
17) Completed monthly receiving water sampling and lab test 18) Completed monthly facility inspection.
19) Cleaned trouble spots in collection system
20) Replaced belts on #1 influent screw pump
21) Completed EQ basin cleaning
22) Dalton Smith from Azuria on site to perform PLC inspection 23)Met with Valley Prune to discuss sampling and notification schedule July 2026
Domestic Treated Flow Monthly Average = 544,382 GPD
ITEM NO: I-1
PROPOSED TENTATIVE PARCEL MAP
2026-02 MAP TO SPLIT PARCEL 073-
020-076 INTO TWO PARCELS.
August 11, 2026
TO: CITY COUNCIL OF THE CITY OF CORNING
FROM: CHRISTINA MEEDS, PLANNER II
BRANT MESKER, CITY MANAGER
PROJECT DESCRIPTION & LOCATION:
Jerry Martini has applied to the City to split a parcel known as APN: 073-020-076 located on McLane Ave. On July 21st, 2026 at a Public Hearing of the City of Corning Planning Commission it was voted in a 4-0 vote to recommend the City Council approve Tentative Parcel Map 2026-02.
GENERAL PLAN LAND USE DESIGNATION:
Residential
ZONING DESIGNATION:
R-1-10
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
The California Environmental Quality Act Guidelines provide for the exemption of certain minor projects that meet all conditions of the General Plan and Zoning Code and have access to existing City streets and utilities. The Guidelines qualify such exemption, however, by requiring the City to ensure that the development of the Project will not have a "cumulative negative impact" upon the environment or surrounding properties. Many of the proposed Conditions on this Project are contained in existing City Codes. With several additional Conditions of Development, this Project will not have an adverse impact upon the environment or the surrounding properties.
DISCUSSION:
Pursuant to Section 16.09.010 (E) of the Corning Municipal Code (CMC) “the Planning Commission of the City shall act as the advisory agency to the City Council. It is charged with making investigations and reports on the design and improvements of proposed divisions of land. The Planning Commission shall make investigations and conduct hearings regarding the approval of tentative maps and make its written report on the Tentative Map directly to the City Council.” Final approval, including establishing design standards for public improvements, of a Tentative Parcel Map is the responsibility of the City Council pursuant to Section 16.09.010 (F) of the CMC.
CONSISTENCY WITH GENERAL PLAN & ZONING:
The Site is designated Residential on the General Plan Land Use Map. Current zoning is R-1-10 Single Family 10,000 square feet.
Staff recommend the following three (3) Factual Sub findings & Legal Findings for consideration by the Commission.
Factual Sub finding #1:
A Notice of Exemption will be filed with the Tehama County Clerk & Recorder and on the CEQA Submit Site.
Legal Finding #1:
The granting of Tentative Map 2026-02 is a minor land division and therefore exempt from CEQA pursuant to Section 15315, Class 15.
Factual Sub finding #2:
Municipal water and sewer services will continue serving the resultant parcel pursuant to Proposed Tentative Map 2026-02.
Legal Finding #2:
There will be no conflicts with City Water and Sewer Services for the resultant parcel of Proposed Tentative Map 2026-02.
Factual Sub finding #3:
A Registered Professional Surveying firm, Precision Surveying., prepared the Tentative Parcel Map 2026-02.
Legal Finding #3:
The City accepts this map depicting the existing and proposed property boundaries but makes no attempt to certify either title or accuracy of the attached drawing.
ACTION
MAKE A MOTION TO ADOPT THE 3 FACTUAL SUBFINDINGS AND LEGAL FINDINGS AND 1 CONDITION AS PRESENTED IN THE STAFF REPORT AND APPROVE TENATATIVE PARCEL MAP 2026-02.
OR
MAKE A MOTION TO DENY TENTATIVE PARCEL MAP 2026-02.
RECOMMEND CONDITIONS
CONDITION #1
Dedication of 30 feet in front of Parcel 2 as City Right of way.
S 89°13'40" E
117.00'
10' SEWER LATERAL
EASEMENT
shed
shop
0.90 ACRES
PARCEL 2
N 00°03'09" W
26'
S 89°13'40" E
DIVERSADERO AVENUE
N 00°03'09" W 332.70'
00'
662.63'
N 00°03'09" W
N 89°13'40" W
S 89°11'36" E
200.00'
272.91'
234.00'
989.55'
117.00'
APN 073-020-075
shed
LOT 3
(2023-004611)
313.32'
APN 073-020-036
ELLER DRIVE
MARGUERITE AVENUE
LOT 2
(2023-004610)
N 00°03'09" W
N 00°03'09" W
N 00°03'09" W 330.00'
270.01'
330.00'
house
conc
0.89 ACRES
PARCEL 1
S 89°13'40" E
82.61'
139.74'
117.00'
199.61'
McLANE AVENUE
30'
N 00°05'04" W 663.23'
APN 073-020-077
LOT 1
(2023-004609)
N 00°03'09" W 350.00'
285.43'
1318.68'
30' STRIP OFFERED
FOR DEDICATION 10'
34.39'
100 0 100 200 300 400
SCALE SHEET
APN 073--020-076
RESIDENTIAL
Leslie W Coke
CITY SERVICE
DATE
1165 HOFF WAY #204, ORLAND, CALIFORNIA 95963 530-865-4194
PRECISION SURVEYING
Martini.PCS
06-24-2026 JUNE, 2026 1" = 100' 1 OF 1
PROPOSED USE
A PORTION OF PARCEL A PER 2 PM 52
LOT 2 PER LLA 2023-01
AND A PORTION OF LOTS 3 AND 4,
BLOCK 16, PER "A" MAPS 33
CITY OF CORNING
TEHAMA COUNTY, CALIFORNIA
JERRY AND BEVERLY MARTINI
TENTATIVE PARCEL MAP
SEWAGE DISPOSAL
DOMESTIC WATER
SOLANO STREET
115 McLANE AVENUE
CORNING, CA 96021
CITY SERVICE
JERRY AND BEVERLY MARTIN
P.O. BOX 85
CORNING, CA 96021
530-586-2698I
OWNER AND SUBDIVISER
LESLIE W. COKE
PLS 5712
R O E Y V R U S D
A L L A N
O N I S S E F O R P
AI N R F O
O F C A L I
E T A T S
PROJECT
LOCATION
DIVISADERO AVE
1ST ST
NORTH ST
MARGUERITE AVE
OREN AVE
McLANE AVE
BLACKBURN AVE
ITEM NO.: J-1
AUTHORIZE STAFF TO SEEK BIDS FOR
THE LENNOX SOCCER FIELD
REHABILITATION PROJECT
AUGUST 11, 2026
TO: HONORABLE MAYOR AND COUNCIL
FROM: BRANT MESKER, CITY MANAGER
ELIJAH STANLEY, PUBLIC WORKS DIRECTOR
SUMMARY:
The soccer fields at Lennox Field have experienced deterioration due to poor soil conditions and heavy use. To improve the safety, playability, and overall condition of the fields, staff has developed a rehabilitation project that will restore healthy turf and provide a durable playing surface for the community.
Following concerns from the community regarding the playing conditions of the Lennox Field soccer fields, City staff met with representatives from the local recreation soccer league to discuss potential improvements. During those discussions, Corning Youth Soccer expressed its support for the project and agreed to contribute $10,000 toward the rehabilitation of the fields. This partnership will help offset project costs while improving the safety and playability of the facility for the community.
The proposed work includes an irrigation system inspection, installation of approximately two inches of topsoil and soil amendments, application of selective herbicide to eliminate weeds and clover, hydroseeding of approximately 100,000 square feet, a 60-day maintenance period to establish the new turf, and a one-year warranty. Irrigation repairs, if necessary, will be performed only upon authorization by the City and compensated on a time-and-material basis.
The bid documents are attached for the Council's review and consideration.
FINANCIAL:
During the Fiscal Year 2026–2027 budget process, staff allocated $105,000 for the rehabilitation of the soccer field at Lennox Park. In addition, Corning Youth Soccer contributed $10,000 toward the project, demonstrating its commitment to improving the facility for the community.
RECOMMENDATION:
MAYOR AND COUNCIL:
• AUTHORIZE STAFF TO SEEK BIDS AND APPROVE THE PROJECT
SPECIFICATIONS FOR THE LENNOX SOCCER FIELD REHABILITATION PROJECT.
BID PACKET
CITY OF CORNING
CITY OF CORNING
LENNOX FIELD SOCCER FIELD
REHABILITATION PROJECT
BIDS DUE ON OR BEFORE:
2:00 P.M.
2, SEPTEMBER 2026
CONTENTS TOTAL PAGES
NOTICE TO CONTRACTORS....................................................................................................1 PROJECT DESCRIPTION..........................................................................................................1 BIDDING REQUIREMENT SUMMARY.......................................................................................1 PROPOSAL BID FORMS ...........................................................................................................6 NON COLLUSION AFFIDAVIT ...................................................................................................1 BIDDERS BOND.........................................................................................................................3 AGREEMENT .............................................................................................................................5 PERFORMANCE BOND.............................................................................................................3 LABOR AND MATERIAL PAYMENT BOND ...............................................................................3 GENERAL CONDITIONS .........................................................................................................36 SUPPLEMENTARY CONDITIONS .............................................................................................5 SPECIFICATIONS......................................................................................................................9 SITE MAP...................................................................................................................................1
NOTICE TO CONTRACTORS
NOTICE IS HEREBY GIVEN that City of Corning, will receive bids for the CITY OF CORNING LENNOX FIELD SOCCER FIELD REHABILITATION PROJECT.
Bids shall be submitted on forms included in the Bid Packet. Copies of the Bid Packet and the drawings may be obtained from the City website at www.corning.org.
Copies are on file and open to public inspection at City Hall at 794 Third Street, Corning, CA 96021.
Bids must be received at City Hall, 794 Third Street, Corning, CA 96021 not later than 2:00 P.M. on September 2, 2026, at which time the Project Coordinator will open said bids. Bids shall be submitted in sealed envelopes and marked in the upper left-hand corner, “CITY OF CORNING LENNOX FIELD SOCCER FIELD REHABILITATION PROJECT”, together with the name and address of the bidder. The bids will be opened and read publicly and bidders or their agents are invited to be present.
Any request for explanation or interpretation of the Bid Documents must be made in writing not later than 5:00 p.m. on Wednesday, August 26, 2026. All requests shall be made by email to [email protected] with a subject line of CITY OF CORNING LENNOX FIELD SOCCER FIELD REHABILITATION PROJECT. Any explanation or interpretation will be made in the form of Addenda to the Contract Documents. All Addenda will be uploaded to CIPList.com and to the City of Corning website at www.corning.org. It will be the bidder’s responsibility to verify that they have received all Addenda’s. Bidders shall submit signed copies of all Addenda with their Proposals. Oral explanations and interpretations will not be binding.
There will be a non-mandatory pre-bid walk-thru on Monday, August 24, at 1:30 p.m., on site, at 1624 Houghton Ave, Corning, CA 96021.
Pursuant to Section 1770 and following of the Labor Code, the Contractor for the work will be required to pay, at least, the general prevailing wage rates as determined by the Director of the Department of Industrial Relations of the State of California. Questions or wage rates pertaining to the general prevailing wage should be directed to the Division of Labor Statistics and Research, P.O. Box 420603, San Francisco, CA 94142-0603 or http://www.dir.ca.gov/DLSR/PWD/TEH.xls Bid bond, labor and material bond and performance bonds are required. The City reserves the right to reject any and all bids and waive any informalities or irregularities in the bidding. Each bidder must be appropriately licensed in the State of California and registered with the Department of Industrial Relations for this project as required by law.
PURCHASING AGENT, BRANT MESKER
By: CITY MANAGER
Publish in the Red Bluff Daily News on August 14, 2026, and August 21, 2026. Send proof of publication and invoice to: City Hall, 794 Third Street, Corning, CA 96021. Prior to publication, please email proof to [email protected]
PROJECT DESCRIPTION
CITY OF CORNING LENNOX FIELD SOCCER FIELD REHABILITATION PROJECT The work consists of furnishing all labor, materials, equipment, and incidentals necessary to prepare and hydroseed approximately 100,000 square feet of soccer field. Work includes an irrigation system inspection, authorized irrigation repairs on a time-and-material basis, installation of 2 inches of topsoil and soil amendments, weed and clover control, site cleanup, a 60-day maintenance period, and a oneyear warranty.
This is only a summary. See entire project documents for full scope of the project.
Bidding Requirement Summary
BIDDING REQUIREMENT SUMMARY
1. PROJECT TITLE: CITY OF CORNING LENNOX FIELD
SOCCER FIELD REHABILITATION
PROJECT
2. PROJECT LOCATION: 1624 Houghton Ave, Corning, CA 96021
3. BID OPENING DATE: Wednesday, September 2, 2026 at 2:00 p.m.
4. BID PLACE: City Hall, 794 Third Street, Corning, CA
96021
5. NON-MANDATORY PRE-BID MEETING
PLACE:
August 24, 2026 @ 1:30 p.m.
1624 Houghton Ave, Corning, CA
6. BID SECURITY: 10% of maximum amount of bid
7. CONSTRUCTION TIME PERIOD: 20 Working Days
8. LICENSE REQUIREMENTS: C27
9. LIQUIDATED DAMAGES: $500 per day
10. LABOR AND MATERIALS PAYMENT
BOND:
100% of the total bid
11. PERFORMANCE BOND: 100% of the total bid
12. PREVAILING WAGE RATES: Yes
13. BID VALID FOR: 60 days
14. NON-REFUNDABLE DEPOSIT FOR
CONTRACT DOCUMENTS:
N/A
15. ESTIMATE OF CONSTRUCTION
COSTS:
$100,000
16. ISSUED CONSTRUCTION
DOCUMENTS:
Publicpurchase.com
Corning.org
PROPOSAL BID FORMS
CITY OF CORNING
City of Corning
Corning, CA
The undersigned bidder, in accordance with the Notice to Contractors, hereby proposes and agrees to furnish any and all services necessary to perform all Work required by the Contract Documents for the:
CITY OF CORNING LENNOX FIELD SOCCER FIELD REHABILITATION PROJECT including, but not limited to, furnishing all required labor, materials, taxes, permits, insurance, bonds, transportation, scaffolding, equipment, facilities, utilities, and incidentals.
If awarded the Contract, the undersigned hereby agrees that within five (5) working days after receipt of the Contract from the City, he will sign the Contract in the required form, of which the Notice to Contractors, Proposal, Bid Forms, Bonds, General and Supplementary Conditions, Drawings, Specifications, and all Addenda issued prior to the opening of bids, are a part.
The undersigned agrees to complete all work required under the Contract within 20 working days and accept in full payment the price named in the Bid Proposal, which is bound herein and made a part of this proposal.
The undersigned declares that he has carefully checked all of the figures submitted on the Bid Proposal and understands that the City will not be responsible for errors or omissions on the part of the undersigned in making up this bid.
Bidder hereby certifies that the Bidder has reviewed and understands the insurance coverage requirements and bonding requirements, as specified in the General Conditions, Article 5 – Bonds and Insurance. Should the Bidder be awarded the contract for the work, Bidder further certifies that the Bidder can meet the specified requirements for bonding and insurance, including insurance coverage of the subcontractors, and agrees to name the City of Corning, its elected officials, officers, and employees as additional insured for the work specified. The undersigned agrees to secure the required insurance and bonds and submit them prior to or concurrent with the return of the signed Contract.
Accompanying this proposal is a "Cashier’s Check", "Certified Check" or "Bidder’s Bond", as the case may be, in an amount equal to at least ten percent (10%) of the total of the bid.
Name (print) Representing (Firm)
Signature
Title
Taxpayer I.D. No.
Business Address
Contractor’s License No.
Department of Industrial Relations (DIR) Registration No.
Receipt of the following Addenda is hereby acknowledged:
Addendum No. Bidder’s Initials
Addendum No. Bidder’s Initials
Addendum No. Bidder’s Initials
PROPOSAL FOR
CITY OF CORNING LENNOX FIELD SOCCER FIELD REHABILITATION PROJECT The undersigned bidder hereby proposes and agrees to furnish any and all services necessary to perform all Work required by the Contract Documents:
Bid:
Furnish all labor, materials, taxes, insurance, bonds, transportation, equipment, facilities, utilities, and incidentals for the “City of Corning Lennox Field Soccer Field Rehabilitation Project” for the sum as listed below.
City of Corning - Lennox Field Turf Project
Bid
Item
No.
Description Unit Estimated
Quantity Unit Price
1 Hydroseed for Soccer Field SF 100000
2 Irrigation System Inspection and Check LS 1
3 Irrigation Repairs (Time & Materials) $/HR
4 Furnish and Install 2-inch Topsoil and Soil Amendments over approximately 100,000 SF CY 620
5 Apply selective herbicide to control existing weeds and clover throughout the project area LS 1
6 Site Cleanup Following Herbicide Application: LS 1
7 Sixty (60) Day Establishment and Maintenance Period LS 1 8 One (1) Year Warranty LS 1
TOTAL:
TOTAL BID AMOUNT: (Bid will be awarded based on total bid amount) dollars
(written numbers)
$
(figures)
Bidder
Date
Note: Pursuant to Corning Municipal Code Section 3.12.092, the City may apply a five percent (5%) local vendor preference for purposes of bid comparison when determining the lowest responsible bidder. The preference is used for evaluation purposes only, shall not exceed a maximum value of one hundred fifty thousand dollars ($150,000), and does not reduce the actual contract amount awarded.
CITY OF CORNING LENNOX FIELD SOCCER FIELD REHABILITATION PROJECT
LIST OF SUBCONTRACTORS
Pursuant to Public Contract Code 4104, the undersigned bidder shall list the name and location of business of each Subcontractor who will perform work, labor or service to the bidder under this Contract in excess of one-half of one percent (1/2%) of the total amount shown in the bid, and shall also list the item or portions of the Work which will be done by such Subcontractor for any item or portion of Work to be performed.
LIST OF SUBCONTRACTORS:
All blanks below must be completed for each subcontractor. Failure to do so may cause your bid to be declared nonresponsive:
Subcontractor
Name:
Location of place of business:
License No.
DIR No.
Work to be done:
Subcontractor
Name:
Location of place of business:
License No.
DIR No.
Work to be done:
Subcontractor
Name:
Location of place of business:
License No.
DIR No.
Work to be done:
Subcontractor
Name:
Location of place of business:
License No.
DIR No.
Work to be done:
Subcontractor
Name:
Location of place of business:
License No.
DIR No.
Work to be done:
Subcontractor
Name:
Location of place of business:
License No.
DIR No.
Work to be done:
Subcontractor:
Name:
Location of place of business:
License No.
DIR No.
Work to be done:
No Contractor may perform work on a public works project with a Subcontractor who is ineligible to perform work on a public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code.
CITY OF CORNING LENNOX FIELD SOCCER FIELD REHABILITATION PROJECT
INFORMATION REQUIRED OF BIDDERS
The bidder is required to supply the following information.
1. Firm Name
2. Representative
3. Title
4. Business Address
6. Telephone Cell # Fax #
7. Email Address
8. California Contractors License(s):
No(s). Type(s)
9. California Department of Industrial Relations Registration No.
City of Corning
NON-COLLUSION
AFFIDAVIT CITY OF
CORNING
TO BE EXECUTED BY THE BIDDER AND SUBMITTED WITH THE BID To: City of Corning
State of
California
deposes and says that he or she is (title) of
, the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true and further, that the bidder has not directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. (The above certificate must be signed and filed with the City along with the bid) Signed Date
BIDDER'S BOND
(Public Contract)
KNOW ALL MEN BY THESE PRESENTS: That as Principal (herein called "Principal") and as surety _(hereinafter called "Surety" are held and
firmly bound unto the City of Corning (herein called the "Obligee"), in the just and full sum of ten percent (10%) of the total amount of the base bid submitted by Principal for the herein described work of improvement, which sum is Dollars ($ _) lawful money of the United
States of America, for the payment of which, well and truly to be made, we hereby bind ourselves and our, and each of our, heirs, executors, administrators, successors, and assigns, jointly and severally firmly by these presents.
WHEREAS, Principal is bidding, or is about to bid, for the following described work of improvement, all in accordance with the Notice to Contractors and the Contract Documents for the project entitled:
CITY OF CORNING LENNOX FIELD SOCCER FIELD REHABILITATION PROJECT NOW, THEREFORE, THE CONDITION OF THE OBLIGATION IS SUCH THAT, if Obligee shall make an award to Principal for said work of improvement according to the terms of such bid, and Principal shall duly execute, or cause to be executed, and delivered to Obligee the Contract, bonds, and evidence of insurance coverage as, and within the time, required by the Contract Documents for the above-named project, which Contract Documents are incorporated herein by this reference, then this obligation shall be null and void; OTHERWISE, it shall remain in full force and effect, and if Obligee shall make such an award to Principal and Principal shall fail to execute, or caused to be executed and delivered to Obligee said instruments as required by the Contract Documents, then surety will pay Obligee the full sum of the bond.
No extension of time granted to the Principal and no change or alteration in any of the terms of the bid or bid requirement, whether made after notice or not, shall release or otherwise affect the obligations of Surety hereunder, and Surety waives notice of any such extension, change, or alteration. Surety, by the execution of this bond, represents and warrants that this bond has also been duly executed by Principal with proper authority, and Surety hereby waives any defense which it might have by reason of any failure of Principal to execute or properly execute this bond.
In the event suit is brought upon this bond by Obligee and judgment is recovered by Obligee, court costs, including reasonable attorneys' fees, shall be an additional obligation of this bond for which Principal and Surety shall be liable.
