Agenda packet — Mayor and City Council, May 15, 2024 (part 7 of 8)

NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 1 and the Master Agreement, the Parties mutually agree as follows:

AGREEMENT

1. Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference.

2. Term. The term of the Master Agreement shall be extended through May 17 , 2024, unless earlier terminated.

3. Amendment to Section 6 of the Master Agreement. The last sentence of Section 6 of the Master Agreement shall be amended to read as follows:
“The total duration of the Agreement, including the exercise of any options, shall not exceed May 17, 2024.”

4. Full Force. Except as amended by this Amendment No. 1, all provisions of the Master Agreement, as previously amended, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 1.

5. Electronic Transmission. A manually signed copy of this Amendment No. 1 which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment No. 1 for all purposes. This Amendment No. 1 may be signed using an electronic signature.

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6. Counterparts. This Amendment No. 1 may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR
AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT

WITH ANSER ADVISORY MANAGEMENT LLC
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 1 on the Effective Date first herein above written.

CITY OF SAN BERNARDINO
APPROVED BY:

Charles E McNeely
Interim City Manager
ATTESTED BY:

Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

CONSULTANT

ANSER ADVISORY MANAGEMENT
LLC
Signature
Name
Title
DocuSign Envelope ID: 91880A04-B6E2-45A4-8857-CEB71BB44510 Tyson Atwood
Senior Vice President
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: May 15, 2024
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager
Lynn Merrill, Director of Public Works, Operations and
Maintenance
Department: Public Works
Subject: Approve Stop Signs at Various Locations - Wards (1,2, 3,4,5)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, Adopt Resolution No. 2024-108;

1. Authorizing the City Manager and or designee to amend Resolution No. 655 entitled, in part, “A Resolution… designating certain streets or portions thereof as through highways…” and authorizing the establishment of stop control at the following intersections:
a) Gardena St. & Vine St.
b) Santolinas St. & Pampas Ave.
c) Cherry St. & Pampas Ave.
d) Morgan Rd. & Teton St.
e) Argyle Ave. & 18th St.
f) Piedmont Dr. & Seine Ave.
g) Acacia Ave. & 35th St.
h) Dover St. & Louise St.

Executive Summary
The installation of stop signs at the intersections listed in the recommendations is essential to enhance traffic safety, control, and streamline traffic flow. The overall benefit is the reduction of collisions, and improved pedestrian safety.

Background
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Staff received citizen requests to consider the installation of stop signs for traffic control at eight intersections within the following residential areas:

Area #1 – Gardena St. & Vine St. (Ward 1)
Area #2 – Santolinas St. & Pampas Ave. (Ward 3)
Area #3 – Cherry St. & Pampas Ave. (Ward 3)
Area #4 – Morgan Rd. & Teton St. (Ward 5)
Area #5 – Argyle Ave. & 18th St. (Ward 2)
Area #6 – Piedmont Dr. & Seine Ave. (Ward 4)
Area #7 – Acacia Ave. & 35th St. (Ward 5)
Area #8 – Dover St & Louise St. (Ward 4)
Guidelines published in the California Manual of Uniform Traffic Control Devices (CA MUTCD) on the use of stop signs have been adopted by the city. The guidelines recommend the use of a stop sign facing the minor street of a 4-legged intersection and the terminating leg of a T-intersection, if certain conditions exist to better clarify and regulate right-of-way at an intersection.

Discussion
The Traffic Engineering Division of the Public Works Department has been focused on installing stop signs at uncontrolled intersections and implementing two-way and fourway stops at intersections with limited visibility and a history of collisions. These uncontrolled intersections have led to confusion among drivers, making it challenging for vehicles, bicyclists, and pedestrians to safely navigate crossings without clear stop signs. This lack of signage can result in drivers not having enough time to notice pedestrians, cyclists, and cross traffic, leading to difficulties in deciding whether to come to a full stop at these intersecting streets.

Staff investigated traffic conditions at the intersections referenced above and found that stop signs should be installed to better clarify the rules of the road at each intersection.