Signed and sealed the day of , 20 .
PRINCIPAL (Notary Certificate Attached) SURETY (Notary Certificate Attached) NOTE TO SURETY COMPANY: The following form of acknowledgment should be used. If any other form of acknowledgment is used, there must be submitted a certified copy of unrevoked resolution of authority for the attorney-in-fact.
NOTARY ACKNOWLEDGMENT
STATE OF )
CITY OF )
On , before me, , a Notary Public in
Name of Notary Public
and for said State, personally appeared ,
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal
(SEAL)
Signature of Notary Public
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
NOTARY ACKNOWLEDGMENT
STATE OF )
CITY OF )
On , before me, , a Notary Public in
Name of Notary Public
and for said State, personally appeared ,
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal
(SEAL)
Signature of Notary Public
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
AGREEMENT FORM
THIS AGREEMENT, entered into as of , 2026, is between the City of Corning, a public entity, organized and existing pursuant to the laws of the State of California (hereinafter called the "CITY") and , (hereinafter
called the "Contractor"),
WHEREAS, the Contractor has been awarded the contract for the work hereafter mentioned:
“City of Corning Lennox Field Soccer Field Rehabilitation Project” WITNESSETH:
That the parties hereto mutually agree to the terms and conditions hereinafter set forth.
I. CONTRACT DOCUMENTS
The Items hereinafter enumerated as the Contract Documents shall form a part of this Contract and the provisions thereof shall be as binding upon the parties hereto as if they were herein fully set forth.
Work called for in any one Contract Document and not mentioned in another is to be performed and executed the same as if mentioned in all Contract Documents, the table of contents, titles, and headings contained herein and in said documents are solely to facilitate reference to various provisions of the Contract Documents and in no way affect or limit the interpretations of the provisions to which they refer.
The "Contract Documents", sometimes also referred to as the Contract, consist of the completed Form of Proposal submitted by the Contractor to whom the Contract is awarded, the Instructions to Bidders insofar as they relate to events which will occur or actions to be taken after the submission of the Proposal, this Agreement to which the General Conditions are attached, the General Requirements, the Supplementary Conditions, the Drawings and Specifications and any modifications of any of the foregoing in the form of addenda or otherwise effected in accordance with the terms of the Contract.
The sections of the CITY's Specifications and the titles of the Drawings, with their assigned numbers and their date of issue, are listed in the Contract Documents.
II. DEFINITIONS
Unless otherwise specifically provided herein, all words and phrases defined in the General Conditions shall have the same meaning and intent in this Agreement. SCOPE OF THE CONTRACT The Contractor shall perform, within the time stipulated, the Contract as herein defined, and shall furnish all labor, tools, equipment, apparatus, facilities, labor and material and transportation necessary to perform and complete in a good workmanlike manner to the satisfaction of the CITY, all the work called for, and in the manner designated in, and in strict conformity with, the Contract Documents entitled:
“City of Corning Lennox Field Soccer Field Rehabilitation Project”
III. CONTRACT PRICE
BASE BID PRICE:
The CITY agrees to pay and the Contractor agrees to accept, in full payment for the work included in the bid for the sum of:
($ ).
(spell out) (figures
In the event that the City issues a change order for work not covered by the contract documents, Contractor’s compensation for that change order shall be determined in accordance with the “Unit Price” rates set forth on page 3 of Contractor’s “Proposal Bid Forms”.
IV. CONTRACT TIME, COMPLETION, AND CHANGES
A. Notice to Proceed
Within 60 days of the opening of bids the successful low bidder will be authorized by written notice to proceed with the work. The bidder shall have no claim against the CITY, or its officers, employees, agents, consultants, project manager or architect because of failure to issue the Notice to Proceed.
B. Commencement and Prosecution of Work
The Contractor shall commence the work on or before 10 days from and after the date specified in the written "Notice to Proceed," and will diligently prosecute the work to final completion. Said Notice to Proceed shall be issued following execution of the Agreement, the filing by the Contractor of the required bonds and proof of insurance. The continuous prosecution of work by the Contractor shall be subject only to delays as defined in this section of this Agreement.
C. Time of Completion
The entire work shall be brought to substantial completion in the manner provided for in the Contract Documents in a period of 20 working days from and after the date assigned in the Notice to Proceed.
The date, 20 working days from and after the date of the Notice to Proceed shall be hereinafter called the "Estimated Completion Date" unless extensions of time are granted in accordance with the Contract Documents for Category A or B Delays as defined in this section of this Agreement.
Failure to substantially complete the work within the above times and in the manner provided for by the Contract Documents shall subject the Contractor to liquidated damages as hereinafter stipulated in this Agreement. Time is and shall be of the essence in these Contract Documents.
D. Changes in the Work
Changes in the work made and extensions of time of completion made necessary by reason thereof shall not in any way release any guarantee given by the Contractor pursuant to the provision of the Contract Documents, or the contract let hereunder, nor shall such changes in the work relieve or release the Sureties on bonds executed pursuant to the said provisions. The Sureties, in executing such bonds, shall be deemed to have expressly agreed to any such change in the work and to any extension of time made by reason thereof. The CITY agrees that no changes in the work shall be ordered which will necessitate an extension of the substantial completion time beyond the fixed completion date.
E. Extensions of Time
In the event it is deemed necessary by the CITY to extend the time of substantial completion of the work to be done under this contract beyond any required dates of completion herein specified, such extensions shall in no way release any guarantee given by the Contractor pursuant to the provisions of the Contract Documents, or the contract let hereunder, nor shall such extension of time relieve or release the sureties on the bonds executed pursuant to said provisions. The sureties in executing such bonds shall be deemed to have expressly agreed to any such extension of time. The amount of time allowed in any Extension of Time shall be limited to the period of the delay-giving rise to the same as determined by the CITY.
F. Prevailing Wages
Pursuant to Section 1770 et seq. of the Labor Code the Contractor for the work will be required to pay, at least, the general prevailing wage rates as determined by the Director of the Department of Industrial Relations of the State of California. Questions pertaining to the general prevailing wage rates should be directed to the Division of Labor Statistics and Research, P.O. Box 603, San Francisco, CA 94101,
Ph. (415) 703-4774.
G. Category A Delays
For the purpose of these Contract Documents, the term "Category A Delays" shall mean, and is limited to, delays caused directly by acts of God; acts of the public enemy; fire, riots, insurrections; epidemics; quarantine restrictions; strikes; lockouts; sit- downs; acts of a governmental agency; priorities or privileges established for the manufacture, assembly or allotment of materials necessary in the construction of the work by order, decree or otherwise of the United States or by any department, bureau, commission, committee, agent, or administrator of any legally constituted public authority; changes in the work ordered by the CITY insofar as they necessarily require additional time in which to substantially complete the work; the prevention by the CITY of the Contractor from commencing or prosecuting the work because of the acts of others, excepting the Contractor's subcontractors; or the prevention of the
Contractor from commencing or prosecuting the work because of a city-wide failure of public utility service.
Inclement weather shall not be a prima facie reason for the granting of an extension of time, and the Contractor shall make every effort to continue work under prevailing conditions. The CITY may, however, grant an extension of time if an unavoidable delay as a result of inclement weather in fact occurs, and such shall then be classified as a "Category A Delay".
The term "Category A Delay" shall specifically not include (i) any delay which could have been avoided by the exercise of care, prudence, foresight and diligence on the part of the Contractor; (ii) any delay in the prosecution of parts of the work, which may in itself be unavoidable but which does not necessarily prevent or delay the prosecution of other parts of the work, nor substantial completion of the whole work within the time specified; (iii) any reasonable delay resulting from time required by the CITY for review of plans submitted by the Contractor and for the making of surveys, measurements and inspection; and (iv) any delay arising from an interruption in the prosecution of the work on account of the reasonable interference from other contractors employed by the CITY which does not necessarily prevent the completion of the whole work within the time specified.
H. Category B Delays
For the purposes of these Contract Documents, the term "Category B Delays" shall mean delays caused directly by loss or damage to the project caused by the perils covered by the Builder's Risk insurance provided for by the Agreement or by any war declared by an enactment of the Congress of the United States of America.
VI LIQUIDATED DAMAGES
The provisions for Liquidated Damages appearing in the General Conditions, Article 12, are incorporated by reference as if fully set forth herein. Liquidated damages of $1,000.00 per day will be charged the Contractor for each day of delay beyond the substantial completion date.
VII NOTICE OF DELAY
The Contractor shall promptly notify the CITY in writing of any anticipated delay in the prosecution of the work, and, in any event, promptly upon the occurrence of a delay. Said notice shall constitute an application for an extension of contract time only if it is in compliance with the provisions of Article
12. Failure by the Contractor to make a timely request will result in a waiver of the right to such extension. Contractor shall take notice of General Conditions, Article 12, affecting the time period in which to claim an extension of the contract time for physical conditions and limitations set forth in the General Conditions, Article 12. The CITY may take steps to prevent the occurrence of continuance of the delay and/or may determine to what extent the completion of the work is delayed thereby.
VIII NO WAIVER OF RIGHTS
Neither the inspection by the CITY or its agents, nor any order or certificate for the payment of money, nor any payment for, nor acceptance of the whole or any part of the work by the CITY, nor any extensions of time, nor any position taken by the CITY or its agents shall operate as a waiver of any provision of this Contract, or of any power herein reserved to the CITY or any right to damage herein provided, nor shall any waiver of any breach of this Contract be held to be a waiver of any other or subsequent breach. All remedies provided in this Contract shall be taken and construed as cumulative, that is in addition to each and every other remedy herein provided; and the CITY shall have any and all equitable and legal remedies which it would in any case have.
IX AGREEMENT CONTROLS
In the event of a conflict between the Contract Documents, the conflict shall be resolved by giving precedence in the following order: (1) This Agreement Form; (2) the General Conditions and General Requirements; (3) the Supplementary Conditions; (4) the Notice to Contractors; (5) the Technical Specifications text.
CERTIFICATION
CITY:
BY:
City Manager
CONTRACTOR
BY:
Contractor
Approved as to form:
DATED
DATED
City Counsel
Performance Bond
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS: That, WHEREAS, the CITY OF CORNING (hereinafter called “City”), has conditionally awarded to (here insert full name and address or legal title of Contractor)
As Principal (hereinafter called “Contractor”) a Contract for the CITY OF CORNING LENNOX FIELD SOCCER FIELD REHABILITATION PROJECT, in the said City of Corning, in accordance with and consisting in part of plans and specifications prepared by the City of Corning, at 794 Third Street, Corning, CA 96021 which Contract also consists of all other parts of the Contract Documents for said project, which Contract is made a part hereof by reference, and is hereinafter referred to as the Contract, and WHEREAS said Contractor is required under the terms of said Contract to furnish a bond for the Faithful Performance of said Contract, NOW, THEREFORE, we the Contractor and (here insert full name and address or legal title of Surety)
as Surety (hereinafter called “Surety”) are held and firmly bound unto City of Corning, California (hereinafter called “City”) in the sum of
Dollars ($ ), in
lawful money of the United States, for the payment of which sum well and truly to be made Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, unless the above bounden Contractor, his heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and will and truly keep and perform the covenants, conditions and agreements in additions or alterations thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, Architect and their employees and their consultants, and their agents, as therein stipulated, then this obligation shall be null and void; otherwise it shall remain in full force and effect.
Contractor agrees not to assign this Contract except upon the written consent and approval of the City or their successor and assigns.
And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the specifications.
Performance Bond
The Principal and Surety do hereby represent, warranty and guarantee, that the Surety is an “Admitted surety” as that term is, or may be, defined by California statute, regulation or the Department of Insurance.
IN WITNESS THEREOF, the above bounden parties have executed this instrument under their several seals this day of , 20 ,
the name and corporate seal of each corporate party being affixed hereto and these presents duly signed by its undersigned representatives, pursuant to its governing body.
SIGNED AND SEALED THIS day of , 20 .
Print name of Contractor
By
Signature
Title of Signer
Surety Name
By Attorney-in-Fact
(Acknowledgment by Notary Public required)
Title
(SURETY SEAL)
NOTE TO SURETY COMPANY:
The following form of acknowledgment shall be used. If any other form of acknowledgment is used, there must be submitted a certified copy of unrevoked resolution of authority for the attorney-in-fact for each bond issued.
Performance Bond
NOTARY ACKNOWLEDGMENT
STATE OF CALIFORNIA )
) ss.
CITY OF CORNING) )
On , before me, , a
Name of Notary Public
Notary Public in and for said State, personally appeared , Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal
(SEAL)
Notary Public
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
Labor and Material Payment Bond
LABOR AND MATERIAL PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the CITY of CORNING has awarded to (here insert the full name and address or legal title of Contractor)
hereinafter called “Contractor” a Contract for the CITY OF CORNING LENNOX FIELD SOCCER FIELD REHABILITATION PROJECTin the said City of Corning, in accordance with and consisting in part of plans and specifications prepared by the City of Corning, which Contract also consists of all other parts of the Contract Documents for said project, which Contract is made a part hereof by reference, and is hereinafter referred to as the Contract, and WHEREAS said Contractor is required under the terms of said Contract to furnish a bond in connection with said contract, providing that if said Contractor, or any of his subcontractors, shall fail to pay for any materials, provisions, pro vendor or other supplies, or equipment used, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, then the Surety on this Bond will pay for the same in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought upon the Bond, a reasonable attorney’s fee to be fixed by the Court.
NOW, THEREFORE, we the Contractor and (here insert full name and address or legal title of Surety)
as Surety (hereinafter called “Surety”) are held and firmly bound unto the City of Corning, California (hereinafter called “City”) in the sum of Dollars ($ ), in lawful
money of the United States, for the payment of which sum, well and truly to be made, Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if said Contractor, his heirs, executors, administrators, successors or assigns, or his subcontractors, shall fail to pay for any materials, provisions, provender or other supplies, or equipment used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or shall fail to pay any other amount due to any person named in Section 9100 of the Civil Code, or shall fail to pay any amounts due under the Unemployment Insurance Act with respect to such work or labor performed by any such person, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his/her subcontractors pursuant to Section 18664 of the Revenue and Taxation Code, with respect to such work and labor, then the Surety on this Bond will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought upon this Bond, a reasonable attorney’s fee to be fixed by the Court.
This Bond shall insure to the benefit of any and all persons, companies, corporations, political subdivisions and State agencies, entitled to file claims under the provisions of Section 9100 of the Civil Code of the State of California, as now in effect and as the same may be amended or superseded from time to time, so as to give a right of action to them, or their assigns, if any suit is brought upon this Bond.
And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on Labor and Material Payment Bond
this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications.
The Principal and Surety do hereby represent, warranty and guarantee, the Surety is an “Admitted Surety” as that term is, or may be defined by California statute, regulation or the Department of Insurance.
IN WITNESS WHEREOF, the above bounden parties have executed this instrument under several seal this Day of , 20 . the name and corporate seal of each party being affixed hereto and the present duly signed by its undersigned representative, pursuant to authority of its governing body.
SIGNED AND SEALED THIS _ day of , 20 .
Print name of Contractor
By
Signature
Title of Signer
Surety Name
By Attorney-in-Fact
(Acknowledgment by Notary Public required)
Title
(SURETY SEAL)
NOTE TO SURETY COMPANY:
The following form of acknowledgment shall be used. If any other form of acknowledgment is used, there must be submitted a certified copy of unrevoked resolution of authority for the attorney-in-fact for each bond issued.
Labor and Material Payment Bond
NOTARY ACKNOWLEDGMENT
STATE OF CALIFORNIA )
) ss.
CITY OF CORNING) )
On , before me, , a
Name of Notary Public
Notary Public in and for said State, personally appeared , Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct.
WITNESS my hand and official seal
(SEAL)
Signature of Notary Public
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
GENERAL CONDITIONS
TABLE of CONTENTS
Article 1 - DEFINITIONS
Article 2 - PRELIMINARY MATTERS
Execution of Agreement
Delivery of Bonds
Copies of Documents
Contractor's Pre-start Representations
Commencement of Time; Starting the Project
Before Starting Construction
Article 3 - CORRELATION, INTERPRETATION, AND INTENT OF CONTRACT DOCUMENTS Article 4 - AVAILABILITY OF LAND, PHYSICAL CONDITIONS, AND REFERENCE POINTS Availability of Lands
Physical Conditions
Reference Points
Article 5 - BONDS AND INSURANCE
Contractor's Liability Insurance
Builders Risk Insurance
Performance, Payment and Other Bonds
Responsibility for Damage
Article 6 - CONTRACTOR'S RESPONSIBILITIES
Supervision and Superintendent
Verified Reports
Labor, Materials and Equipment
Substitute Materials or Equipment
Subcontractors
Patent Fees and Royalties
Permits
Laws and Regulations
Taxes
Use of the Premises
Record Drawings
Safety and Protection
Shop Drawings and Samples
Cleaning
Indemnification
Books and Records
Article 7 - WORK BY OTHERS
Article 8 - CITY’S RESPONSIBILITIES
Communications
Right to Stop work
Project Manager
Disputes Resolution
Disputed Work
Claims Submission and Documentation
Decisions on Claims Release of
Undecided Claims Exhaustion
Article 9 - ARCHITECT'S/ENGINEER’S STATUS DURING CONSTRUCTION Visits to the Site
Clarifications and Interpretations
Rejecting Defective Work
Shop Drawings and Samples
Limitations on Architect's/Engineer’s Responsibilities
Article 10 - CHANGES IN WORK
Article 11 - CHANGE OF CONTRACT PRICE
Contract Price
Force Account Payment
Contract Change Order Form
Article 12 - CHANGE OF THE CONTRACT TIME
Contract Time
Liquidated Damages
Article 13 - WARRANTY AND GUARANTEE;
TEST AND INSPECTIONS;
CORRECTION, REMOVAL OR
ACCEPTANCE OF DEFECTIVE WORK
Warranty and Guarantee
Tests and Inspections
Access to Work
Uncovering the Work City
May Stop the Work
Correction or Removal of Defective Work
One-Year Correction Period
Acceptance of Defective Work
Work Neglected by Contractor
Article 14 - PAYMENTS AND COMPLETIONS
Schedules
Application for Progress Payment
Contractor's Warranty of Title
Approval of Payments
Notice of Completion
Partial Utilization Final
Inspection
Final Application for Payment
Approval of Final Payment
Contractor's Continuing Obligation
Waiver of Claims
Price Reduction for Defective Cost or Pricing Data
Covenant Against Contingent Fees
Gratuities
Article 15 - SUSPENSION OF WORK AND TERMINATION
City May Suspend Work
City May Terminate
Article 16 - MISCELLANEOUS
Giving Notice
General
Article 17 - EQUAL OPPORTUNITY
Article 18 - STATE LAWS
ARTICLE 1 - DEFINITIONS
Whenever used in these General Conditions or in the other Contract Documents, the following terms have the meanings indicated which are applicable to both the singular and plural thereof:
1.1 Agreement - The written and signed contract between the City and the General Contractor that is entitled "Agreement."
1.2 Application for Payment - The form furnished by the City to be used by the Contractor in requesting progress payment. This includes the schedule of values and an affidavit of Contractor that progress payments received on account of the work have been applied by Contractor to discharge in full all of the Contractor's obligations as reflected in prior Applications for Payment and otherwise.
1.3 Architect - The person licensed by the State of California (architect or engineer) who is fully responsible for the Contract Drawings and Project Manual, Addenda and modifications.
1.4 Bid - The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the work to be performed.
1.5 Bidder - Any person, firm or corporation, licensed in the State of California, submitting a bid for the work.
1.6 Bonds - Bid, performance, and labor and material payment bonds and other instruments of security, including lien and stop-notice bonds, furnished by the Contractor and his Surety in accordance with the Contract Documents.
1.7 Calendar Day (or "Day") - A day of twenty-four hours measured from one midnight to the next midnight, Pacific time. Unless otherwise indicated, a "day" shall mean a calendar day.
1.8 Change Order - A written order, issued by the Project Manager to Contractor, signed by the Project Manager, Architect and City authorizing an addition, deletion or revision in the work, or an adjustment in the contract price or the contract time.
1.9 Contract Completion Date - The date established in the Contract Documents for the completion of the construction phase of the project, namely, the Estimated Completion Date and Fixed Completion Date.
1.10 Contractor - The person, firm or corporation with whom City has executed the Agreement and who is fully responsible for the performance of the work.
1.11 Contract Documents - The Agreement, Addenda, Contractor's Bid, the Bonds, and Notice of Award, these General Conditions, Supplementary Conditions, Specifications, Plans, Drawings and Modifications. The Contract Documents form the Contract for Construction. This Contract represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations, or agreements, either written or oral. The Contract may be modified or amended only by a Modification as defined in these General Conditions.
1.12 Contract Price - The total amount stated in the Agreement as payable to Contractor for the performance of the work under the Contract Documents, including authorized adjustmentsthereto.
1.13 Contract Time - The total amount stated in the Agreement for the completion of the work.
1.14 City – City of Corning, a public entity organized and existing pursuant to the laws of the State of California and the Owner of the Project.
1.15 Drawings - The drawings and/or plans which show the character and scope of the work to be performed, and which have been prepared or approved by the Architect and are referred to in the Contract Documents.
1.16 Field Order - A written order issued by the Project Manager which clarifies or interprets the Contract Documents in accordance with paragraph 9.2, or orders minor changes in the work in accordance with paragraph 11.3.
1.17 Furnish - To “supply and deliver to the Project site, ready for unloading, unpacking, assembly, installation, and similar operations.”
1.18 General Conditions - That part of the Contract Documents which sets forth many of the rights, responsibilities and relationships of the parties involved or of the contract.
1.19 General Requirements - The General Requirements are contained in Division 1 of the Specifications in these Contract Documents. The General Requirements are the administrative functions which the Contractor is bound to perform by the Contract.
1.20 Inspector - An authorized representative of the City of Corning who is assigned to make a detailed inspection of any or all portions of the work or materials thereof.
1.21 Install - Describes operations at project site including the actual “unloading, unpacking, assembly, erection, placing, anchoring, applying, working to dimension, finishing, curing, protecting, cleaning, and similar operations.”
1.22 Instructions to Bidders - That part of the Bidding Requirements which contain the format of the bid, and the availability of the Contract Documents.
1.23 Notice of Award - The written notification to the Contractor, from the Owner, of the Owner's intent to execute the Contract.
1.24 Notice to Bidders - A notice contained in the Bidding Requirements informing prospective bidders of the opportunity to submit bids on a project and setting forth the procedures for doingso.
1.25 Notice to Proceed - The written notice given by the City to Contractor fixing the date on which Contractor shall start to perform his obligations under the Contract Documents.
1.26 O.P.C.I. - Owner purchased/Contractor receives, stores, and installs.
1.27 Per - In accordance with or in compliance with.
1.28 Progress Payment - Payment for work completed by measuring the work in place and applying the percentage complete of the measured amount to a previously agreed unit cost to determine the total payment.
1.29 Project - The entire work to be performed as provided in the Contract Documents.
1.30 Project Manager - The authorized representative of City of Corning.
1.31 Project Manual - A part of the Contract Documents containing Introductory Information, Bidding Requirements, Contracting Requirements, Specifications, and Opening and Room Finish Schedules bound in one or more volumes.
1.32 Project Work Schedule - A diagram showing proposed times of starting and completing various elements of the work.
1.33 Provide - “To furnish and install, complete and ready for the intended use.”
1.34 Punch List - A list, made near the completion of work, indicating items to be furnished or work to be performed by the Contractor or Subcontractor in order to complete the work as specified in the Contract Documents.
1.35 Schedule of Values - A statement furnished by the Contractor to the Project Manager reflecting the portions of the contract sum allotted for the various parts of the work.
1.36 Shop Drawings - All drawings, diagrams, illustrations, brochures, schedules and other data which are prepared by the Contractor, a subcontractor, manufacturer, supplier or distributor and which illustrate in detail the equipment, material or some portion of the work.
1.37 Specifications - The portion of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the work.
1.38 Subcontractor - An individual, firm or corporation having a direct contract with the Contractor, or with any other subcontractor, for the performance of a part of the work.
1.39 Substantial Completion, Date of - The date as certified by the City in a Notice of Completion pursuant to paragraph 14.8 of these General Conditions.
1.40 Work - The completed construction in the manner required by the Contract Documents. This includes without limitation all labor, services, and supervision necessary or appropriate to produce such construction, all materials, supplies and equipment incorporated or to be incorporated in such construction, and all obligations, duties and responsibilities with respect to such construction set forth in the Contract Documents.
1.41 Working Day - Any day not a legal holiday, Saturday or Sunday.
ARTICLE 2 - PRELIMINARY MATTERS
2.1 Execution of Agreement:
2.1.1 The Agreement and such other Contract Documents as designated by the City, shall be executed in three counterparts and delivered by the Contractor to the City within fifteen (15) days of the Notice of Award. City will execute and deliver one counterpart to Contractor within ten (10) days of receipt of the executed Agreement from Contractor.
2.2 Delivery of Bonds:
2.2.1Prior to execution of the Agreements by the Contractor, Contractor shall deliver to City such Bonds as he is required to furnish in accordance with the Contract Documents.
2.3 Copies of Documents:
2.3. 1 City shall furnish to Contractor 5 copies of the Contract Documents for the execution of the work. Additional copies will be furnished at cost of reproduction upon request.
2.4 Contractor's Pre-Start Representations:
2.4.1 Contractor represents that he has familiarized himself with, and assumes full responsibility for having familiarized himself with, the nature and extent of the Contract Documents, work, locality and with all local conditions including federal, state and local laws, ordinances, rules and regulations that may in any manner affect performance of the work, and represents that he has correlated his study and observations with the requirements of the Contract Documents.
2.4.2 Contractor also represents that he has familiarized himself with all surveys and investigation reports of surface and latent physical and that he has correlated the results of all such data with the requirements of the Contract Documents.
2.5 Commencement of Time; Starting the Project
2.5. 1 The contract time will commence on the date fixed by the Notice to Proceed. The Contractor shall start to perform the work under the Contract Documents on or before the tenth working day after the date assigned in the Notice to Proceed.
2.5.2 The provisions set forth in Section VI of the Agreement are incorporated by reference as if fully set forth herein.
2.6 Before Starting Construction:
2.6. 1 The Contractor shall carefully study and compare the Contract Documents; check and verify pertinent figures shown thereon; and verify all applicable field measurements prior to undertaking each part of the work. He shall at once report in writing to the Project Manager any conflict, error or discrepancy which he may discover. Contractor shall be responsible for exercising reasonable care and skill in reviewing the Contract Documents to determine whether there is any conflict, error or discrepancy therein, and shall be responsible for notifying the Project Manager. No claim for additional compensation shall be made by the Contractor for extra work created by Contract Document conflicts, errors or discrepancies which a reasonable Contractor would have discovered prior to commencing work.
2.6.2 Contractor shall submit the required Schedule of Values and activity cost information in accordance with the General Requirements of these specifications.
2.6.3 The Contractor shall furnish the City all certificates of insurance required by the Contract Documents after the "Notice of Conditional Award" and prior to the "Notice to Proceed," in types and amounts set forth in Article 5.
ARTICLE 3 - CORRELATION, INTERPRETATION, AND INTENT OF CONTRACT DOCUMENTS
3.1 It is the intent of the Contract Documents to describe a complete project to be constructed. As stated in paragraph 1.11, the Contract Documents comprise the entire contract between City and Contractor. They may be altered only by a Modification, as defined in paragraph 1.11.
3.2 The Contract Documents are complementary, and what is required by any one shall be as binding as if required by all. Work not specifically covered in the Contract Documents shall nonetheless be required if it is consistent therewith and is reasonably inferable therefrom as being necessary or appropriate to produce the intended results. Should the Contractor discover a conflict, error, or discrepancy in the Contract Documents, he (she) shall immediately call it to the attention of the City in writing before proceeding with the work affected. Contractor agrees that proceeding with work without first giving such notice shall constitute a waiver by Contractor of any claim for additional time or money. Where there is a conflict, the Contract Documents, Specifications shall govern over the drawings; figure dimensions and drawings shall govern over scale drawings. Words and abbreviations that have technical or trade meanings are used in the Contract Documents in accordance with such recognized meanings.
ARTICLE 4 - AVAILABILITY OF LANDS, PHYSICAL CONDITIONS, AND REFERENCE POINTS
4.1 Availability of Lands:
4.1.1City shall furnish the lands upon which the work is to be done, right-of-way for access thereto, and other such lands which are designated in the Contract Documents for the use of the Contractor.
Contractor shall provide all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment.
4.2 Physical Conditions:
4.2.1 The Contractor shall immediately, and before any such conditions are disturbed, notify the Project Manager in writing of subsurface or latent physical conditions at the site differing materially from those indicated in the Contract Documents; or unknown and unforeseen physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents. The Project Manager shall promptly investigate the conditions, and if he finds that such conditions do materially so differ to cause an increase or decrease in the time required for performance of the work, an appropriate adjustment in Contract Time may be made in accordance with Article 12 of these General Conditions. The Contract Documents may be modified by Change Order accordingly. In no event shall Contractor be entitled to increased compensation for such differing conditions, unless provided for in such Change Order.
4.2.2 No increase of time under paragraph 4.2 shall be allowed unless the Contractor shall have given the written notice described in paragraph 4.2.1 not later than 24 hours after such conditions are discovered, and before such conditions are disturbed. Contractor shall not proceed with the work affected by such conditions until directed in writing by Project Manager. Furthermore, no increase shall be given unless it is shown that Contractor's own investigation was done competently and did not disclose the error or condition. Failure of Contractor to give written notice and providing an opportunity for the Project Manager to investigate shall constitute a waiver by Contractor of any claim for additional time or money.
4.2.3 Groundwater, in whatever amount or condition, shall be deemed usual and ordinarily encountered and generally recognized as inherent in the work of the character provided for in the Contract Documents. Dewatering is the responsibility of the Contractor. No claim for a Modification of Contract time or price will be allowed for such conditions.
4.3 Reference Points:
4.3.1 City shall provide engineering reference points as shown on the plans for construction.
Contractor shall be responsible for surveying and laying out work unless otherwise provided in the Contract Documents, and shall protect and preserve the established reference points and shall not change or relocate them without the prior written approval of Project Manager. Contractor shall report to Project Manager whenever any reference point is lost or destroyed or requires relocation because of changes in grades or locations. The cost of replacing and accurately relocating all reference points so lost, destroyed or moved shall be borne by the Contractor.
ARTICLE 5 - BONDS AND INSURANCE
5.1 Contractor’s Liability Insurance
5.1.1 Contractor shall obtain and maintain continuously comprehensive general liability insurance and/or other insurance necessary to protect the public with limits of liability of not less than $1,000,000 combined single limit bodily injury and property damage per occurrence with a $1,000,000 combined single limit annual aggregate with appropriate coverage endorsements to include broad-form contractual, broad form property damage, contractor’s protective, product/completed operations, auto and non-owned auto, personal injury, and fire-legal liability where applicable. The general aggregate limit shall apply separately to this project, or Contractor shall provide insurance with a general aggregate limit of $2,000,000.
5.1.2 The Contractor, upon notification of receipt by the City of any cancellation notice shall file with the City a replacement certificate with another insurance company meeting the financial requirements of the City and the coverage requirements. Failure to maintain any of the above required insurance shall require the immediate discontinuation of work until replacement insurance is furnished to the City. All payments due or that become due will be withheld until notice of replacement is received. Any failure to maintain insurance will be sufficient cause for termination of the contract.
5.1.3 Automobile Liability Insurance: Contractor shall carry Bodily injury and Property Damage liability including coverage for owned, hired and non-owned automobiles. The limits of liability shall be not less than $1,000,000 Bodily Injury, $300,000 Property Damage or $1,000,000 Combined Single Limit Bodily Injury and Property Damage
5.1.4 As evidence of the insurance required by this agreement, certificates of workers compensation, general liability and automobile liability shall be furnished to the City before any work is commenced by the Contractor.
5.1.5 General Liability and Automobile Liability insurance shall include “City of Corning, its elected officials, officers, and employees as an additional insured”, and shall not be reduced or canceled without 30 days written prior-notice certain to the City. Contractor shall provide the City a certificate of insurance and an additional insured endorsement as evidence of insurance protection provided which lists “City of Corning” as the certificate holder. Insurance certificates provided by any insurance company or underwriter shall not contain the language “endeavor to” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company”, or similar language. If Contractor has employees, he/she shall obtain and maintain continuously workers’ compensation insurance to cover Contractor and Contractor's employees and partners.
5.1.6 Contractor shall require and verify that all subcontractors of any tier maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that "City of Corning, its elected officials, officers, and employees" is an additional insured on insurance required from subcontractors; provided, however, that the minimum limit by subcontractors for general aggregate under their comprehensive general liability shall be $2,000,000 on all subcontracts other than major subcontracts and $3,000,000 on major subcontracts (subcontracts in excess of $1,000,000 and such other subcontracts identified in the Contract Documents as "major subcontracts"). Contractor shall maintain certificates of insurance from all subcontractors demonstrating compliance with the requirements of this section and make them available to the City upon request.
5.2 Builders Risk Insurance
5.2.1 The Contractor will not be required to obtain Builder's Risk Insurance. The Contractor will be responsible for building materials not installed and for the Contractor's tools, other equipment or supplies. The Contractor shall also be required to protect the construction project as stipulated elsewhere in this contract.
5.3 Performance, Payment, and Other Bonds
5.3.1 Prior to the commencement of any work, Contractor shall furnish performance and payment bonds as security for the faithful performance and payment of all Contractors' obligations under the contract documents. These bonds shall be in amounts at least equal to the contract price and in a form satisfactory to City. Surety company providing said bonds shall have a Best financial rating of at least A-: VII and be licensed in the State of California.
5.3.2 If at any time the Surety on any bond furnished by Contractor is adjudicated bankrupt, commences any proceeding under the Bankruptcy law of the United States, becomes insolvent, makes a general assignment for the benefit of creditors or has its right to do business terminated in California, or for any other reason is unable or unwilling to continue in business, Contractor shall within five calendar days thereafter substitute another bond in a Surety who meets the City's financial rating requirement.
5.4 Responsibility for Damage:
5.4.1 Approval of the Contractor's insurance by the Owner shall not decrease the extent to which the Contractor or any subcontractor may be held responsible for payment of any and all damages resulting from Contractor's operations.
5.4.2 The Contractor shall assume the defense of and indemnity and save harmless City of Corning, its elected officials, officers and employees, as well as the Project Manager, Architect and the officers, agents and employees of each of them, from any and all loss, liability or damage including attorney's fees and from all suits, actions, damages or claims of every nature and description to which they may be subjected or put by reasons of injury to persons or property arising out of, in connection with, or incident to the execution of the work or resulting from the active or passive negligence or carelessness on the part of the Contractor, Contractor's employees or agents in the delivery of materials and supplies by its employees or agents, including any failure to fulfill the terms of all laws and regulations which apply to this Contract together with any infringement or alleged infringement of the patent rights of any person or persons, firm or corporation in consequence of the use in or about the said work of any article or materials; and the City shall have the right to estimate the amount of such damage and to cause the Contractor to pay same, and the amount to be paid for such damage shall be deducted from the money due to the Contractor under this Contract; or the whole or so much of the money due or to become due to the Contractor under this Contract, as may be considered necessary by the City, shall be retained by the City until such suits or claims for damages shall have been settled or otherwise disposed of and satisfactory evidence to that effect furnished to the City. Contractor shall assume the defense of and indemnity and save harmless City of Corning, its elected officials, officers and employees, as well as the Architect, Project Manager and the officers, agents and employees of each of them in respect to any mechanics lien, foreclosure actions filed by any subcontractor or material man relative to the construction.
ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES
6.1 Supervision and Superintendent:
6.1.1 Contractor shall supervise and direct the work effectively, efficiently and with his best skill and attention. He shall have sole responsibility for the means, methods, techniques, sequences, procedures of construction, and for coordinating all portions of his work under the Contract Documents. Contractor shall be responsible for the finished work complying accurately with the Contract Documents.
6.1.2 The Contractor shall designate in writing, before starting work, the name, qualifications and experience of his proposed representative who must be approved by the Project Manager. Said representative shall have authority to represent and to act for the Contractor. Said authorized representative shall be present at the site of work at all times while work is in progress.
Arrangements for responsible supervision, acceptable to Project Manager, shall be made for emergency workrequired during periods when work is suspended.
6.1.3 The Contractor shall notify the Project Manager, in writing, when he desires to change his representative. He shall provide all necessary information regarding his new representative when submitting request for approval. Any substitute representative shall require the approval of the Project Manager, which may not be unreasonably withheld.
6.1.4 In emergencies when the Contractor or his authorized representative is not present on any particular part of the work, directions will be given by the Project Manager and obeyed by the superintendent or foreman in charge of the particular work. Such directions will be confirmed in writing to the Contractor's authorized representative.
6.1.5 The Contractor shall identify, in writing, the individuals who are authorized to sign Change Orders to the Contract.
6.1.6 The Contractor shall remove his representative from the work and propose a substitute if Project Manager reasonably concludes that such representative is unable or unwilling to properly supervise the work in such a manner as to ensure its timely and successful completion in accordance with Contract Documents.
6.1.7 The Contractor shall maintain daily job site activity logs which record: location and number of all manpower on the site by his own and subcontractors' forces; all work being performed and whether such work is part of the base contract or change order; all work being performed and whether such work is part of the base contract or change order; all construction equipment in use, and not in use, and reasons why not in use; weather and site conditions; and delays or obstructions to the work. The Contractor shall sign the log representing that the information contained therein is true, accurate and complete.
6.2 Verified Reports
6.2.1 The Contractor shall completely fill out, sign and date the appropriate Verified Reports, as required by Sections 4-214, 4-240 and 4-249 of Title 24, Part I, California Code of Regulations.
Copies of these reports shall be sent to the City.
6.3 Labor, Materials and Equipment
6.3.1 Contractor shall provide competent, suitable qualified personnel to survey and lay out the work and perform construction as required by the Contract Documents. Contractor shall at all times enforce strict discipline and good order on the project. He shall not employ on the work any unfit person or anyone not skilled in the task assigned to him.
6.3.2 Contractor shall furnish all materials, equipment, labor, transportation, and machinery, tools, appliances, other facilities and incidentals necessary for the execution, testing, initial operation and completion of work.
6.3.3 All materials and equipment incorporated in the work shall be new, except as otherwise provided in the Contract Documents. If required by Architect or Project Manager, Contractor shall furnish satisfactory evidence as to the kind, quality, source and purchase of materials and equipment.
6.3.4 All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instruction of the applicable manufacturer, fabricator or processors.
6.4 Substitute Materials or Equipment:
6.4.1 The Specifications may permit Contractor to furnish or use a substitute that is equal to any material or equipment specified. Unless otherwise expressly provided in the Specifications, in accordance with Public Contract Code section 3400, whenever the contract documents refer to a named manufacturer or named product, the named manufacturer or named product shall be deemed to be followed by the words “or equal” so that bidders may furnish any equal material, product, thing, or service in accordance with the procedures set forth herein. If the Contractor wishes to furnish or use a proposed substitute, he shall, promptly and within 5 days of the Notice to Proceed, make written
application to the Architect for approval of such substitute, certifying and warranting in writing that the proposed substitute will perform the functions called for by the Contract Documents, be of the same quality as that specified and be suited to the same use. Contractor shall state whether or not its incorporation in or use in connection with the project is subject to payment of any license fee or royalty and also shall identify all variations of the proposed substitute from that specified and indicate available maintenance service. No substitute shall be ordered or installed without the written approval of the Architect whose decision as to substitutions shall be final and conclusive.
Architect may require Contractor to furnish other such data about the proposed substitute that Architect considers pertinent.
6.4.2 No substitution shall be ordered or installed without such supplemental performance guarantee and bonds as City may require, all of which shall be furnished at Contractor's expense.
Contractor shall be responsible for determining the required delivery date for incorporation into the work and shall certify that this date has been confirmed with the supplier of the substituted item.
6.5 Subcontractors:
6.5.1 Contractor shall investigate and assure himself and the City of the experience and skill of all subcontractors performing work specified by the Contract Documents as well as the financial stability of such subcontractors. Contractor shall not recommend any subcontractor or other person or firm, whether initially or as a substitution against whom City, at City's sole discretion, may have reasonable objection. If City who has no duty to investigate, but has the right to do so, after due investigation, has a reasonable objection to any subcontractor, supplier or material man proposed by Contractor, Contractor shall propose an acceptable substitute.
6.5.2 Contractor shall be fully responsible for all acts and omissions of his subcontractors, and of persons and organizations directly or indirectly employed by them and of persons and organizations for whose acts any of them may be liable to the same extent that he is responsible for the acts and omissions of persons directly employed by him. Nothing in the Contract Documents shall create any contractual relationship between the City, Project Manager or Architect and any subcontractor, or other person or organization having a direct contact with the Contractor, nor shall it create any obligation on the part of City, Project Manager or Architect to pay or see to the payment of any monies due any subcontractor or other persons or organizations.
6.5.3 The divisions and sections of the Specifications and the identifications of any Drawings shall not control the Contractor in dividing the work among subcontractors or delineating the work to be performed by any specific trade. Neither the Architect, nor Project Manager, nor City will act as arbiter to determine subcontract limits.
6.5.4 Contractor agrees to bind specifically every subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of the City including, but not limited to, all time and notification requirements.
6.5.5 All work performed for Contractor by a subcontractor shall be pursuant to an appropriate agreement between Contractor and subcontractor which shall contain provisions for the waiver of all rights the contracting parties may have against one another for damages caused by fire or other perils covered by insurance. Contractor shall pay each subcontractor a just share of any such insurance moneys received by Contractor.
6.6 Patent Fees and Royalties
6.6.1 Contractor shall pay license fees and royalties and assume all costs incident to the use, in the performance of the work, of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, device or product is specified in the Contract Documents for use in the performance of the work, and to the actual knowledge of City and Architect its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by City in the Contract Documents. Contractor shall indemnify and hold harmless City, Project Manager, their employees, officers and agents, and Architect, his consultants, and anyone directly or indirectly employed by either of them from and against consultants' and other experts' fees and expenses arising out of any infringement of patent rights incident to the use in the performance of the work or resulting from the incorporation in the work of any invention, design, process, product or device not specified in the Contract Documents, and shall defend all such claims in connection with alleged infringement of such rights.
6.7 Permits & Utility Costs:
6.7.1 Permits: Contractor shall be responsible to obtain all building permits, construction permits, fugitive dust permits, fees and licenses necessary for the prosecution of the work. The City will make payment of permit fees directly to the permitting agency. The Contractor shall be responsible for all delays in obtaining all permits, licenses, and utility connection agreements. No delay claim may be made by Contractor for any delay in obtaining any permit, license or utility connection agreement.