Stop signs are also recommended to mitigate sight distance issues such as corner landscaping, corner perimeter or structure walls, and/or horizontal or vertical road curvature which may exist at these locations.

The table below identifies the types of sight distance issues found at each intersection.

Intersection Cause of Visual
Impairment
Location of Visual
Impairment
Gardena St & Vine St Existing House All Corners
Santolinas St & Pampas Ave Existing House NW Corner
Cherry St & Pampas Ave Existing House SW Corner
Morgan Rd & Teton St Existing House NE Corner
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Argyle Ave & 18th St Privately owned trees SW Corner
Piedmont Dr & Seine Ave Existing House NW Corner
Acacia Ave & 35th St Existing House SE Corner
Dover St & Louise St Existing House NW Corner
Staff presented the proposed stop sign locations to the City’s Public Safety and Human Relations Commission (PS&HR) at its February 12, 2024, meeting. The Commission has recommended the establishment of the stops at the intersections indicated in the above table.
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No. 3d: Improved Quality of Life –The project will evaluate and enhance the quality of public safety services.

Fiscal Impact
The estimated cost to install the “Stop” signs and add pavement markings is $15,000.

Sufficient funding is included and available in the adopted FY 2023/24 Budget.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, Adopt Resolution No. 2024-108;

Attachments

1. Attachment 1: Resolution 2024-108

2. Attachment 2: Area Maps

3. Attachment 3: Stop Sign Warrants
Ward:
1,2,3,4,5
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Synopsis of Previous Council Actions:

None
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Resolution No. 2024-108
Resolution No. 2024-108
May 15, 2024

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RESOLUTION NO. 2024-108

RESOLUTION OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO: AND

AUTHORIZING THE CITY MANAGER AND OR
DESIGNEE TO AMEND RESOLUTION NO. 655
ENTITLED, IN PART, “A
RESOLUTION…DESIGNATING CERTAIN STREETS

OR PORTIONS THEREOF AS THROUGH
HIGHWAYS…” AND AUTHORIZING THE

ESTABLISHMENT THE ESTABLISHMENT OF STOP

CONTROL AT THE INTERSECTIONS OF GARDENA
ST & VINE ST; SANTOLINAS ST & PAMPAS AVE;
CHERRY ST & PAMPAS AVE; MORGAN RD & TETON
ST; ARGYLE AVE & 18TH ST; PIEDMONT DR & SEINE
AVE; ACACIA AVE & 35TH ST, DOVER DR & LOUISE
ST.

WHEREAS, the Traffic Engineering Division of the Public Works Department received a request to evaluate traffic control needs at the intersections of Gardena St & Vine St, Santolinas St & Pampas Ave, Cherry St & Pampas Ave, Morgan Rd & Teton St, Argyle Ave & 18th St, Piedmont Dr & Seine Ave, Acacia Ave & 35th St and Dover St & Louise St; and WHEREAS, staff has determined the intersection of Gardena St & Vine St, Santolinas St & Pampas Ave, Cherry St & Pampas Ave, Morgan Rd & Teton St, Argyle Ave & 18th St, Piedmont Dr & Seine Ave, Acacia Ave & 35th St and Dover St & Louise St meets the warrants for a TWO-WAY STOP/ONE-WAY sign installation at the location; and WHEREAS, roadways within the City must be designated as Through Highways in accordance with the Vehicle Code of the State of California to meet eligibility for installation of traffic control measures; and
WHEREAS, the City previously adopted Resolution No. 655 and subsequent amendments designating various roadways as Through Highways and Boulevards throughout the City; and
WHEREAS, the City now desires to amend Resolution No. 655 to designate Gardena St & Vine St, Santolinas St & Pampas Ave, Cherry St & Pampas Ave, Morgan Rd & Teton St, Argyle Ave & 18th St, Piedmont Dr & Seine Ave, Acacia Ave & 35th St and Dover St & Louise St as Through Highways; and
WHEREAS, the City intends to install traffic control in the form of a stop control on these roadway segments to enhance traffic safety at these locations.