6.7.2 Utility Costs: Contractor shall be permitted reasonable use of the existing utilities available at the project site without charge. In the event that any additional temporary utilities are necessary, Contractor shall be responsible for obtaining and paying for such temporary utilities at Contractor's expense.
6.8 Laws and Regulations:
6.8.1 Contractor shall give notices and comply with all laws, ordinances, rules and regulations applicable to the work. Contractor shall use reasonable care and skill in determining whether or not the Specifications or Drawings are at variance therewith, and, if he observes such variance, he shall give the Project Manager and Architect prompt written notice thereof. If Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Project Manager and Architect, he shall bear all costs arising therefrom.
6.9 Taxes:
6.9.1 Contractor shall pay all sales, consumer use and other similar taxes required to be paid by him in accordance with the law of the place where the work is to be performed.
6.10 Use of the Premises:
6.10.1 Contractor shall confine his equipment, the storage of materials and equipment and the operations of his workmen to areas permitted by law, ordinance, permits or the requirements of the City and of the Contract Documents, and shall not unreasonably encumber the premises with materials or equipment.
6.10.2 Contractor shall not load nor permit any part of any structure to be loaded with weight that will endanger the structure, nor shall he subject any part of the work to stresses or pressure that will endanger it.
6.11 Record Drawings:
Contractor shall keep one current record copy of all Specifications, Drawings, Addenda, Modifications, and Shop Drawings at the site in good order and annotated to show all changes made during the construction process. These shall be available to the Architect and Project Manager at all times, and shall be reviewed monthly concurrent with the Progress Payment Request. Upon completion of the project the Contractor shall deliver the record documents to the Project Manager for review and approval. These record documents shall be prepared in accordance with Section 01720 of the Specifications.
6.12 Safety and Protection:
6.12.1 Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the work. He shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss:
6.12.1.1 All employees on the work and other persons who may be affected thereby:
6.12.1.2 All the work and all materials or equipment to be incorporated therein, whether in storage on or off the site; and
6.12.1.3 Other property at the site or adjacent thereto, including trees, shrubs, lawns, pavements, roadway, structures and utilities not designated for removal, relocation or replacement in the course of construction.
6.12.1.4 The Contractor represents that he has read and is thoroughly familiar with the California State Occupational Safety and Health Act, and regulations for construction promulgated thereunder, and agrees to comply with the Act and all such regulations applicable to the performance of the work. The Contractor accepts the duty of enforcing those regulations by federal, state or City Safety and Health Inspectors at the Contractor's work place at the job site or any area within the limits of construction and of the outcome of any such inspections. Contractor assumes exclusive responsibility for, and agrees to defend, indemnify and hold harmless Cit of Corning, Project Manager, Architect, and their elected officials, officers, agents, employees, consultants and representatives against all consequences of any violations of those regulations by the Contractor, including the payment of any fine, penalty and interest assessed in connection therewith, any court costs, undertakings, interest, and attorneys', accountants' consultants' and experts' expenses and fees incurred by the City.
6.12.2 Contractor shall comply with all applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. He shall erect and maintain, as required by the conditions and progress of the work, all necessary safeguards for its safety and protection. He shall notify owners of adjacent utilities when prosecution of the work might affect them. All damage, injury or loss to any property caused, directly or indirectly, in whole or in part, by Contractor, and/or subcontractor, or anyone employed by them shall be remedied by Contractor at his own expense. Contractor's duties continue until such time as all the work is completed and Project Manager has issued a notice in accordance with paragraph14.9 that work is acceptable.
6.12.3 Contractor shall designate a responsible member of his organization, at the site, satisfactory to the Project Manager, whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Project Manager.
6.13 Shop Drawings, Product Data, and Samples:
6.13.1 Shop drawings, product data, and/or samples are required by the Specifications for certain portions of the work. These shall be submitted according to a schedule of submittals to be accepted by the Project Manager and Architect. Where a shop drawing, product data, or sample submittal is required by the Specifications, no related work shall be commenced until the submittal has been reviewed by the Architect. A copy of each reviewed shop drawing and each approved sample shall be kept in good order by Contractor at the site and shall be available to the Project Manager, Architect and Inspector.
6.13.2 The Contractor may submit a request for substitutions. The Contractor shall propose for approval all samples as specified or directed by the Architect. The provisions of subparagraph 6.4 shall apply in such case.
6.13.3 Contractor shall check and verify all field measurements and submit shop or setting coordination drawings in 1/4"=1'0" scale to verify clearances for various trades, and schedules required for the work of the various trades, with such promptness as to cause no delay to the work.
6.13.4 Samples: Unless otherwise specified, submit samples in triplicate and of adequate size to show the quality, type and finish. Label each sample with the manufacturer's name, material name and quality, the Contractor's name, the project name and other pertinent data. Submit, with samples in triplicate a transmittal letter requesting approval. Prepay transportation charges to the Architect's office on samples forwarded.
6.13.5 Contractor shall not order materials until receipt of written approval of shop drawings, product data, and samples.
6.13.6 Project Manager's or Architect's review of shop drawings and samples shall not relieve Contractor from his responsibility for any deviation from the requirements of the Contract Documents. Nor shall any action by Architect relieve Contractor from any responsibility for errors or omissions in the shop drawings.
6.14 Cleaning:
6.14.1 Contractor shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the work, and at the completion of the work he shall remove all waste materials, rubbish and debris from and about the premises, as well as all tools, construction equipment and machinery, and surplus materials. He shall leave the site clean and ready for occupancy by City. Contractor shall restore to original condition those portions of the site not designated for alteration by the Contract Documents.
6.15 Indemnification:
6.15.1 Contractor shall indemnify and hold harmless to the fullest extent permitted by law, City of Corning, Architect, Project Manager and their elected officials, officers, consultants, agents and employees, from and against all claims, damages, losses and expenses, including attorneys', accountants', consultants', and experts' fees and expenses, arising out of or resulting from the performance of the work attributable to bodily injury, sickness or death, or to injury to or destruction of tangible property, including the loss of use resulting therefrom, and caused in whole or in part by any negligent or other act or omission of Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether indemnification shall extend to claims, demands, or liability for injuries occurring after completion of the project as well as during the work's progress. Such obligation shall not be construed to negate, abridge or otherwise reduce any other obligation of indemnity which otherwise exists under the Contract Documents or at law as to any party or person described in this paragraph or otherwise.
6.15.2 In any and all claims against City of Corning, Architect, Project Manager, their elected officials, officers, employees, consultants or agents by an employee of Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under subparagraph 6.15.1 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Contractor or any subcontractor under workmen's compensation acts, disability acts or other employee benefit acts.
6.16 Books and Records:
6.16.1 Contractor shall maintain books, records, documents and other evidence pertinent to the work in accordance with generally accepted accounting principles and practices. Such books, records, documents and other evidence shall be maintained for at least three years after the date of completion of the project. Access to the aforementioned books, records, documents and other evidence shall be available to the City or the Board, or any authorized representative of either, during the course of construction and for at least three years after completion of the project. Suitable facilities shall be provided for said access, and for the inspection and copying thereof.
ARTICLE 7 - WORK BY OTHERS
7.1 City may perform additional work related to the project or it may award other direct contracts therefore. Contractor shall afford the other persons or contractors who are parties to such direct contracts reasonable opportunity for the storage of materials and equipment and the execution of work. He shall properly connect and coordinate his work with theirs. No claim for time extension will be made by the Contractor due to any alleged problems or difficulties suffered due to work performed by others unless written notice within twenty-four hours of the commencement of said alleged delaying activities is given to the City.
7.2 If any part of Contractor's work depends, for proper execution or results, upon the work of any other such person or contractor, Contractor shall inspect and promptly report to Project Manager and Architect in writing any defects or deficiencies in such work that render it unsuitable for such proper execution and results. His failure so to report shall constitute an acceptance of the other work as fit and proper for the relationship of his work, except as to defects and deficiencies which may appear in the other work after the execution of his work.
7.3 Contractor shall do all cutting, fitting, and patching of his work that may be required to make the several parts come together properly and fit to receive or be received by such other work.
Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work, and will only cut or alter their work with the written consent of the City and of the other contractors whose work will be affected.
7.4 If the performance of additional work by other persons or contractors is not noted in the Contract Documents prior to the execution of the Agreement, written notice thereof shall be given to Contractor prior to starting any such additional work.
ARTICLE 8 - CITY’S RESPONSIBILITIES
8.1 Communications: City will forward all instructions and decisions to Contractor through the Project Manager.
8.2 Right to Stop Work: The City has the right to stop or suspend work, and to award other work.
8.3 Project Manager
8.3.1 The City will designate a Project Manager and assistants to enable it to carry out its responsibilities at the site. The Project Manager is the City's agent and shall act as directed by and under the supervision of the City Administrator.
8.3.2 The Project Manager will be the City’s sole authorized representative for the project. All correspondence to Architect from Contractor will be copied to the Project Manager.
8.4 Disputes Resolution
8.4.1 A dispute, or claim, or other matter in question arising out of or relating to the Contract Documents which is not disposed of by agreement shall be decided by the Project Manager promptly and in writing as provided in the Contract Documents. The decision of the Project Manager shall be final and conclusive on the Contractor unless, within 5 days from the receipt of such decision. Contractor submits to Project Manager a written claims submission and documentation as defined in paragraph 8.6 below.
8.5 Disputed Work
8.5.1 Should Contractor object to any decision, order, directive, notice, action, or omission of Project Manager, Contractor may, within 5 days after receipt or occurrence of the same, or before commencing with the disputed work, whichever occurs first, furnish to Project Manager a written notice stating such objections.
8.5.2 Contractor shall furnish to Project Manager, beginning with the first day and at the end of each day detailed hourly records for labor, construction equipment, and services; and itemized records of materials and equipment used that day in performance of the disputed work. Such records shall be of a form approved by Project Manager. Such records shall be signed by Contractor and verified by Project Manager.
8.5.3 Failure by Contractor to furnish such written notice and records specified in 8.5.1 and 8.5.2 shall constitute a waiver of Contractor's right to furnish a claim for the disputed work.
8.6 Claims Submission and Documentation
8.6.1 Contractor may furnish a claim concerning a matter noticed in accordance with 8.5 to City of Corning Administrative Office, 727 Oak Street, Red Bluff CA 96080.
8.6.2 Contractor shall furnish 3 certified copies of claim documentation. The claim documentation shall be complete when furnished. The evaluation of the Contractor's claim will be based on City's records and the Contractor's furnished claim documentation.
8.6.3 Claim documentation shall conform to generally accepted auditing standards and shall be in the following format:
1. General Introduction
2. General Background
3. Issues
a) Index of Issues
b) For each Issue
1) Background
2) Chronology
3) Contractor's Position (reason for City's potential liability) 4) Supporting Documentation of Merit
5) Supporting Documentation of Damages
4. Critical Path Method Schedules, As-Planned and As-Built
5. Productivity Exhibits
6. Summary of Issues and Damages
8.6.4 Supporting documentation of merit for each issue shall be cited by reference, photocopied, or explained. Supporting documentation may include, but not be limited to general conditions, technical specifications, drawings, correspondence, conference notes, shop drawing, survey books, inspection reports, delivery schedules, test reports, daily reports, subcontracts, fragmentary critical path method schedules, photographs, technical reports, requests for information, field instructions, and other related records.
8.6.5 Supporting documentation of damages for each issue shall be cited, photocopied, or explained. Supporting documentation may include but not be limited to certified detailed labor, materials, equipment, and construction equipment and services costs; purchase orders; invoices; project as- planned and as-built costs; subcontractor payment releases; quantity reports; other related records; general ledger and any other accounting materials.
8.6.6 Each copy of claim documentation shall include the following certification:
1. I certify under penalty of perjury, according to the laws of the State of California that this claim is made in good faith, that the supporting documentation is accurate and complete to the best of my knowledge and belief; and that the amount requested accurately reflects the contract adjustments for which City is responsible.
2. Certification shall be signed in the same manner as the proposal was signed.
8.6.7 Should Contractor be unable to support any part of the claim and it is determined that such inability is attributable to falsity of such certification or misrepresentation of fact or fraud on the part of Contractor, Contractor shall be liable to City for three times the amount of damages which the City sustains, plus the cost of civil action and may be liable to the City for a civil penalty of up to ten thousand dollars for each false claim.
8.7 Decisions on Claims
8.7.1 Claims of Contractor arising under and by virtue of the contract will be decided by the City Steering Committee consisting of the City Administrator, City Counsel, the Architect and the Project Manager who will furnish the decisions to Contractor in writing.
8.8 Release of Undecided Claims
8.8.1 Undecided claims furnished to City Steering Committee before execution of the final release of claims provided in 8.6 and not excepted therefrom shall be deemed released by Contractor upon execution of such release and will not be further considered by City.
8.9 Exhaustion
8.9.1 Contractor must exhaust all remedies and comply with all dispute resolution procedures set forth in paragraph 8.4 prior to filing suit which names the City, Architect, Project Manager or any officer, employee, agent or affiliate thereof.
ARTICLE 9 - ARCHITECT'S/ENGINEER’S STATUS DURING CONSTRUCTION
9.1 Visits to Site:
9.1.1 Progress and quality of the executed work and to determine if the work is proceeding in accordance with the Contract Documents. However, the Architect/Engineer will not be required to make exhaustive or continuous on-site observations to check quality or quantity of the work. On the basis of onsite observations as an Architect/Engineer, the Architect/Engineer will keep the Project Manager informed of progress of the work, and will endeavor to guard the City against defects and deficiencies in the work.
9.1.2 Architect/Engineer and his representatives will have access to the work at all times for the observation of the building operations, including the right to accept or reject materials and/or workmanship. The Architect/Engineer and his representatives shall perform their duties in accordance with Section 4-213 and 4-217, Title 24, California Code and Regulations.
9.2 In cases of emergency the Architect/Engineer may give directions to the Contractor, his authorized representative, or if neither are available, to the superintendent or foreman in charge of the particular work concerning which directions are given. Such directions will be confirmed in writing by the Project Manager.
9.3 Clarifications and Interpretations:
9.3.1 Architect/Engineer will issue with reasonable promptness through the Project Manager such written Field Orders, which will clarify or interpret the design intent of the Contract Documents as he may determine to be necessary. These Field Orders shall not entitle Contractor to any adjustment to the contract price or time.
9.4 Rejecting Defective Work:
9.4.1 Architect/Engineer and/or the Project Manager will have authority to disapprove or reject work which is "defective" (which term includes without limitation work that is unsatisfactory, faulty, does not conform to the requirements of the Contract Documents, does not meet the requirements of any inspection, test or approval referred to in paragraph 13.2, or has been damaged prior to approval of final payment). He will also have authority to recommend to the Project Manager that he require special inspection or testing of the work as provided in paragraph 13.4, whether or not the work is fabricated, installed or completed.
9.5 Shop Drawings and Samples:
9.5.1 The Architect/Engineer is responsible for the review of samples. (See paragraph 6.13)
9.5.2 The Contractor shall submit for review, with reasonable promptness, all samples as specified or directed by the Architect/Engineer. The Architect/Engineer shall review samples, with reasonable promptness, only for conformance with the design concept of the project and for compliance with information given in the Contract Documents. The work shall be in accordance with reviewed samples.
9.6 Shop Drawings
9.6.1 The Architect/Engineer shall review, with reasonable promptness, schedules and drawings for conformance with the design concept of the project and compliance with the Contract Documents. The Architect's/Engineer’s review of such drawings or schedules shall not relieve the Contractor from responsibility for deviations from Drawings and Specifications, nor shall it relieve him from responsibility for errors in shop drawings or schedules.
9.6.2 Architect/Engineer shall be permitted a reasonable time to review such drawings and no claim for time extension or damages will be allowed for this time.
9.6.3 Satisfactory shop drawings shall be so identified by Architect/Engineer, dated, and a reproducible copy returned to the Contractor.
9.6.4 Should shop drawings be rejected, one reproducible copy set will be returned to the Contractor with indicated corrections and changes to be made. After making such corrections and changes, Contractor shall resubmit shop drawings, in numbers of copies required, until approval is obtained. Any corrections or changes indicated on the shop drawings shall not be considered as an extra workorder.
9.6.5 Architect/Engineer will be the interpreter of the design and technical requirements of the Contract Documents and the compliance by the Contractor therewith. Neither the Project Manager, Architect/Engineer, nor City will be liable to the Contractor for the result of any interpretation or decision rendered in good faith. Disputes with respect to interpretations will be processed and resolved as provided for in paragraph 8.4.
9.7 Limitations on Architect's/Engineer’s Responsibilities
9.7.1 Neither Architect's/Engineer’s authority to act under this Article 9 or elsewhere in the Contract Documents, nor any finding or decision made by him in good faith, shall give rise to any duty or responsibility of Architect to Contractor, any subcontractor, any material man, fabricator, supplier or any of their agents or employees or any other person performing any of the work.
9.7.2 Architect/Engineer will not be responsible for Contractor's means, methods, techniques, sequences, division and allocation of the work or procedures of construction, or the safety precautions and programs incident thereto, and he will not be responsible for Contractor's failure to perform the work in accordance with the Contract Documents.
9.7.3 Architect/Engineer will not be responsible for the acts or omissions of Contractor, or any subcontractors, or any of his or their agents or employees, or any other persons at the site or otherwise performing any of the work.
9.7.4 Nothing in these General Conditions or in the Contract Documents shall be deemed to establish a contractual relationship, direct or otherwise, between Architect and Contractor.
ARTICLE 10 - CHANGES IN THE WORK:
10.1 The City may at any time or from time to time order additions, deletions or revisions in the general scope of the work without invalidating the Contract Documents and without notice to the sureties.
10.2 Changes will be authorized by a Change Order. Upon receipt of a Change Order, Contractor shall immediately proceed with the work involved. All such work shall be executed under the applicable conditions of the Contract Documents. If any Change Order causes an increase or decrease in the contract price or any extension or shortening of the contract time, an adjustment will be made as provided in Articles 11 and 12, on the basis of a claim made by either Contractor or City.
10.3 Changes, Omissions, or Additions shall be made only through a standard written order of the Architect and approved by the Owner. Change Orders will be issued only before or at the time of change, and the expense or responsibility for any change or damage without said order shall rest entirely with the Contractor.
10.4 City may order minor changes or alterations in the work not involving extra costs or extension of time, and not inconsistent with the overall intent of the Contract Documents. Such changes may be ordered by a Field Order.
10.5 When necessary, in order to avoid delay to the work, the Project Manager may authorize the Contractor to proceed with the work pending completion of a change order. This prior authorization may be verbal; however, it must be confirmed in writing as soon as possible by the authorizing individual. Whenever work is to proceed on the basis of such prior authorization, the Contractor must be notified in writing to proceed with the work pending approval of the change order. In the case of a change order requested by the Contractor, the City must have positive assurance that he will execute the change order before allowing work to proceed. Preparation and final approval of change orders for work covered under prior authorization must be actively pursued.
Prior authorization does not include authority to make payment for the work.
10.6 No claims for adjustment of contract price or time for delays or costs due to material shortage, transportation difficulties, labor shortage, or dewatering, will be paid by City except as defined in subparagraphs 12.1.2 and 12.1.3.
10.7 Additional work performed by Contractor without authorization of a change order shall be at his own expense. Contractor shall not be entitled to an increase in the contract price or an extension of the contract time, except in the case of an emergency as provided in subparagraphs 6.1.4 or
9.1.3, for such work performed without a change order.
10.8 The City may order changes in the work. Notwithstanding any dispute or controversy that may arise in connection with a claim for adjustment of contract price, in the event of such changes Contractor shall proceed with the work promptly and diligently upon written order from Project Manager. The contract price may be changed pursuant to Article 11 without notice to the Surety.
10.9 In the event that there is any dispute between City and Contractor with relation to any payment to be made under this contract, whether by reason of change order; progress payment; or otherwise, Contractor shall submit a claim pursuant to Articles 11 and 12 but will not be entitled to walk off the job or stop work in any manner and is under a full obligation to complete each and every term and condition of the contract.
10.10 Dispute resolutions provisions of paragraphs 8.5 and 8.6 are applicable to changes in the work except as in Articles 11 and 12.
ARTICLE 11 - CHANGE OF CONTRACT PRICE
a.1 Contract Price:
a.1.1 The Contract Price constitutes the total amount payable to Contractor for performing the work under the Contract Documents. All duties, responsibilities and obligations assigned to or undertaken by Contractor in respect to work under the Contract Documents shall be at his expense without change of the Contract Price.
a.1.2 If Contractor wishes to make a claim for an increase to the contract price, he shall give Project Manager written notice thereof not later than five (5) days after the occurrence of the event giving rise to such claim. Within ten (10) days thereafter, Contractor shall supply all supporting documents for such claim, including but not limited to time slips for labor and time slips for equipment. Failure to provide all supporting documents shall constitute a waiver of such claim by Contractor.
a.1.3 The written notice shall set forth the reasons for which the Contractor believes additional compensation is due, the nature of the costs involved and the amount thereof. The notice must be given to the Project Manager prior to Contractor's performing the work-giving rise to the claim for additional compensation.
a.1.4 Differences between the parties arising under and by virtue of the contract shall be brought to the attention of the respective parties at the earliest possible time in order that such matters may be promptly settled. The Contractor hereby agrees that he shall have no right to additional compensation for any claim for which written notice was not filed in strict compliance with this paragraph.
a.2 The cost or credit to the City resulting from a change in the work, from a prior authorization, or from any claim for an increase or decrease in the contract price shall be determined by the Project Manager in one of the following ways:
a.2.1 By a lump sum properly itemized, and showing direct cost and markup, and supported by such substantiating data as may be required by the Project Manager to permit evaluation; allowable markup shall not in any case exceed the amount set forth below:
1. For work performed by the Contractor's own forces, for changes up to $30,000.00, an additional 10% for overhead and 5% for profit may be added;
2. For changes in excess of $30,000, the sums in excess of $30,000 are allowed an additional 8% for overhead and 5% for profit;
3. For work performed by subcontractors, the subcontractors' billings shall be limited to the markups as described for the Contractor, except the Contractor may add 10% to the gross amount as set forth by the subcontractor, as his fee for coordinating and implementing such changed work by the subcontractor;
4. Overhead includes, but is not limited to, the costs of bonds, insurance, supervision, office expense, management, transportation and small tools allowance. a.2.2 Where the work involved is related to unit prices, by application of unit prices to quantities involved; or
a.2.3 On the basis of force account as provided for in paragraph 11.3 which shall be employed only at the Project Manager's sole discretion, which shall not be an election of the Contractor. a.2.4 All work undertaken by prior authorization shall be on the basis of force account, until and unless a lump sum is agreed upon.
a.3 Force Account Payment - When extra work is to be paid for on a force account basis, the labor, materials, and equipment used in the performance of such work shall be subject to the approval of the Project Manager and compensation will be determined as follows:
a.3.1 Work Performed by Contractor - The Contractor will be paid the direct costs for labor, materials and equipment used in performing the work determined as hereinafter provided in Sections "Labor," "Materials" and "Equipment Rental," except where agreement has been reached to pay in accordance with Section "Work Performed by Special Forces or Other Special Services." a.3.2 To the total direct costs computed as provided in Sections "Labor," "Materials," and "Equipment Rental," there will be added a markup as defined in paragraph 11.2.1. a.3.3 The above markups shall constitute full compensation for all overhead costs which shall be deemed to include all items of expense not specifically designated as cost or equipment rental in Sections "Labor," "Materials," and "Equipment Rental." The total payment made as provided above shall be deemed to be the actual cost of such work and shall constitute full compensationtherefore. a.3.4 When extra work paid for on a force account basis is performed by forces other than the Contractor's organization, the Contractor shall reach agreement with such other forces as to the distribution of the payment made by the Owner of such work. No additional payment therefore will be made by the Owner by reason of the performance of the work by a subcontractor or otherforces.
11.3.4.1 Labor - The Contractor will be paid the cost of labor for the workmen (including foremen when authorized by the Project Manager) 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:
11.3.4.2 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.
11.3.4.3 Labor Surcharge - To the actual wages, as defined in Section 11.4.2 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 part of the contract. Said labor surcharge shall constitute full compensation for all payments imposed by State and Federal laws, specifically worker’s compensation, social security, Medicare, Federal unemployment insurance, State unemployment insurance and State training taxes, and for all other payments made to, or on behalf of, the workmen, other than actual wages as defined in Section 11.4.2 and subsistence and travel allowance as specified in Section 11.3.4.4.
11.3.4.4 Subsistence and Travel Allowance - The actual subsistence and travel allowance paid to such workmen.
11.3.4.5 Materials - The Owner reserves the right to furnish such materials as it deems advisable, and the Contractor shall have no claims for costs and markup on such materials.
Only materials furnished by the Contractor and necessarily used in the performance of the work will be paid for. The cost of such materials will be the cost to the purchaser, whether Contractor, subcontractor, or other forces, from the supplier thereof, except as the following are applicable:
11.3.4.6 If materials are procured by the purchaser by any method which is not a direct purchase from and a direct billing by the actual supplier to such purchaser, the cost of such materials shall be deemed to be the price paid to the actual supplier as determined by the Project Manager plus the actual costs, if any, incurred in the handling of such materials.
11.3.4.7 If the materials are obtained from a supply or a source owned wholly or in part by the purchaser, the cost of such materials shall not exceed the price paid by the purchaser for similar materials furnished from said source on contract items or the current wholesale price for such materials delivered to the job site, whichever price is lower.
11.3.4.8 If the cost of such materials is, in the opinion of the Project Manager, excessive, then the cost of such materials shall be deemed to be the lowest current wholesale price at which such materials are available in the quantities concerned delivered to the job site, less any discounts as provided in Section 11.4.1.
11.3.4.9 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 Project Manager to use equipment not listed in the said publication, a suitable rental rate for such equipment will be established by the Project Manager. The Contractor may furnish any cost data, which might assist the Project Manager in establishment of such rental rates.
The rental rates paid as above provided 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 11.4.1(1) "Labor." All equipment shall, in the opinion of the Project Manager, 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's approved modifications shall be used to classify equipment for the determination of applicable rental rates. Equipment that 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 $150 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 while equipment is inoperative due to breakdowns.
11.3.4.10 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 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 willbe made if 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 be½ hour of operation.
(2) When daily rates are listed, less than 4 hours of operation shall be considered to be ½ day of operation.
11.3.4.11 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, 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 Project Manager in advance.
(2) The Owner 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 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 Project Manager 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:
Hours Equipment Hours to is
in Operation be Paid
0 4
0.5 4.25
1 4.5
1.5 4.75
2 5
2.5 5.25
3 5.5
3.5 5.75
4 6
4.5 6.25
5 6.5
5.5 6.75
6 7
6.5 7.25
7 7.5
7.5 7.75
8 8
Over 8 Hours in operation
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 ½ hour of operation.
When daily rates are listed, payment for ½ day will be made if the equipment is not used. If the equipment is used, payment will be made for one day.
(6) Should the Contractor desire the return of the equipment to a location other than its original location, the Owner 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 and loading and unloading equipment, as above provided 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 Project Manager determines that such extra work required 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 Project Manager 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:
(a) The Project Manager shall specifically approve the necessity for the use ofparticular equipment on such work.
(b) The Contractor shall establish to the satisfaction of the Project Manager that such equipment cannot be obtained from his normal equipment source or sources and those of his subcontractors.
(c) The Contractor shall establish to the satisfaction of the Project Manager that the proposed equipment rental rate for such equipment from his proposed source is reasonable and appropriate for the expected period of use.
(d) The Project Manager shall approve the equipment source and the equipment rental rateto be paid by the City before the Contractor begins work involving the use of said equipment.
11.3.4.12 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
11.3.4.10, "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 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 will be added to the cost of labor described herein, in accordance with provision in Section 11.3.4.3 "LaborSurcharge. “To the direct cost of equipment rental and labor, computed as provided herein, will be added the markups for equipment rental and labor as provided for in Section 11.3.1 "Work Performed by Contractor."
11.4.1 Work Performed by Special Forces or Other Special Services - When the Project Manager and the Contractor, by agreement, determine that a special service for an item of extra work cannot be performed by the forces of the Contractor or those of any of his subcontractors, such services or extra work item may be performed by a specialist. Invoices for such service of item of extra work on the basis of the current market price thereof may be accepted without complete itemization of labor, material and equipment rental costs when it is impractical and not in accordance with the established practice of the special service industry to provide such complete itemization.
In those instances wherein a Contractor is required to perform extra work necessitating a fabrication or machining process in a fabrication or machine shop facility away from the job site, the charges for that portion of the extra work performed in such facility, may, by agreement, be accepted as a specialty billing.
To the specialist invoice price, less a credit to the City for any cash or trade discount offered or available, whether or not such discount may have been taken, will be added 15 percent in lieu of the percentages provided in Section 11.3.1 "Work Performed by Contractor."
11.4.2 Records - The Contractor shall maintain his records in such a manner as to provide a clear distinction between the direct costs of extra work paid for on a force account basis and the costs of other operations.
11.5 The amount of credit to be allowed to City for any change which results in a net decrease in cost of the work, will be the amount of the actual net decrease as determined by the Project Manager. When both additions and credits are involved in any one change, any Contractor's fee underparagraph11.3.3 shall be calculated on the basis of the net increase, if any.
11.6 Whenever the cost of any work is to be determined pursuant to paragraph 11.3, Contractor will submit in form prescribed by City an itemized cost breakdown together with supporting data.
11.7 Disputes, claims and matters in question arising out of or relating to the interpretation of implementation of Article 11 shall be submitted and resolved in accordance with paragraph 8.5.
11.8 Cash Allowances - NOT APPLICABLE
CONTRACT CHANGE ORDER FORM
11.9 All parties agree that the following form shall be used for all change orders:
CONTRACT CHANGE ORDER NO.
Date
Sheet of
. You are hereby directed to make the herein-described changes from the plans and specifications, or do the following described work in accordance with applicable provisions of the Contract Documents. Work described herein shall include furnishing of all materials, equipment, labor and services necessary for its completion.
This Change Order constitutes a full accord and satisfaction as to claims for all additional costs and extensions of the contract time relating to the portion of the work described under the term "Item." The execution of this Change Order is a waiver of any rights or claims by the Contractor to any additional compensation for the "Item" work or extensions of the contract time for that work.
ITEM:
The above changes result in the following adjustments to the ContractPrice: Add/Deduct $ .
Contract Time is increased/decreased/unchanged working days by this Change Order. I, the undersigned Contractor, SUBMITTED BY:
have given careful consideration
to the change proposed and hereby
agree to do the work above specified ARCHITECT
and will accept as full payment
therefore the prices shown above. RECOMMENDED FOR APPROVAL:
By: By:
CONTRACTOR PROJECT MANAGER
By:
TITLE
Date: Date:
APPROVED BY:
APPROVAL:
BY:
CHIEF ADMINISTRATOR
Distribution:
District (Master)
Contractor (Master)
Architect (Copy)
Project Manager (Copy)
1 of 2 Change Order __
CONTRACT CHANGE ORDER NO.
PROJECT
Date:
The Contract is changed as follows:
CCO # COR # DESCRIPTION AMOUNT
Requested by:
Reason: ADD
Requested by:
Reason: ADD
Requested by:
Reason: ADD
Requested by:
Reason: ADD
Requested by:
Reason:
TOTAL CHANGE ORDER NO. ADD $0.00
The original Contract Sum $0
Net Change by previously authorized Change Orders $0
The Contract Sum prior to this Change Order $0
The Contract Sum will be increased by this Change Order in the amount of $0
The New Contract Sum including this Change Order will be $0 The Contract Time will be extended (-0-) work days
2 of 2 Change Order
ARTICLE 12 - CHANGE OF THE CONTRACT TIME
12.1 Contract Time
12.1.1 The City may extend, reduce or adjust the contract time without invalidating the Contract Documents and without notice to the Surety. The contract time may only be changed by a change order. Any claim for an extension in the contract time shall be based on written notice to Project Manager within five (5) days of commencement of the event giving rise to the claim. The notice shall set forth the reasons for the delay, the date of its commencement, the extent of the delay, together with such supporting data as may be required by Project Manager. Change in the contract time shall be incorporated in a change order. Failure to present notice of claim in writing within the stated five days constitutes a waiver for any delay claim.
12.1.2 In the event it is deemed necessary to extend the time for completion of the work, such extensions shall in no way release any guarantee given by the Contractor pursuant to the provisions of the Contract Documents, or the contract let hereunder, nor shall such extension of time relieve or release the Sureties on the bonds executed pursuant to said provision. The Sureties in executing such bonds shall be deemed to have expressly agreed to any such extension of time. The amount of time allowed in any extension of time shall be limited to the period of the delay giving rise to the same as determined by the City.
12.1.3 The amount of time extension, if any, to which the Contractor is entitled shall be determined by the Project Manager. No damages of any sort shall be paid to Contractor for delay, disruption, halting, cessation or temporary abandonment, no matter from what cause. Parties acknowledge that on this project, revisions to the plans and specifications will be needed, and Contractor waives, by entering into the Agreement with City, any damages caused by such revision or any other source during the term of this contract. Notwithstanding any dispute which may arise in connection with a claim for adjustment of the contract time, Contractor shall proceed with the work promptly and directly.
12.2 Liquidated Damages
12.2.1 The work prescribed by the Contract Documents must be completed within the time set forth in the Agreement, or damage will be sustained by the City. Any delay could cause delay to operations of the City depriving the City of the scheduled beginning of the use of the facility under construction.
The parties hereto recognize that, because of the foregoing special circumstances, it is impractical and extremely difficult to fix the actual damages.
12.2.2 Accordingly, the parties hereto agree, and by execution of the Agreement the Contractor acknowledges that he understands, has ascertained and agrees, that the Contractor shall pay to the City, as liquidated damages, and not as a penalty or forfeiture, the amounts herein set forth for the failure of the Contractor to substantially complete the entire work within the time specified.
12.2.3 Time is therefore of the essence in these Contract Documents and it is imperative that the work included in these Contract Documents be substantially completed within the specified time.
12.2.4 Since it is impossible or extremely impractical, presently, to determine the actual amount of damages which the City will sustain by reason of such delay, it is, therefore, agreed that the Contractor will pay to the City liquidated damages in the amount as set forth in subparagraph 12.2.6, for each and every calendar day beyond the time set forth in the Agreement, as adjusted, until the time of completion as determined in paragraph 14.5. The Contractor agrees to promptly pay such liquidated damages as are herein provided. In case the same are not so paid, Contractor agrees that the City may deduct the amount thereof from any money due or that may become due the Contractor under the contract.
12.2.5 The parties have endeavored to estimate the actual damages likely to be suffered by the City in the event of a delay in completion beyond the time set forth in the Agreement, and agree that the amount is a reasonable estimate of the City's actual damages and are just and reasonable sums under the circumstances presently existing.
12.2.6 It is agreed that the amount of liquidated damages to be paid by the Contractor to the City for failure to complete the entire work specified by the Contract Completion Date or to meet any deadline set forth in the Agreement for the completion of specified work (as extended, if applicable) is one thousand dollars and no/cents ($1,000.00) for each calendar day, continuing after the Substantial Completion Date, as indicated in the Agreement, to the date of actual substantial completion, or until the time of completion of the work necessary to meet such a deadline, as the case may be.
12.2.7 In the event the Contractor shall become liable for liquidated damages under this Section, the City in addition to all other remedies provided by law, shall have the right to require the Project Manager to withhold any and all retained percentages of payments, subject to the requirements of Sections 10263 and 22300 of the Public Contracts Code, which would otherwise be or become due the Contractor until the liability of the Contractor under this Section has been finally determined. The City shall have the right to use and apply such retained percentages, in whole or in part, to reimburse the City for all liquidated damages due or to become due to the City. Any remaining balance of such retained percentages shall be paid to the Contractor only after discharge in full of all liability incurred by the Contractor under this Section or otherwise. If the retained percentage is not sufficient to discharge all such liabilities of the Contractor, the Contractor shall continue to remain liable to the City until all such liabilities are satisfied in full.
12.2.8 Such amount will be in each case the actual cash value agreed upon as the loss to the City resulting from the Contractor's default.
12.2.9 Disputes, claims and matters in question arising out of or relating to the interpretation or implementation of Article 12 shall be submitted and resolved in accordance with paragraph 8.4.
ARTICLE 13 - WARRANTY AND GUARANTEE; TEST AND INSPECTIONS; CORRECTION,
REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK
13.1 Warranty and Guarantee
13.1.2 Contractor warrants and guarantees to City that all materials and equipment will be unless otherwise specified, all work will be of good quality, free from faults or defects, in accordance with the requirements of the Contract Documents and of any inspections, tests or approvals referred to in paragraph 13.2. All unsatisfactory work, all faulty or defective work, and all work not conforming to the requirements of the Contract Documents at the time of acceptance thereof or of such inspections, tests or approvals shall be considered defective. All defective work, whether or not in place, may be rejected, corrected or accepted as the City may direct.
13.2 Tests and Inspections
13.2.1 If laws, ordinances, rules, regulations or orders of any public authority having jurisdiction require any work to be specifically inspected, tested or approved by some public body, Contractor shall assume full responsibility therefore, pay all costs in connection therewith, and furnish the Project Manager with the required certificates of inspection, testing or approval. All other inspections, tests and approvals required by the Contract Documents shall be performed by City and the costs be paid by City unless otherwise specified.
13.2.2 Contractor shall give Project Manager and Architect timely notice of readiness of the work for all inspections, tests or approvals. If any such work required so to be inspected, tested or approved is covered before such inspections, tests, or approvals are made, without written approval of the Project Manager, it must, if requested by the Project Manager or Architect, be uncovered for observation, and such uncovering and replacement shall be at Contractor's expense.
13.2.3 Neither observations by Project Manager and Architect nor inspections, tests or approvals shall relieve Contractor from his obligations to perform the work in accordance with the requirements of the Contract Documents.
13.2.4 Any defective work, which may be discovered before final acceptance of the work, shall be corrected immediately by the Contractor, and any unsatisfactory materials shall be rejected, notwithstanding that they may have been overlooked by an inspector. The inspection of the workshall not relieve the Contractor of any of his obligations to perform satisfactory work as herein prescribed.
13.2.5 Failure or neglect on the part of the City or any of its authorized agents to condemn or reject bad or inferior work or materials shall not be construed to imply an acceptance of such work or materials if it becomes evident at any time prior to final acceptance of the work; neither shall it is construed as barring the City at any subsequent time from recovery of damages or of such a sum of money as may be needed to build all portions of the work in which fraud was practiced or improper materials used whenever found.
13.3 Access to Work
13.3.1 The City and its representative and the Architect and his representatives will at all times have access to the work. Contractor shall provide proper and safe facilities for such access and observation of the work and also for any inspection or testing thereof by others.
13.4 Uncovering the Work
13.4.1 Work, which is supposed to be tested prior to covering or inspecting, and which has been covered prior to testing or inspection must, if requested by Project Manager or Architect, be uncovered for observation and replaced at Contractor's expense.
13.4.2 The Project Manager may request any work to be uncovered and inspected and tested. If such work is found to be defective, Contractor shall bear the expense of uncovering, exposure, inspection, testing, correction and recovering. If the work is not found to be defective, Contractor shall be allowed an increase in contract price and, if necessary, an extension of time to cover all-time and cost expended. Such increase and extension shall be granted pursuant to Articles 10, 11, and 12.
13.5 City May Stop the Work
13.5.1 If the work is defective, or Contractor fails to supply sufficient skilled workmen or suitable materials or equipment, or if Contractor fails to make prompt payments to subcontractors or for labor, materials or equipment, City may order Contractor to stop the work, or any portion thereof, until the cause for such order has been eliminated. This right of City to stop the work shall not give rise to any duty on the part of City to exercise this right for the benefit of Contractor or any other party.
13.6 Correction or Removal of Defective Work
13.6.1 The Project Manager may require the Contractor, prior to approval of final payment, without cost to City and as specified by Project Manager, to either correct any defective work, whether or not fabricated, installed or completed, or, if the work has been rejected by Project Manager or Architect, remove it from the site and replace it with nondefective work. If Contractor does not correct such defective work or remove and replace such rejected work within a reasonable time, all as specified in a written notice from Project Manager, City may have the deficiency corrected or the rejected work removed and replaced by other persons. All direct or indirect costs of such correction or removal and replacement, including compensation for additional professional services, shall be paid byContractor.
Contractor shall also bear the expenses of making good all work of others destroyed or damaged by his correction, removal or replacement of his defective work.
13.6.2 The Contractor shall remove from the site within 48 hours, when so directed by the Project Manager, any materials which are not in conformance with the Contract Documents.
13.7 One Year Correction Period
13.7.1 If, after the approval of final payment and prior to the expiration of one year after the date of Notice of Completion or such longer periods of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents, any work is found to be defective, Contractor shall promptly, without cost to City and in accordance with City's written instructions, either correct such defective work, or, if it has been rejected by City, remove it from the site and replace it with nondefective work. If Contractor does not promptly comply with the terms of such instructions, City may have the defective work corrected or the rejected work removed and replaced by other persons and all direct and indirect costs of such removal and replacement, including compensation for additional professional services, shall be paid by Contractor. The requirements of this paragraph shall be cumulative with such other indemnification, warranties and guarantees as provided by the Contract Documents, at law and in equity, and shall not be deemed a limitation of any sort on the rights and remedies of the City against the Contractor
13.7.1.1 The warranties, extended warranties and guarantees in these General Conditions and in the Specification shall be cumulative with such other indemnification, warranties and guarantees as provided by the Contract Documents, or at law or in equity, and shall be deemed a limitation of any sort on the rights and remedies of the City against the Contractor.
13.8 Acceptance of Defective Work
13.8.1 If, instead of requiring correction or removal and replacement of defective work, City prefers to accept it, it may do so. In such case, if acceptance occurs prior to approval of final payment, a change order shall be issued incorporating the necessary revisions in the Contract Documents, including appropriate reduction in the contract price; or, if the acceptance occurs after approval of final payment, an appropriate amount shall be paid by Contractor to City.
13.9 Work Neglected by Contractor
13.9.1 If Contractor fails to prosecute the work in accordance with the Contract Documents, including any requirements of the construction schedule, City may give Contractor written notice. Contractor shall respond to City within 24 hours' receipt of said notice, and conform to said notice within 7 days.
City may, without prejudice to any other remedy it may have, make good deficiencies, and the cost thereof (including compensation for additional professional services) shall be charged against Contractor. If the payments then or thereafter due Contractor are not sufficient to cover such amount, Contractor shall pay the difference to City.
ARTICLE 14 - PAYMENTS AND COMPLETION
14.1 Schedules:
14.1.1 Work Schedule and activity cost data developed in connection therewith as described in the General Requirements. No progress payment will be made until after the Schedule has been updated as of the date of application. The activity cost data will be incorporated into the form of Application for Payment furnished by the City.
14.2 Application for Progress Payment:
14.2.1 Once a month Contractor shall submit to Project Manager for review an Application for Payment filled out and signed by Contractor covering the work completed as of the date of the application and accompanied by such data, vouchers and schedules as may reasonably be required.