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Resolution No. 2024-108
Resolution No. 2024-108
May 15, 2024

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BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:

SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. Resolution No. 655, which designates certain streets, or portions thereof, as through highways, Section One is amended by adding Subsection (21.65) VINE STREET to read as follows:
“(21.65) VINE STREET
(B) At its intersection with Gardena Street.”
SECTION 3. Resolution No. 655, which designates certain streets, or portions thereof, as through highways, Section One is amended by adding Subsection (13.7B) PAMPAS AVENUE to read as follows:
“(13.7B) PAMPAS AVENUE
(A) At its intersection with Santolinas Street.”

SECTION 4. Resolution No. 655, which designates certain streets, or portions thereof, as through highways, Section One is amended by adding Subsection (13.7B) PAMPAS AVENUE to read as follows:
“(13.7B) PAMPAS AVENUE
(B) At its intersection with Cherry Street.”
SECTION 5. Resolution No. 655, which designates certain streets, or portions thereof, as through highways, Section One is amended by adding Subsection (17.1) TETON STREET to read as follows:

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Resolution No. 2024-108
Resolution No. 2024-108
May 15, 2024

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“(17.1) TETON STREET
(A) At its intersection with Morgan Road.”

SECTION 6. Resolution No. 655, which designates certain streets, or portions thereof, as through highways, Section One is amended by adding Subsection (1.43) ARGYLE AVENUE to read as follows:
“(1.43) ARGYLE AVENUE
(A) At its intersection with Eighteenth Street.”
SECTION 7. Resolution No. 655, which designates certain streets, or portions thereof, as through highways, Section One is amended by adding Subsection (15.1) SEINE AVENUE to read as follows:
“(15.1) SEINE AVENUE
(A)At its intersection with Piedmont Drive.”
SECTION 8. Resolution No. 655, which designates certain streets, or portions thereof, as through highways, Section One is amended by adding subsection (1.2) ACACIA AVENUE to read as follows:
“(1.2) ACACIA AVENUE
(C) At its intersection with Thirty-Fifth Street.”
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Resolution No. 2024-108
Resolution No. 2024-108
May 15, 2024

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SECTION 9. Resolution No. 655, which designates certain streets, or portions thereof, as through highways, Section One is amended by adding Subsection (9.22) LOUISE STREET to read as follows:
“(9.22) LOUISE STREET
(A) At its intersection with Dover Dr.”

SECTION 10. “The City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.”
SECTION 11. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

SECTION 12. Effective Date. This Resolution shall become effective immediately.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 15th day of May, 2024.

Helen Tran, Mayor
City of San Bernardino
Attest:
__________________________________
Genoveva Rocha, CMC, Acting City Clerk
Approved as to form:

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Resolution No. 2024-108
Resolution No. 2024-108
May 15, 2024

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__________________________________
Sonia Carvalho, City Attorney
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Resolution No. 2024-108
Resolution No. 2024-108
May 15, 2024

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CERTIFICATION

STATE OF CALIFORNIA)
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO)
I, Genoveva Rocha, CMC, Acting City Clerk, hereby certify that the attached is a true copy of Resolution No. 2024-108, adopted at a regular meeting held on the 15th day of May 2024 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2024.
____________________________________
Genoveva Rocha, CMC, Acting City Clerk
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Attachment 2
Area Maps
Area #1 - Gardena St & Vine St:

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Area #2 - Santolinas St & Pampas Ave:

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Area #3 - Cherry St & Pampas Ave:

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Area #4 - Morgan Rd & Teton St:

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Area #5 - Argyle Ave & 18th St:

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Area #6 - Piedmont Dr & Seine Ave:

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Area #7 - Acacia Ave & 35th St:

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Area #8 - Dover Dr & Louise St:

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: May 15, 2024
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager;
Lynn Merrill, Director of Public Works, Operations, and Maintenance
Department: Public Works
Subject: Award of Professional Services Agreement for
Pavement Management Program and Asset Inventory
(All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Approve the award of an Agreement with Nicols Consulting Engineers in the amount of $820,300 for Pavement Management Program and Asset Inventory (Project); and

2. Authorize the project contingencies and staff time in the total amount of $123,045 for completion of the Project; and

3. Authorize the City Manager or designee to execute all documents with Nicols Consulting Engineers; and

4. Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project.