No payment shall be made for any work or material not specifically incorporated in the project, except equipment purchased by Contractor, delivered to and stored in a bonded warehouse acceptable to the Owner. Payment for 95% of the invoiced value of such equipment may be made, subject to the inspection by and approval of the Owner. Equipment that qualified for such payment while not incorporated into the work, is limited to: special order transformers, generators, pumps, valves, and motors. Items which are "stock" or "off the shelf" which are readily available are not, under any circumstances, eligible for payment under this provision.
14.2.2 Mobilization, bonds, and insurance premiums will be paid as part of the first progress payment if these costs are identified as part of the cost allocation required under General Requirements, Section 01310. Each subsequent Application for Payment shall include an affidavit of Contractor stating that all previous progress payments received on account of the work have been applied to discharge in full all of Contractor's obligations reflected in prior Applications for Payment and otherwise. Failure to submit any data and affidavits as may be required by this paragraph shall be grounds for rejection of the Application for Payment. This payment will be made pursuant to paragraph 14.11
14.3 Contractor's Warranty of Title:
14.3.1 Contractor warrants and guarantees that title to all work, materials and equipment covered by any Application for Payment, whether incorporated in the project or not, will pass to City at the time of payment, free and clear of all liens, claims, security interests and encumbrances (hereinafter in these General Conditions referred to as "liens"). The City may, at any time, require the Contractor to post, at Contractor's expense, a lien release bond as to any lien filed against the project.
14.4 Approval of Payments:
14.4.1 The Project Manager will, within fifteen days after receipt of each Application for Payment, either indicate in writing his approval for payment or return the application to Contractor indicating his reasons for refusing to approve payment. City shall, within 30 days of presentation to it of an approved Application for Payment, review said application and if found acceptable in form and amount, pay Contractor the amount approved.
14.4.2 The City will pay 95% of the amount due the Contractor as progress payments. The remaining monies will be paid pursuant to paragraph 14.9.1.
14.4.3 The Contractor may elect to receive 100% of payments due under the contract from time to time, without retention of any portion of the payment by the public agency, by depositing securities of equivalent value with the public agency in accordance with the provisions of Section 4590 of the Government Code. Such securities, if deposited by the Contractor, shall be valued by the public agency's Finance Director (Treasurer), whose decision on valuation of the securities shall be final.
14.4.4 The granting of any progress payment, or the receipt thereof by the Contractor, shall not constitute acceptance of the work or any portion thereof, and shall in no way lessen the liability of the Contractor to replace unsatisfactory work or material, though the unsatisfactory character of such work or material may not have been apparent or detected at the time such payment was made.
14.4.5 It is mutually understood and agreed that when under any provision of this contract the City shall charge any sum of money against the Contractor, the amount of such charge shall be deducted and retained by the City from the amount of the next succeeding progress estimate, or from anyother moneys due or that may become due the Contractor on account of the contract. If on completion ortermination of the contract such moneys due the Contractor are found insufficient to cover the City's charges against him the City shall have the right to recover the balance from the Contractor or his sureties.
14.4.6 The City may withhold up to 125% of the estimated cost of remedial work from payments otherwise due the Contractor, if in the judgment of the Project Manager or Architect the Contractor has failed to make satisfactory progress on the completion of remedial work, or is otherwise in violation of any requirement, duty, obligation or covenant contained in the Contract Documents. Such withholding is supplementary to the retention amount required by these Contract Documents.
14.4.7 City may refuse to approve the whole or any part of any payment because of subsequently discovered evidence, change in circumstances or the results of subsequent inspections or tests, and may nullify any such payments previously approved to such extent as may be necessary in their opinion to protect City from loss, because:
14.4.7.1 the work is defective, or completed work has been damaged requiring correction or replacement;
14.4.7.2 claims or liens have been filed, or there is reasonable cause to believe such may be filed;
14.4.7.3 the contract price has been reduced because of modification;
14.4.7.4 City has been required to correct defective work or complete the work;
14.4.7.5 of unsatisfactory prosecution of the work including failure to furnish acceptable submittals; or
14.4.7.6 the Contractor has failed to comply with the Contract Documents, direction of City or with the requirements of the law.
14.5 Notice of Completion:
14.5.1 Contractor will certify in writing to City, prior to final payment, that the entire project is substantially complete and request that City issue a Notice of Completion. Within a reasonable time thereafter, Project Manager, Contractor, and Architect/Engineer shall make a review of completeness. If Project Manager does not consider the project substantially complete, Project Manager will notify Contractor in writing giving his reasons. If Project Manager considers the project substantially complete, Project Manager will prepare a provisional Notice of Completion which shall fix the tentative date of Substantial Completion and the responsibilities for maintenance and utilities.
There shall be attached to the provisional certificate a list of items to be completed or corrected before final payment, and the provisional certificate shall fix the time within which such items be completed or corrected, said time to be within the contract time. Section 01700 shall apply to this paragraph.
14.5.2 Contractor shall have seven days after receipt of the provisional certificate during which he may make written objection to Project Manager as to any provisions of the provisional certificate or attached list. If, after considering such objection, Project Manager concludes that the project is not substantially complete, Project Manager will within seven days after submission of the objection notify Contractor thereof in writing stating the reasons. Upon Contractor's completion of the items listed on the provisional certificate, and upon satisfaction of the terms and conditions of the provisional certificate, the Project Manager shall issue a final Notice of Completion, which shall fix date as may be necessary or appropriate. Project Manager's determination of the date of Substantial Completion and other items under this paragraph shall be final and conclusive on Contractor. Section 01700 shall apply to this paragraph.
14.5.3 Project Manager shall have the right to exclude Contractor from the project site after the date of Substantial Completion, but Project Manager shall allow Contractor reasonable access to complete punch list items or perform correction and warranty work.
14.6 Partial Utilization:
14.6.1 Prior to final payment, Project Manager may request Contractor in writing to permit City to use a specified part of the project which it believes it may use without significant interference with construction of the other parts of the project. If Contractor agrees, it will certify to Project Manager and Architect that said part of the project is substantially complete and request Project Manager to issue a certificate of Substantial Completion for that part of the project. Within a reasonable time thereafter Project Manager, Contractor and Architect shall make an inspection of that part of the project to determine its status of completion. If Project Manager determines that such part is substantially complete, Project Manager shall issue a Certificate of Substantial Completion. If Project Manager does not consider that it is substantially complete, Project Manager will notify Contractor thereof in writing, giving its reasons. In case of partial utilization by the City, the provisions of General Requirements Section 01700 will govern with respect to the responsibilities of Contractor and City.
14.6.2 Partial utilization shall not limit any warranty or guarantee by the Contractor, nor shall it constitute a waiver of any right of the City, its successors or assigns.
14.7 Final Inspection:
14.7.1 The Contractor shall give written notice that the project is complete. Project Manager and Architect will make a final review of completeness with Contractor, and will notify Contractor in writing of all particulars in which this review reveals that the work is incomplete or defective. Contractor shall immediately take such measures as are necessary to remedy such deficiencies.
14.8 Final Application for Payment:
14.8.1 The Contractor shall complete all such corrections to the satisfaction of the Project Manager and deliver all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection and other documents required by the Contract Documents or by the Project Manager. He may then make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied by such data as the Project Manager may reasonably require, together with complete releases - waivers of liens in a form satisfactory to the Project Manager. Contractor shall also be required to furnish receipts or releases in full; and affidavit that the releases and receipts include all labor, all payrolls, material and equipment for which a lien could be filed, and that all payrolls, material and equipment bills, and other indebtedness connected with the work for which City or his property might in any way be responsible, have been paid or otherwise satisfied; and consent of the Surety to final payment. If any subcontractor, material man, fabricator or supplier fails to furnish a release or receipt in full, Contractor may be required at Project Manager's sole discretion to furnish a bond or other collateral satisfactory to Project Manager to indemnify City against any lien, stop notice, or any other loss or liability. This payment is made pursuant to paragraph
14.11 and Section 01700.
14.9 Approval of Final Payment:
14.9.1 If, on the basis of observation and review of the work during construction, final inspection and review of the final Application for Payment, as required by the Contract Documents, Project Manager is satisfied that the work has been fully and satisfactorily completed and that Contractor has fulfilled all his obligations under the Contract Documents, Project Manager will file a Notice of Completion and, within fifteen days after receipt of the final Application for Payment, approved by Project Manager, indicate in writing its approval for payment.
14.9.2 If, on the basis of observation and review of the work during construction, final inspection and review of the final Application for Payment, as required by the Contract Documents, Project Manager is not satisfied that the work has been fully and satisfactorily completed, and that Contractor has not fulfilled all his obligations under the Contract Documents, Project Manager will, within fifteen days after receipt of the final Application for Payment, indicate in writing his disapproval for payment.
Thereupon Project Manager will give written notice to Contractor indicating in writing the reasons for refusing to approve final payment, in which case Contractor shall make the necessary corrections and resubmit the Application.
14.9.3 City shall make payment, including retention, to Contractor, pursuant to an approved final application for Payment, within 15 days of its approval, or on the 30th day following the recording of the Notice of Completion, whichever date is later. The approval and payment procedures described in paragraphs 14.10, 14.11, and 11.4 shall apply to this paragraph.
14.9.4 The Contractor and each assignee under any assignment in effect at the time of final payment shall, if required by the Project Manager, execute and deliver at the time of final payment and as a condition precedent to final payment, a release in form and substance satisfactory to and containing such exemptions as may be found appropriate by the City, discharging the City, Project Manager, and their elected officials, officers, agents, and employees of and from all liabilities, obligations and claims arising under this contract.
14.10 Contractor's Continuing Obligation:
14.10.1 Contractor's obligation to perform the work and complete the project in accordance with the Contract Documents shall be absolute. Neither approval of any progress or final payment by City, nor the issuance of a Notice of Completion, nor any payment by City to Contractor under the Contract Documents, nor any use or occupancy of the project by City shall constitute an acceptance of work not in accordance with the Contract Documents.
14.11 Waiver of Claims:
14.11.1 The making and acceptance of each progress payment and of final payment shall constitute a waiver of all prior claims by Contractor against City which have not been brought to the notice of the City as provided in the Contract Documents.
14.11.2 If any claim or lien or stop-notice or any other demand for payment or security therefore, including claims or demands upon the performance and payment bond sureties, is made or filed with or against City, the project or the premises by any person claiming that Contractor or any subcontractor or other person under it has failed to perform its contractual obligations or to make payment for any labor, services, materials equipment, taxes or other items or obligations furnished or incurred for or in connection with the work, or if at any time there shall be evidence of such nonperformance or non- payment or of any claim or lien or stop-notice or other demand for which, if established, City might become liable and which is chargeable to Contractor; or if Contractor or any subcontractor or other person under it causes damage to the work or to any other work on the project; or if the Contractor fails to perform or is otherwise in default under any of the terms or provisions of the Contract Documents, the Project Manager shall have the right to retain from any payment then due or thereafter to become due an amount which in his sole discretion he deems sufficient to:
14.11.2.1 satisfy, discharge and defend against any such claim or lien or stop-notice or other demand, or any action which may be brought or judgment which may be recovered thereon;
14.11.2.2 make good any such non-payment, nonperformance, damage, failure or default;and
14.11.2.3 compensate City for and indemnify it against any and all losses, liability, damages, costs and expenses (including attorneys', accountants', consultants' and experts' fees and costs) which may be sustained or incurred in connection therewith.
14.11.3 City shall have the right to apply and charge against Contractor as much of the amount retained as may be required for the foregoing purposes. If the amount retained is insufficient therefore, Contractor shall be liable for the difference and upon written demand immediately pay the same to the City. The provisions of this paragraph are in addition to such other rights and entitlements as the City may enjoy against Contractor as elsewhere provided in the Contract Documents, and at law and in equity.
14.11.4 Should any subcontractor, material man, supplier or other such person file or maintain any action on or respecting a claim of mechanic's lien, stop-notice, against payment or performance bond, Contractor shall immediately and at his own expense procure, furnish and record appropriate release bonds in accordance with California Civil Code Section 8000 et. seq., and California Code of Civil Procedure Sections 405 through 405.24, inclusive. Upon Contractor's failure immediately to procure, furnish and record such release bonds, City shall have right to procure and record such release bonds, and to retain from Contractor's payment the cost thereof. The provisions of this paragraph are in addition to such other rights and entitlements as enjoyed by the City against Contractor as elsewhere provided in the Contract Documents, and at law and in equity.
14.12 Price Reduction For Defective Cost or Pricing Data
14.12.1 If the Owner determines that any price (including profit) negotiated in connection with the contract, or any cost reimbursable under this contract, was increased by any significant sums because the Contractor, or any subcontractor furnished incomplete or inaccurate cost or pricing data or data not current, then such price or cost or profit shall be reduced accordingly and the contract shall be modified in writing to reflect such reduction. Failure to agree on a reduction shall be subject to the Disputes Resolution clause of this contract.
14.12.2 Since the contract is subject to reduction under this clause by reason of defective cost or pricing data submitted in connection with certain subcontracts, the Contractor may wish to include a clause in each such subcontract requiring the subcontractor to appropriately indemnify the Contractor. It is also expected that any subcontractor subject to such indemnification will generally require substantially similar indemnification for defective cost or pricing data required to be submitted by his lower tier subcontractors.
14.13 Covenant Against Contingent Fees
14.13.1 The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercialor selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this warranty the City shall have the right to annul this contract without liability or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee.
14.14 Gratuities
14.14.1 If the Owner finds, after notice and hearing, that the Contractor or any of the Contractor's agents or representatives offered or gave gratuities (in the form of entertainment, gifts, or otherwise) to any official, employee, or agent of the Owner in an attempt to secure a contract or favorable treatment in the awarding, amending, or making any determinations related to the performance of this contract, the City may, by written notice to the Contractor, terminate the right of the Contractor to proceed under this contract. The City may also pursue other rights and remedies that the law or this contractprovides. However, the existence of the facts upon which the City makes such findings shall be in issue and may be reviewed in proceedings under the remedy clause of this contract.
14.14.2 In the event this contract is terminated as provided in this clause, the City shall be entitled (1) to pursue the same remedies against the Contractor as it could pursue in the event of a breach of the contract by the Contractor, and (2) as a penalty in addition to any other damages to which it may be entitled by law, to exemplary damages in an amount (as determined by the City) which shall be not less than 3 nor more than 10 times the costs the Contractor incurs in providing any such gratuities to any such officer or employee.
ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION
15.1 City May Suspend Work
15.1.1 The City may, at any time and without cause, suspend the work or any portion thereof by notice in writing to Contractor. Contractor shall resume the work when so ordered in writing by City.
15.2 City May Terminate
15.2.1 The City may, without prejudice to any other right or remedy and after giving Contractor and his Surety seven calendar days written notice, terminate the services of Contractor and take possession of the project and of all materials, equipment, tools, construction equipment and machinery thereon owned by Contractor, and finish the work by whatever method it may deem expedient, if the Contractor is adjudged as bankrupt or insolvent, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for Contractor or for any of his property, or if he files a petition to take advantage of any debtor's act, or to reorganize under the bankruptcy or similar laws, or if he fails to supply sufficient skilled workmen or suitable materials or equipment, or if he fails to make prompt payments to subcontractors or for labor, materials or equipment or if he disregards laws, ordinances, rules, regulations or orders of any public body having jurisdiction, or if he disregards the authority of Project Manager, or if he otherwise violates any provisions of the Contract Documents. In such case Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the contract price exceeds the direct and indirect costs of completing the project, including compensation for additional professional services, such excess shall be paid to Contractor. If the costs exceed such balance, Contractor shall pay the difference to City.
15.2.2 The termination of the Contractor's services by the City shall not affect any rights of the City against the Contractor then existing or which thereafter accrue. The retention of any payment of money by City due Contractor will not release the Contractor from liability.
15.2.3 The City may, after seven calendar days' written notice to Contractor, without cause and without prejudice to any other right or remedy, elect to abandon the project and terminate the agreement. In such case, Contractor shall be paid for all work then executed, any expense sustained, plus a reasonable profit.
15.2.4 The Contractor may not, under any condition, terminate or stop work because of a dispute, claim or any matter in controversy under the Contract Documents, then under submission, or previously resolved by a final and conclusive decision under paragraph 8.4.
ARTICLE 16 - MISCELLANEOUS
16.1 Giving Notice
16.1.1 Notice shall be deemed to have been validly given if delivered in writing to the individual or member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to him who gives the notice. Notice shall be effective as of the date of personal service or mailing.
16.2 General
16.2.1 All moneys not paid when due hereunder shall bear interest at the rate of 7% annually.
16.2.2 All specifications, drawings, and copies thereof furnished by the Architect shall be the property of City. They shall not be used on another project, and, with the exception of those sets that have been signed in connection with the execution of the Agreement, shall be returned to the City on request upon completion of the project.
16.2.3 The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon Contractor by the General Conditions and the rights and remedies available to City and Project Manager thereunder, shall be in addition to, and shall not be construed in any other way as a limitation of, any rights and remedies available to them which are otherwise imposed or available by law, by special guarantee or by other provisions of the Contract Documents.
16.2.4 Should City or Contractor suffer injury or damage to his person or property because of any error, omission or act of the other or any of his employees or agents or others for whose acts he is legally liable, notice of said injury shall be made in writing to the City within five days of the first observance of such injury or damage.
16.2.5 The Contract Documents shall be governed by the laws of the State of California. In case any provision of the Contract Documents, including without limitation these General Conditions, shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any other way be affected or impaired.
16.2.6 No waiver by City of any provision of the Contract Documents, including without limitations these General Conditions, shall constitute a waiver of any other provision thereof.
16.2.7 The waiver of any instance is not a waiver in the second instance.
ARTICLE 17 - EQUAL OPPORTUNITY
17.1 The Contractor shall maintain policies of employment as follows:
17.1.2 The Contractor and all subcontractors shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, or national origin. The Contractor shall take affirmative action to insure that applicants are employed, and that employees are treated during employment without regard to race, religion, color, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the policies of nondiscrimination.
17.2 See also Federal, State, County, and City requirements in - SUPPLEMENTARY CONDITIONS.
SUPPLEMENTARY CONDITIONS
1. Statements and Payrolls
1.1 The Contractor and each subcontractor shall preserve his payroll records for a period of three years from the date of completion of this contract.
1.2 The Contractor shall submit weekly a copy of all payrolls to the Project Manager. The copy shall be accompanied by a statement signed by the employer or his agent indicating that the payrolls are correct and complete and that the wage rates contained therein are not less than those determined by the Department of Industrial Relations. The Contractor and subcontractor may use standard forms furnished by the Project Manager or any other form approved by the Project Manager. The Contractor shall be responsible for the submission of copies of payrolls of all subcontractors.
1.3 The payrolls and payroll records shall contain the full name, address and social security number of each employee, his correct classification, rate of pay, daily and weekly number of hours worked, itemized deductions made and actual wages paid. They shall also indicate apprentices and ratio of apprentices to journeymen. The employees' address and social security number need only appear on the first payroll on which his name appears.
1.4 If, on or before the 20th of the month, the Contractor has not submitted satisfactory payrolls for all work performed during the monthly period ending on or before the 6th of that month, the Owner will retain an amount equal to 5 percent of the estimated value of the work performed during the month from the next monthly estimate, except that such retention shall not exceed $10,000 nor be less than $1,000. Retention for failure to submit satisfactory payrolls shall be additional to all other retention’s provided for in this contract. The retention for failure to submit payrolls for any monthly period will be released for payment on the monthly estimate for partial payments next following the date that all the satisfactory payrolls for which the retention was made are submitted.
2. Accident Prevention
2.1 Precautions shall be exercised at all times for protection of persons (including employees) and property. These shall include, but not be limited to, installation of adequate safety guards and protective devices for all equipment and machinery, whether used in the performance of work or permanently installed as part of the work. Contractor shall comply with all applicable laws relating to safety precautions, including safety regulations of CAL-OSHA.
2.2 Where conditions of the work present unreasonable risk or death to persons, or property damage, in the judgment of the Owner, it may direct Contractor at his sole expense, to close down the work and not commence work again until the hazardous condition is eliminated.
2.3 Nothing herein shall be deemed to allow use of shoring, sloping or protective system less effective than that required by the Construction Safety Orders of CAL-OSHA.
3. Air Pollution - State Requirements
3.1 In connection with Public Contracts Code Section 10231, Contractor and his subcontractors shall comply with all air pollution control rules, regulations, ordinances, and statutes which apply to any work performed pursuant to the contract, including any air pollution control rules, regulations, ordinances, and statutes specified in Government Code Section 11017. Fugitive Dust Permit and construction emission dust/control plan will be required by the Tehama County Air Pollution Control District (TCAPCD). They advised that open burning without a permit is restricted.
4. Anti-Trust Claims
4.1 By execution of this contract, Contractor agrees to and does hereby assign to awarding body all right, title, and interest in and to all causes of action it may have under the Clayton Act (15 U.S.C.
Sec. 15) Section 4 or under the Cartwright Act (Business and Professions Code) Section 16700 et. seq., arising from purchases of goods, services, or materials made in performance of this contract.
The parties shall deem this assignment effective at the time of the tender of final payment to Contractor without further acknowledgment. Contractor shall include, or cause to be included, similar provision in any subcontract entered into for any part of the work of this contract.
5. Anti-Kick Back
5.1 The Contractor must comply with the provisions in the Copeland "Anti-Kick Back Act" (18 USC 874) as supplemented in Department of Labor Regulations (29 CFR, Part 3). This Act provides that each contractor 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.
6. Equal Opportunity - Federal Requirements
6.1 Selection of Labor: During the performance of this contract, the Contractor shall not discriminate against labor from any other State, possession or territory of the UnitedStates.
6.2 Employment Practices: During the performance of this contract, Contractor agrees as follows:
a. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contract will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoffs or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Owner setting forth the provisions of this nondiscrimination clause.
b. The Contractor will, in all solicitation or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex or national origin. c. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the Owner advising the said labor union or workers' representative of the Contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. d. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations (41 CRF, Part 60) andrelevant orders of the Secretary of Labor.
e. The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations and order of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders.
f. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations or orders, this contract may be canceled, terminated or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts of Federally-assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by law.
g. The Contractor will include the provisions of this Section in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor.
No otherwise qualified handicapped individual in the United States as defined in Section 7 (5) of the Rehabilitation Act of 1973 (P.L. 93-112) shall, solely by reason of his handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under this contract.
6.3 Air Pollution - Federal Requirements: The Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970.
6.4 Assurance of Minority Business Enterprise Participation
6.4.1 The bidder's execution of the signature portion of this proposal shall also constitute execution of this assurance.
6.4.2 The bidder hereby gives assurance pursuant to the requirements of the code of federal regulations, that bidder has made a reasonable effort to employ Minority Business Enterprises.
Bidder further gives assurance that bidder will submit the documentation listing Minority Business Enterprises with which the bidder will subcontract if the contract is awarded to bidder and if bidder is unable to obtain MBE participation, of the steps bidder has taken to obtain MBE participation.
7. Fair Employment Practices - State Requirements
7.1 In connection with the performance of work under this contract, Contractor agrees as follows:
a. Contractor will not willfully discriminate against any employee or applicant for employment because of race, color, religious creed, physical handicap, medical condition, marital status, ancestry, sex or national origin. Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, ancestry, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the awarding authority setting forth the provision of this Fair Employment Practices section.
b. Contractor will send to each labor union or representative of workers with which he has collective bargaining agreement or other contract or understanding, a notice, to be provided by awarding authority, advising said labor union or workers' representative of Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
c. Contractor will permit access to his records of employment, employment advertisements, application forms and other pertinent data and records by the Fair Employment and Housing Commission, awarding authority or any other appropriate agency of the State of California designated by awarding authority for purposes of investigation to ascertain compliance with Fair Employment Practices section of this contract. d. A finding of willful violation of the Fair Employment Practices section of this contract or of the Fair Employment and Housing Act shall be regarded by awarding authority as a basis for determining Contractor to be not a "responsible bidder" as to future contracts for which such Contractor may submit bids, for revoking the Contractor's prequalification rating, ifany, and for refusing to establish, re-establish or re prequalification rating for the Contractor.
Contractor shall immediately notify Awarding Authority if it the Fair Employment and Housing Commission has determined that a complaint alleging that Contractor has violated the Fair Employment and Housing Act is valid. Contractor shall immediately provide to Awarding Authority any agreement Contractor entered into under Government Code section 12964 and immediately notify Awarding Authority of any civil action brought against Contractor pursuant to Government Code section 12964.
Awarding authority shall deem a finding of willful violation of the Fair Employment and Housing Act to have occurred upon receipt of notice any such notice from Contractor, the Fair Employment and Housing Commission, and or Superior or Federal Court.
Upon receipt of such written notice, Awarding authority shall notify Contractor that unless he demonstrates to the satisfaction of Awarding authority within a stated period that the violation has been corrected, his prequalification rating will be revoked at the expiration of such period.
e. Contractor agrees, that should the awarding authority determine the Contractor has not complied with the Fair Employment Practices section of this contract, then pursuant to Labor Code Sections 1735 and 1775, Contractor shall, as a penalty to the awarding authority, forfeit, for each calendar day, or portion thereof, for each person who was denied employment as a result of such non-compliance, the penalties provided in the Labor Code for violation of prevailing wage rates. Such moneys may be recovered from Contractor.
Awarding authority may deduct any such damages from any moneys due Contractor from the State of California.
f. Nothing contained in this Fair Employment Practices Section shall be construed in any manner or fashion so as to prevent awarding authority of the State of California from pursuing other remedies that may be available at law.
Nothing contained in this Fair Employment Practices section shall be construed in any manner or fashion so as to require or permit hiring of an employee not permitted by the National Labor Relations Act.
g. Prior to award of the contract, Contractor shall certify to awarding authority that he has or will meet the following standards for affirmative compliance, which shall be evaluated in each case by awarding authority:
(1) Contractor shall provide evidence, as required by the awarding authority, that he has notified all supervisors, foremen, and other personnel officers in writing of the content of the anti-discrimination clause and their responsibilities under it. (2) Contractor shall provide evidence, as required by awarding authority, that he has notified all sources of employee referrals (including unions, employment agencies, advertisements, Department of Employment Development) of the content of the antidiscrimination clause. (3) Personally, or through his representative, Contractor shall, through negotiations with unions with whom he has agreements, attempt to develop an agreement, which will:
(a) Spell out responsibilities for non-discrimination in hiring, referral, upgrading and training.
(b) Otherwise implement an affirmative anti-discrimination program in terms of the unions' specific areas of skill and geography, to the end that qualified minority workers will be available and given equal opportunity for employment. (4) Contractor shall notify contracting agency of opposition to the anti-discrimination clause by individuals, firms or organizations during the period of its prequalification. h. Contractor shall include the provisions of the foregoing paragraphs (a) through (g) in every first tier subcontract, so that such provisions will be binding upon each such subcontractor.
8. Additional Division of Labor Standards Enforcement Requirements
8.1 On each job site that is subject to compliance monitoring and enforcement by the Department of Industrial Relations, the prime contractor is required to post job site notices prescribed by regulation (See 8 Calif. Code Reg. §16451(d).
8.2 All contractors and subcontractors must furnish electronic certified payroll records directly to the Labor Commissioner (AKA Division of Labor Standards Enforcement) in compliance with California Labor Code Section 1776, with exceptions as specified in Labor Code section 1771.4(a)(4).
SPECIFICATIONS:
The Lennox Park Soccer Field covers roughly 100,000 SF of turf playing surface. The Contractor shall furnish all labor, materials, equipment, and incidentals necessary to prepare and hydroseed approximately 100,000 square feet of the soccer field.
1. Preparing the Field
a. Treat weeds and clover with a selective herbicide and clean the site prior to application. b. Inspect and test the irrigation system and provide a written report. Perform authorized repairs on a time-and-material basis.
c. Install approximately 2 inches of topsoil and incorporate soil amendments to produce a suitable seedbed.
2. Hydroseed Application
a. Apply approved seed, fertilizer, mulch, and tackifier suitable for athletic fields. b. Material: See Turf Spec
3. Post-Application
a. Maintain the field for 60 days, including irrigation monitoring, mowing, weed control, fertilization, and reseeding bare areas as needed
b. Provide a one-year warranty on workmanship and materials.
Lennox Field Rehabilitation Project
Corning, California
SOIL PREPARATION
PART 1 - GENERAL
1.1 SUMMARY
A. Section includes topsoil and soil amendments specified by composition of the mixes.
1.2 DEFINITIONS
A. Duff Layer: A surface layer of soil, typical of forested areas, that is composed of mostly decayed leaves, twigs, and detritus.
B. Imported Soil: Soil that is transported to Project site for use.
C. Manufactured Soil: Soil produced by blending soils, sand, stabilized organic soil amendments, and other materials to produce planting soil.
D. Planting Soil: Existing, on-site soil; imported soil; or manufactured soil that has been modified as specified with soil amendments and perhaps fertilizers to produce a soil mixture best for plant growth.
E. Subgrade: Surface or elevation of subsoil remaining after excavation is complete, or the top surface of a fill or backfill before planting soil is placed.
F. Subsoil: Soil beneath the level of subgrade; soil beneath the topsoil layers of a naturally occurring soil profile, typified by less than 1 percent organic matter and few soilorganisms.
G. Surface Soil: Soil that is present at the top layer of the existing soil profile. In undisturbed areas, surface soil is typically called "topsoil"; but in disturbed areas such as urban environments, the surface soil can be subsoil.
H. USCC: U.S. Composting Council.
1.3 PREINSTALLATION MEETINGS
A. Preinstallation Conference: Conduct conference at Project Site.
1.4 ACTION SUBMITTALS
A. Product Data: For each type of product.
1.5 INFORMATIONAL SUBMITTALS
A. Field quality-control reports.
Lennox Field Rehabilitation Project
Corning, California
1.6 QUALITY ASSURANCE
A. Testing Agency Qualifications: An independent, state-operated, or university-operated laboratory; experienced in soil science, soil testing, and plant nutrition; with the experience and capability to conduct the testing indicated; and that specializes in types of tests to be performed.
PART 2 - PRODUCTS
2.1 PLANTING SOILS SPECIFIED BY COMPOSITION
A. Planting-Soil Type where indicated on site plan: Existing on-site surface soil with the duff layer, if any, retained and stockpiled on-site; modified to produce viable planting soil. Blend existing, on-site surface soil and imported topsoil with the following soil amendments and fertilizers in the following quantities to produce planting soil:
1. Ratio of Loose Compost to Soil: per soils report
2. Ratio of Loose Peat to Soil: per soils report
3. Ratio of Loose Wood Derivatives Soil: per soils report
4. Weight of Lime: per soils report
5. Weight of : per soils report
6. Weight of Agricultural Gypsum: per soils report
7. Weight of Superphosphate: per soils report
8. Weight of Commercial Fertilizer: per soils report
9. Weight of Slow-Release Fertilizer: per soils report
B. Topsoil Type : Imported, naturally formed soil from off-site sources and consisting of soil according to USDA textures; and modified to produce viable top soil.
1. Sources: Take imported, unamended soil from sources that are naturally well-drained sites where topsoil occurs at least 4 inches deep, not from agricultural land, bogs, or marshes; and that do not contain undesirable organisms; disease-causing plant pathogens; or obnoxious weeds and invasive plants including, but not limited to, quackgrass, Johnsongrass, poison ivy, nutsedge, nimblewill, Canada thistle, bindweed, bentgrass, wild garlic, ground ivy, perennial sorrel, and bromegrass.
2. Additional Properties of Imported Soil before Amending: Soil reaction of [pH per soils report] and minimum of [number per soils report] percent organic-matter content, friable, and with sufficient structure to give good tilth and aeration.
3. Unacceptable Properties: Clean soil of the following:
a. Unacceptable Materials: Concrete slurry, concrete layers or chunks, cement, plaster, building debris, oils, gasoline, diesel fuel, paint thinner, turpentine, tar, roofing compound, acid, and other extraneous materials that are harmful to plant growth.
b. Unsuitable Materials: Stones, roots, plants, sod, clay lumps, and pockets of coarse sand that exceed a combined maximum of 8 percent by dry weight of the imported soil.
c. Large Materials: Stones, clods, roots, clay lumps, and pockets of coarse sand exceeding 2 inches (50mm) in any dimension.
4. Amended Soil Composition: Blend imported, unamended soil with the following soil amendments and fertilizers in the following quantities to produce planting soil:
a. Ratio of Loose Compost to Soil: per soils report
b. Ratio of Loose Peat to Soil: per soils report
c. Ratio of Loose Wood Derivatives to Soil: per soils report Lennox Field Rehabilitation Project
Corning, California
d. Weight of Lime: per soils report
e. Weight of : per soils report
f. Weight of Agricultural Gypsum: per soils report
g. Weight of Superphosphate: per soils report
h. Weight of Commercial Fertilizer: per soils report
i. Weight of Slow-Release Fertilizer: per soils report
2.2 INORGANIC SOIL AMENDMENTS
A. Lime: ASTM C602, agricultural liming material containing a minimum of 80 percent calcium carbonate equivalent and as follows:
1. Class: T, with a minimum of 99 percent passing through a No. 8 (2.36-mm) sieve and a minimum of 75 percent passing through a No. 60 (0.25-mm) sieve.
2. Class: O, with a minimum of 95 percent passing through a No. 8 (2.36-mm) sieve and a minimum of 55 percent passing through a No. 60 (0.25-mm) sieve.
3. Form: Provide lime in form of ground dolomitic limestone.
B. Sulfur: Granular, biodegradable, and containing a minimum of 90 percent elemental sulfur, with a minimum of 99 percent passing through a No. 6 (3.35-mm) sieve and a maximum of 10 percent passing through a No. 40 (0.425-mm) sieve.
C. Iron Sulfate: Granulated ferrous sulfate containing a minimum of 20 percent iron and 10 percent sulfur.
D. Perlite: Horticultural perlite, soil amendment grade.
E. Agricultural Gypsum: Minimum 90 percent calcium sulfate, finely ground with 90 percent passing through a No. 50 (0.30-mm) sieve.
F. Sand: Clean, washed, natural or manufactured, free of toxic materials, and according to ASTM C33/C33M.
2.3 ORGANIC SOIL AMENDMENTS
A. Compost: Well-composted, stable, and weed-free organic matter produced by composting feedstock, and bearing USCC's "Seal of Testing Assurance," and as follows:
1. Feedstock:Reaction: [pH of 5.5 to 8]
3. Soluble-Salt Concentration: Less than 4 dS/m.
4. Moisture Content: 35 to 55 percent by weight.
5. Organic-Matter Content: 50 percent of dry weight.
6. Particle Size: Minimum of 98 percent passing through a 1-inch (25-mm) sieve.
B. Sphagnum Peat: Partially decomposed sphagnum peat moss, finely divided or of granular texture with 100 percent passing through a 1/2-inch sieve, a pH of 3.4 to 4.8, and a soluble-salt content measured by electrical conductivity of 5 dS/m.
C. Muck Peat: Partially decomposed moss peat, native peat, or reed-sedge peat, finely divided or of granular texture with 100 percent passing through a 1/2-inch (13-mm) sieve, a pH of 6 to 7.5, a soluble-salt content measured by electrical conductivity 5 dS/m, having a water-absorbing capacity of 1100 to 2000 percent, and containing no sand.
Lennox Field Rehabilitation Project
Corning, California
D. Wood Derivatives: Shredded and composted, nitrogen-treated sawdust, ground bark, or wood waste; of uniform texture and free of chips, stones, sticks, soil, or toxic materials.
E. Manure: Well-rotted, unleached, stable or cattle manure containing not more than 25 percent by volume of straw, sawdust, or other bedding materials; free of toxic substances, stones, sticks, soil, weed seed, debris, and material harmful to plant growth.
PART 3 - EXECUTION
3.1 GENERAL
A. Verify that no foreign or deleterious material or liquid such as paint, paint washout, concrete slurry, concrete layers or chunks, cement, plaster, oils, gasoline, diesel fuel, paint thinner, turpentine, tar, roofing compound, or acid has been deposited in planting soil.
3.2 PREPARATION OF UNAMENDED, ON-SITE SOIL BEFORE AMENDING A. Unacceptable Materials: Clean soil of concrete slurry, concrete layers or chunks, cement, plaster, building debris, oils, gasoline, diesel fuel, paint thinner, turpentine, tar, roofing compound, acid, and other extraneous materials that are harmful to plant growth.
B. Unsuitable Materials: Clean soil to contain a maximum of 8 percent by dry weight of stones, roots, plants, sod, clay lumps, and pockets of coarse sand.
C. Screening: Pass unamended soil through a 2-inch (50-mm) sieve to remove large materials.
3.3 PLACING AND MIXING SOIL OVER EXPOSED SUBGRADE
A. General: Apply and mix unamended soil with amendments on-site to produce required soil. Do not apply materials or till if existing soil or subgrade is frozen, muddy, or excessively wet.
B. Subgrade Preparation: Till subgrade to a minimum depth of 2 inches. Remove stones larger than 2 inches in any dimension and sticks, roots, rubbish, and other extraneous matter and legally dispose of them off Owner's property.
C. Mixing: Spread amended soil to total depth 2 inches but not less than required to meet finish grades after mixing with amendments and natural settlement. Do not spread if soil or subgrade is frozen, muddy, or excessively wet.
1. Amendments: Apply soil amendments and fertilizer, if required, evenly on the surface, and thoroughly blend them with unamended soil to produce suitable soil. a. Mix lime and sulfur with dry soil before mixingfertilizer.
D. Compaction: Compact each blended lift of planting soil to 75 to 82 percent of maximum Standard Proctor density according to ASTM D698 and tested in-place E. Finish Grading: Grade planting soil to a smooth, uniform surface plane with loose, uniformly fine texture. Roll and rake, remove ridges, and fill depressions to meet finish grades.
Lennox Field Rehabilitation Project
Corning, California
3.4 BLENDING SOIL IN PLACE
A. General: Mix amendments with in-place, unamended soil to produce required suitable soil. Do not apply materials or till if existing soil or subgrade is frozen, muddy, or excessively wet.
B. Preparation: Till unamended, existing soil in planting areas to a minimum depth of 2 inches (150 mm). Remove stones larger than 1-1/2 inches (38 mm) in any dimension and sticks, roots, rubbish, and other extraneous matter and legally dispose of them off Owner's property.
C. Mixing: Apply topsoil and amendments, if required, evenly on surface, and thoroughly blend them into full depth of unamended, in-place soil to produce planting soil.
D. Compaction: Compact blended planting soil to 75 percent of maximum Standard Proctor density according to ASTM D698.
E. Finish Grading: Grade soil to a smooth, uniform surface plane with uniformly fine texture. Roll and rake, remove ridges, and fill depressions to meet finish grades.
3.5 FIELD QUALITY CONTROL
A. Testing Agency: a qualified testing agency to perform tests and inspections.
B. Perform the following tests:
1. Compaction: Test planting-soil compaction after placing each lift and at completion using a densitometer or soil-compaction meter calibrated to a reference test value based on laboratory testing according to ASTM D698. Space tests at no less than one for each 1000 sq. ft. (100 sq. m) of in-place soil or part thereof.
C. Soil will be considered defective if it does not pass tests.
D. Prepare test reports.
E. Label each sample and test report with the date, location keyed to a site plan or other location system, visible conditions when and where sample was taken, and sampling depth.
3.6 PROTECTION AND CLEANING
A. Protect areas of in-place soil from additional compaction, disturbance, and contamination.
Prohibit the following practices within these areas except as required to perform planting operations:
1. Storage of construction materials, debris, or excavated material.
2. Parking vehicles or equipment.
3. Vehicle traffic.
4. Foot traffic.
5. Erection of sheds or structures.
6. Impoundment of water.
7. Excavation or other digging unless otherwise indicated.
B. Remove waste material including excess subsoil, unsuitable materials, trash, and debris and legally dispose of them off Owner's property unless otherwise indicated.
1. Dispose of excess subsoil and unsuitable materials on-site where directed by Owner.
END OF SECTION
Lennox Field Rehabilitation Project
Corning, California
Bid Set
December 04, 2025
Turf And Grasses
32 92 00-1
TURF REQUIREMENTS
PART 1 - GENERAL
1.1 SUMMARY
A. Section Includes:
1. Hydroseed.
1.2 DEFINITIONS
A. Pesticide: A substance or mixture intended for preventing, destroying, repelling, or mitigating a pest. This includes insecticides, miticides, herbicides, fungicides, rodenticides, and molluscicides.
It also includes substances or mixtures intended for use as a plant regulator, defoliant, or desiccant.
B. Soil: Existing, on-site soil; imported soil; or manufactured soil that has been modified with soil amendments and perhaps fertilizers to produce a soil mixture best for plant growth. See Section 329113 "Soil Preparation" and drawing designations for planting soils.
1.3 PREINSTALLATION MEETINGS
A. Preinstallation Conference: Conduct conference at Corning Plaza and Recreation Center.
1.4 INFORMATIONAL SUBMITTALS
1. Certification of each seed mixture for turfgrass hydroseed.
B. Product certificates.
1.5 QUALITY ASSURANCE
A. Installer Qualifications: A qualified landscape Installer whose work has resulted in successful turf establishment.
1. Installer's Field Supervision: Require Installer to maintain an experienced full-time supervisor on Project site when work is in progress.
2. Personnel Certifications: Installer's field supervisor shall have certification in one of the following categories from the National Association of Landscape Professionals:
a. Landscape Industry Certified Lawn Care Technician.
3. Pesticide Applicator: State licensed, commercial.
Lennox Field Rehabilitation Project
Corning, California
Bid Set
December 04, 2025
Turf And Grasses
32 92 00-2
PART 2 - PRODUCTS
2.1 TURFGRASS HYDROSEED
A. Turfgrass Hydroseed: Approved Number 1 Quality/Premium, including limitations on thatch, weeds, diseases, nematodes, and insects. Furnish viable B. Turfgrass Species: Hydroseed of grass species as follows:
1. Rhizomatous Turf-type Tall Fescues blended with improved Kentucky Bluegrass: (RTF) Water Saver Blend or equivalent.
2.2 FERTILIZERS
A. Commercial Fertilizer: Commercial-grade complete fertilizer of neutral character, consisting of fast- and slow-release nitrogen, 50 percent derived from natural organic sources of urea formaldehyde, phosphorous, and potassium in the following composition:
1. Composition: 1 lb./1000 sq. ft. of actual nitrogen, 4 percent phosphorous, and 2 percent potassium, by weight.
B. Slow-Release Fertilizer: Granular or pelleted fertilizer consisting of 50 percent water-insoluble nitrogen, phosphorus, and potassium in the following composition:
1. Composition: 20 percent nitrogen, 10 percent phosphorous, and 10 percent potassium, by weight.
2.3 PESTICIDES
A. General: Pesticide, registered and approved by the EPA, acceptable to authorities having jurisdiction, and of type recommended by manufacturer for each specific problem and as required for Project conditions and application. Do not use restricted pesticides unless authorized in writing by authorities having jurisdiction.
PART 3 - EXECUTION
3.1 TURF AREA PREPARATION
A. General: Prepare area for soil placement and mix soil according to Section Soil Preparation.
B. Moisten prepared area before hydroseeding if soil is dry. Water thoroughly and allow surface to dry before planting. Do not create muddy soil.
C. Before planting, obtain Owner's Representative acceptance of finish grading; restore planting areas if eroded or otherwise disturbed after finish grading.
Lennox Field Rehabilitation Project
Corning, California
Bid Set
December 04, 2025
Turf And Grasses
32 92 00-3
3.2 TURF MAINTENANCE
A. General: Maintain and establish turf by watering, fertilizing, weeding, mowing, trimming, replanting, and performing other operations as required to establish healthy, viable turf. Roll, regrade, and replant bare or eroded areas and remulch to produce a uniformly smooth turf.
Provide materials and installation the same as those used in the original installation.
B. Mow turf as soon as top growth is tall enough to cut. Repeat mowing to maintain specified height without cutting more than one-third of grass height. Remove no more than one-third of grass-leaf growth in initial or subsequent mowings.
3.3 SATISFACTORY TURF
A. Turf installations shall meet the following criteria as determined by Owner’s Representative:
1. Satisfactory Seeded Turf: At end of maintenance period, a healthy, uniform, close stand of grass has been established, free of weeds and surface irregularities, with coverage exceeding 90 percent over any 10 sq. ft. and bare spots not exceeding 5 by 5 inches
2. Satisfactory Hydroseeded Turf: At end of maintenance period, a healthy, well-rooted, even- colored, viable turf has been established, free of weeds, bare areas, and surface irregularities.
B. Use specified materials to reestablish turf that does not comply with requirements and continue maintenance until turf is satisfactory.
END OF SECTION
Lennox Field Rehabilitation Project
Legend
Lennox Park
Soccer Field Area
400 ft
N
➤
ITEM NO: J-2
APPROVE AGREEMENT WITH
COMMERCIAL PUMP & MECHANICAL,
FOR THE CITY OF CORNING FRIPP
WELL INVESTIGATION PROJECT IN
THE AMOUNT OF $25,587.90
August 11, 2026
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: BRANT MESKER, CITY MANAGER
ELIJAH STANLEY, PUBLIC WORKS DIRECTOR
BACKGROUND:
The Fripp Well is one of the City’s groundwater wells and plays a critical role in meeting system demands, particularly during peak summer months. The well was taken out of service due to gravel being discovered within the well, raising concerns about the condition of the well casing, screen, and overall integrity of the well.
To diagnose the issue, staff contacted multiple qualified pump contractors to pull the pump and evaluate the condition of the well equipment. Commercial Pump & Mechanical provided the lowest responsive quote and was selected to perform the diagnostic work.
The California Uniform Construction Accounting Commission allows the City to receive quotes for Public Works Projects less than $60,000. Staff has attached the agreement and quote for Council review.
SUMMARY:
The Fripp Well investigation will include the removal of the existing pump assembly, light nylon brushing of the well, a downhole video inspection, caliper logging, and a gyroscopic survey. The information gathered will allow the City to assess the structural condition of the well, identify the source of the gravel intrusion, and develop recommendations for any necessary rehabilitation or repairs to ensure the long-term reliability of the well.
Upon completion of the investigation, the consultant will provide recommendations for the necessary repairs or rehabilitation of the Fripp Well. Once those recommendations are received, staff may initiate the process of obtaining quotes to complete the recommended repairs.
FINANCIAL:
Staff recognized the need to repair the Fripp Well and allocated $80,000 in the FY budget for the investigation and repair of the well. The investigation will be funded through line item 633- 7420-6351 – Water Capital Improvement – Project Maintenance. The remaining balance will be reserved to fund the recommended repairs following completion of the investigation.
RECOMMENDATION:
MAYOR AND COUNCIL:
• APPROVE AGREEMENT WITH COMMERCIAL PUMP & MECHANICAL FOR THE
FRIPP WELL INVESTIGATION PROJECT AT A COST NOT TO EXCEED $25,587.90; AND
• AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT
AGREEMENT
THIS AGREEMENT IS MADE AND ENTERED INTO as of this 11th day of August 2026, by and between the City of Corning, a Municipal Corporation, hereinafter referred to as “City” and Commercial Pump & Mechanical, Inc., hereinafter referred to as “Contractor”. It is hereby agreed by and between the parties that Contractor shall perform the pump removal, well brushing, video inspection, caliper survey, and gyroscopic surveying to determine the cause of the issue and identify any necessary rehabilitation or repairs, as hereinafter more particularly described.
1. CONTRACTOR’S OBLIGATION:
a. Contractor shall safely perform the pump removal, well brushing, video inspection, caliper survey, and gyroscopic surveying to determine the cause of the issue and identify any necessary rehabilitation or repairs as described in Exhibit A. Such improvement shall be done safely and in a workmanlike manner with the materials approved and as indicated herein. The City reserves unto itself the right to reject any or all performance hereunder and to require touch-up and/or follow-up services to the City’s satisfaction and without further compensation.
b. Contractor shall, during the term of this Contract, maintain a valid City of Corning Business License.
c. Contractor shall possess and maintain the following Contractor's License(s) prior to the award of the contract. C-61 / D21
COMPENSATION / TERM
For those services as outlined in Fripp Well Investigation Project – Exhibit A d. hereto the City shall pay to Contractor a not-to-exceed amount of $25,587.90 unless terminated under Section 3.
e. City will pay Contractor, upon completion of the project. However, should performance not be satisfactory as determined by the Public Works Director, as hereinafter specified, the City may retain and use such funds as the Public Works Director deems appropriate for purposes of ensuring proper performance and/or hiring other general engineering companies to complete the contract to the City’s satisfaction.
2. TERMINATION:
Should contractor fail to perform satisfactorily as herein set forth, City reserves to itself the right to cancel any remaining portion of said contract upon thirty days written notice to Contractor, by notice in writing provided to Contractor at his usual place of business. Should Contractor breach any of the terms and conditions of this contract, or violate any laws, especially those relative to negligent behavior that puts the public at risk, the City reserves unto itself the right to direct Contractor to immediately cease performance and then terminate this contract thereafter, upon thirty days written notice, and pay contractor such amounts as he may then be entitled to on a pro-rata basis (pro-rated according to amount of work satisfactorily completed).
3. PAYMENTS:
The acceptance of the final payment by the Contractor shall constitute a waiver of all claims by him.
4. SUSPENSION OF WORK:
The Public Works Director shall have authority to suspend the work wholly or in part for such period as he may deem necessary to investigate complaints regarding improper or unsafe use of equipment.
5. AUTHORITY OF DIRECTOR OF PUBLIC WORKS:
The Public Works Director shall be the City’s representative in deciding any and all questions that may arise as to the quality or acceptability of the work performed, all questions that arise as to the acceptable fulfillment of the contract on the part of the Contractor, and all questions as to claims and compensation. The City Manager also is authorized to act as the City’s representative at any time with respect to this agreement. Contractor is an independent contractor; therefore the City will not be supervising the work performed or directing Contractor how to do his work but will be expecting the Contractor to perform all work agreed upon in a safe and professional manner according to the terms of this agreement.
6. LAWS TO BE OBSERVED:
The Contractor shall keep himself fully informed of all State, Federal and Municipal Ordinances and/or regulations of the City of Corning which in any manner affect those engaged in or employed in the work, or the materials 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 any jurisdiction or authority over the same. Contractor must comply with all provisions of the Immigration Reform and Control Act and of the California Labor Code which includes the requirements of the prevailing wage laws and the obligation to register with the Department of Industrial Relations.
7. PREVAILING WAGE:
Pursuant to Section 1770 et seq. of the Labor Code the Contractor for the work will be required to pay, at least, the general prevailing wage rates as determined by the Director of the Department of Industrial Relations of the State of California. Questions pertaining to the general prevailing wage rates should be directed to the Division of Labor Statistics and Research, P.O. Box 603, San Francisco, CA 94101. A failure to pay the required prevailing wage may result in a penalty through forfeiture as set forth in Labor Code section 1775.
8. LABOR DISCRIMINATION:
No discrimination shall be made in the employment of persons in this project because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status or sex of such persons. Violation of this section shall subject Contractor to penalties referenced in Section 1735 of the Labor Code.
9. RESPONSIBILITY FOR DAMAGES:
Neither the City of Corning, the City Council, nor the City Staff, shall be responsible or accountable in any manner for any loss or damage that may happen during the work or any part thereof; or for any materials or equipment used in performing the work; or for injury or damage to any person or persons, either workers or the public; or for damage to adjoining property from any cause whatsoever.
10. LIABILITY INSURANCE:
The Contractor shall secure and maintain in full force and effect, during the term of this agreement and for one year thereafter, a valid comprehensive public liability and property damage insurance policy listing the City as additional insured in the following amounts:
a. $2,000,000.00 for death or injury to any person arising out of any incident or accident; b. $50,000.00 for property damage arising out of any one incident or accident.
11. WORKMAN’S COMPENSATION INSURANCE:
Contractor at all times shall keep fully insured, at his own expense, all persons employed by him in connection with this Agreement as required by Workman’s Compensation and Insurance (California Labor Code Section 3200 et seq.), and shall hold the City free and harmless from all liabilities that may arise by reason of the injuries to any of the employees of the Contractor who are injured while performing at work any labor necessary to carry out the provisions of this agreement.
12. CERTIFICATION OF INSURANCE AND CANCELLATION THEREOF:
The Contractor shall keep on file with the City a Certificate of Insurance duly executed by the Contractor’s insurance carrier or carriers, which shall serve as evidence of the continued existence of said insurance policies. The Contractor’s insurance carriers shall be required to give the City thirty (30) days written notice prior to the cancellation of the Contractor’s Insurance.
13. INDEMNITY, DEFENSE AND HOLD HARMLESS:
The Contractor shall indemnify, defend and save harmless the City of Corning, the City Council, and the City Staff from any suits, claims, liability, loss, damages, fines, penalties, settlements or actions brought by any person or entity for, or on account of, any injuries or damage arising from, or related to in any way, the work performed, or not performed, as set forth in this contract no matter how removed. The City may retain so much of the money due the Contractor as shall be considered necessary until disposition has been made of such suits or claims for damages as aforesaid.
Any defense obligation arising from this contract requires retention of qualified legal counsel of no less than five years of experience in the area of contract litigation.
14. ACCIDENTS:
The Contractor shall provide at the site of the project such equipment and medical facilities as are necessary to supply first aid service to anyone who may be injured in connection with the work.
The Contractor must promptly report in writing to the city all accidents whatsoever arising out of, or in connection with the performance of the work, whether on or adjacent to the job site, which caused death, personal injury, or property damages, giving full details and statements of witnesses. In addition, if death or serious injuries or serious damages are caused, the accident shall be reported to the City immediately by telephone or messenger.
15. SAFETY:
In accordance with generally accepted practices, the Contractor will be solely and completely responsible for the conditions of the job site(s), including safety of all persons and property during the performance of the work. This requirement will apply continuously and not be limited to normal working hours.
16. CONTRACTOR AGREEMENT:
Contractor agrees to perform the services between the hours of 7:00 a.m., and 6:00 p.m., on any day.
17. NON-EMPLOYEE STATUS:
Contractor agrees and affirms that nothing in this agreement causes or creates an employer/employee relationship between City and Contractor.
CERTIFICATION
CITY:
By: ______________________________ Dated_______________________ Brant Mesker, City Manager
CONTRACTOR:
________________________________
By (signature) Contractor
________________________________ .
By and Title (printed)
.
_________________ Address
Date
.
E-Mail Address Telephone Number
ITEM NO: J-3
APPROVE AGREEMENT WITH
THOMPSON SEALCOATING FOR THE EQ
BASIN CRACK SEAL AND SEAL COAT
AT THE CORNING WASTEWATER
TREATMENT PLANT FOR $45,500.00
AUGUST 11, 2026
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: BRANT MESKER, CITY MANAGER
ELIJAH STANLEY, PUBLIC WORKS DIRECTOR
BACKGROUND:
The asphalt pavement at the Corning Wastewater Treatment Plant EQ Basin has begun to show signs of age and deterioration, including surface cracking and weathering. To preserve the pavement, prevent further deterioration, and extend its useful life, staff is recommending crack sealing and seal coating of the existing asphalt surfaces. Performing this preventative maintenance now will help avoid more costly repairs or full pavement replacement in the future.
Based on the identified need, staff solicited quotes from multiple contractors to complete the work.
SUMMARY:
Staff received three quotes for the crack sealing and seal coat application at the Equalization (EQ) Basin of the Corning Wastewater Treatment Plant. Abriso's Asphalt Services submitted the lowest responsive quote in the amount of $45,500.00.
The proposed scope of work includes surface preparation, crack sealing, and the application of a seal coat to approximately 47,905 square feet of asphalt. Staff has included the contractor's quote and proposed agreement for Council's review.
Under the California Uniform Public Construction Cost Accounting Act (CUPCCAA), public works projects with an estimated cost of less than $60,000 may be awarded using the informal bidding process. This project falls within that threshold.
FINANCIAL:
During the FY 2026/2027 budget process, staff identified the need to crack seal and seal coat the EQ Basin and allocated $60,000 for the project. The quoted not-to-exceed amount of $45,500.00 is within the approved budget allocation.
RECOMMENDATION:
MAYOR AND COUNCIL:
• APPROVE AGREEMENT WITH THOMPSON SEALCOATING FOR THE EQ BASIN
CRACK SEAL AND SEAL COAT AT THE CORNING WASTEWATER TREATMENT PLANT FOR $45,500.00; AND
• AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT
AGREEMENT
THIS AGREEMENT IS MADE AND ENTERED INTO as of this 11 day of August 2026, by and between the City of Corning, a Municipal Corporation, hereinafter referred to as “City” and THOMPSON SEALCOATING hereinafter referred to as “Contractor”. It is hereby agreed by and between the parties that Contractor shall perform the site preparation, crack seal, and seal coat application for the EQ Basin located at the Corning Wastewater Treatment Plant as hereinafter more particularly described hereafter.
1. CONTRACTOR’S OBLIGATION:
a. Contractor shall perform the site preparation, crack seal, and seal coat application for the EQ Basin located at the Corning Wastewater Treatment Plant, in the City of Corning. All services shall be completed safely, in a professional and workmanlike manner, using approved materials and methods. The project location and services are further described in Exhibit A attached hereto and incorporated by this reference. The City reserves unto itself the right to reject any or all performance hereunder and to require follow-up services to the City’s satisfaction and without further compensation. b. Contractor shall, during the term of this Contract, maintain a valid City of Corning Business License.
2. COMPENSATION / TERM
For those services as outlined in EQ Basin – Scope of Work a. hereto the City shall pay to Contractor a not-to-exceed amount of $45,500.00 unless terminated under Section 3.
b. City will pay Contractor, upon completion of the project. However, should performance not be satisfactory as determined by the Public Works Director, as hereinafter specified, the City may retain and use such funds as the Public Works Director deems appropriate for purposes of ensuring proper performance and/or hiring other general engineering companies to complete the contract to the City’s satisfaction.
3. TERMINATION:
Should contractor fail to perform satisfactorily as herein set forth, City reserves to itself the right to cancel any remaining portion of said contract upon thirty days written notice to Contractor, by notice in writing provided to Contractor at his usual place of business. Should Contractor breach any of the terms and conditions of this contract, or violate any laws, especially those relative to negligent behavior that puts the public at risk, the City reserves unto itself the right to direct Contractor to immediately cease performance and then terminate this contract thereafter, upon thirty days written notice, and pay contractor such amounts as he may then be entitled to on a pro-rata basis (pro-rated according to amount of work satisfactorily completed).
4. PAYMENTS:
The acceptance of the final payment by the Contractor shall constitute a waiver of all claims by him.
5. SUSPENSION OF WORK:
The Public Works Director shall have authority to suspend the work wholly or in part for such period as he may deem necessary to investigate complaints regarding improper or unsafe use of equipment.
6. AUTHORITY OF DIRECTOR OF PUBLIC WORKS:
The Public Works Director shall be the City’s representative in deciding any and all questions that may arise as to the quality or acceptability of the work performed, all questions that arise as to the acceptable fulfillment of the contract on the part of the Contractor, and all questions as to claims and compensation. The City Manager also is authorized to act as the City’s representative at any time with respect to this agreement. Contractor is an independent contractor; therefore the City will not be supervising the work performed or directing Contractor how to do his work but will be expecting the Contractor to perform all work agreed upon in a safe and professional manner according to the terms of this agreement.
7. LAWS TO BE OBSERVED:
The Contractor shall keep himself fully informed of all State, Federal and Municipal Ordinances and/or regulations of the City of Corning which in any manner affect those engaged in or employed in the work, or the materials 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 any jurisdiction or authority over the same. Contractor must comply with all provisions of the Immigration Reform and Control Act and of the California Labor Code which includes the requirements of the prevailing wage laws and the obligation to register with the Department of Industrial Relations.
8. PREVAILING WAGE:
Pursuant to Section 1770 et seq. of the Labor Code the Contractor for the work will be required to pay, at least, the general prevailing wage rates as determined by the Director of the Department of Industrial Relations of the State of California. Questions pertaining to the general prevailing wage rates should be directed to the Division of Labor Statistics and Research, P.O. Box 603, San Francisco, CA 94101. A failure to pay the required prevailing wage may result in a penalty through forfeiture as set forth in Labor Code section 1775.
9. LABOR DISCRIMINATION:
No discrimination shall be made in the employment of persons in this project because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status or sex of such persons. Violation of this section shall subject Contractor to penalties referenced in Section 1735 of the Labor Code.
10. RESPONSIBILITY FOR DAMAGES:
Neither the City of Corning, the City Council, nor the City Staff, shall be responsible or accountable in any manner for any loss or damage that may happen during the work or any part thereof; or for any materials or equipment used in performing the work; or for injury or damage to any person or persons, either workers or the public; or for damage to adjoining property from any cause whatsoever.
11. LIABILITY INSURANCE:
The Contractor shall secure and maintain in full force and effect, during the term of this agreement and for one year thereafter, a valid comprehensive public liability and property damage insurance policy listing the City as additional insured in the following amounts:
a. $2,000,000.00 for death or injury to any person arising out of any incident or accident; b. $50,000.00 for property damage arising out of any one incident or accident.
12. WORKMAN’S COMPENSATION INSURANCE:
Contractor at all times shall keep fully insured, at his own expense, all persons employed by him in connection with this Agreement as required by Workman’s Compensation and Insurance (California Labor Code Section 3200 et seq.), and shall hold the City free and harmless from all liabilities that may arise by reason of the injuries to any of the employees of the Contractor who are injured while performing at work any labor necessary to carry out the provisions of this agreement.
13. CERTIFICATION OF INSURANCE AND CANCELLATION THEREOF:
The Contractor shall keep on file with the City a Certificate of Insurance duly executed by the Contractor’s insurance carrier or carriers, which shall serve as evidence of the continued existence of said insurance policies. The Contractor’s insurance carriers shall be required to give the City thirty (30) days written notice prior to the cancellation of the Contractor’s Insurance.
14. INDEMNITY, DEFENSE AND HOLD HARMLESS:
The Contractor shall indemnify, defend and save harmless the City of Corning, the City Council, and the City Staff from any suits, claims, liability, loss, damages, fines, penalties, settlements or actions brought by any person or entity for, or on account of, any injuries or damage arising from, or related to in any way, the work performed, or not performed, as set forth in this contract no matter how removed. The City may retain so much of the money due the Contractor as shall be considered necessary until disposition has been made of such suits or claims for damages as aforesaid.
Any defense obligation arising from this contract requires retention of qualified legal counsel of no less than five years of experience in the area of contract litigation.
15. ACCIDENTS:
The Contractor shall provide at the site of the project such equipment and medical facilities as are necessary to supply first aid service to anyone who may be injured in connection with the work.
The Contractor must promptly report in writing to the city all accidents whatsoever arising out of, or in connection with the performance of the work, whether on or adjacent to the job site, which caused death, personal injury, or property damages, giving full details and statements of witnesses. In addition, if death or serious injuries or serious damages are caused, the accident shall be reported to the City immediately by telephone or messenger.
16. SAFETY:
In accordance with generally accepted practices, the Contractor will be solely and completely responsible for the conditions of the job site(s), including safety of all persons and property during the performance of the work. This requirement will apply continuously and not be limited to normal working hours.
17. CONTRACTOR AGREEMENT:
Contractor agrees to perform the services between the hours of 7:00 a.m., and 6:00 p.m., on any day.
18. NON-EMPLOYEE STATUS:
Contractor agrees and affirms that nothing in this agreement causes or creates an employer/employee relationship between City and Contractor.
CERTIFICATION
CITY:
By: ______________________________ Dated_______________________ Brant Mesker, City Manager
CONTRACTOR:
________________________________
By (signature) Contractor
________________________________ .
By and Title (printed)
.
_________________ Address
Date
.
E-Mail Address Telephone Number
Thompson Sealcoating
14284 Indian Acres Trail
Redding, CA, 96003
Project
Proposal
Crack Seal asphalt pond | City of Corning
February 26th, 2026
Client
Eli Stanley
City of Corning
[email protected]
Project
Crack Seal asphalt pond
24862 Gardiner Ferry Road
Corning, CA, 96021