Executive Summary:

Awarding the Agreement for Pavement Management Program and Asset Inventory (Project) would allow the completion of a pavement condition report, development of a pavement rehabilitation program, and take inventory of various items such as sidewalks, signs, and curb ramps. The Agreement would allow the City to issue Nicols Consulting Engineers (NCE) a Notice to Proceed. The agreement will include NCE’s professional services fee of $820,300. Additional funds are recommended for contingencies and staff time in the amount of $123,045. The total cost for the professional services, including contingencies/staff time is $943,345.

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Background
The City of San Bernardino covers an area of approximately 62.24 square miles. This area includes approximately 655 centerline miles of paved surfaces. State Highway 18 (Waterman Avenue North of 210 freeway) and State Route 66 (5th Street/Foothill Boulevard west of the 215 freeway) are maintained by Caltrans District 8 and will not be a part of the City’s Pavement Management Program.

The Project would include a thorough assessment of City street conditions, leading to the completion of a pavement condition report, pavement management rehabilitation program, and pavement management program update. An inventory of sidewalks, traffic signs, curb ramps, pavement traffic markings, and curb markings will also be completed.

The pavement management rehabilitation program will be prepared to include a sevenyear period, with each fiscal year of street and alley projects. Estimated available revenues for pavements over the seven-year period and trends will also be included in the program.

An updated geographic information system (GIS) database will also be created. City staff will be trained in the use and maintenance of GIS software and data as needed.

Discussion
On February 5, 2024, City staff requested proposals for professional services to complete the Project. Staff received proposals from the following firms. • Bucknam Infrastructure Group
• Infrastructure Management Services
• Nichols Consulting Engineers
During the review of the technical proposals, staff evaluated each firm’s capability to complete the following tasks:
• Project Coordination
• Inspection, Surveys, and Related Services
• Quality Control
• Data Entry
• Pavement Condition Report
• Pavement Management Rehabilitation Program
• Pavement Management Rehabilitation Program Update
• Asset Inventory
Nichols Consulting Engineers was considered the most qualified based on their wellprepared proposal, excellent examples of similar projects, scheduling of the project, their detailed approach to the project, and their proposed staff experience.

Nichols Consulting Engineers employs a multifaceted approach to pavement management, which begins with comprehensive data collection covering various types Packet Page. 1779
of pavements, including alleys, trails, and parking lots. Utilizing both manual walking surveys adhering to industry-standard protocols like the American Society for Testing and Materials (ASTM) and automated equipment, they meticulously assess pavement distress, roughness, and structural strength, ensuring a thorough evaluation of our entire network.

One significant advantage of NCE's approach is the utilization of specialized automated equipment, which not only enhances efficiency but also significantly expands the coverage area. Unlike traditional walking surveys that only sample a fraction of the network, this automated method allows for the assessment of nearly the entire network, thereby providing a more comprehensive understanding of pavement conditions.

NCE goes beyond pavement assessment by incorporating the inventorying of roadside assets such as traffic signs, curb ramps, pavement striping, and sidewalks into the same mobilization effort. This integrated approach streamlines data collection processes and ensures a holistic understanding of our infrastructure assets.

The total fee for NCE’s professional services is $820,300. In addition to these services, staff recommend approval of a10% construction contingency and 5% for staff time in the amount of $123,045. This will provide for any unforeseen work and project management. The total cost of the proposed services and contingency is $943,345.

This project timeline is estimated to be 36 weeks and work is set to begin in June of 2024 and conclude in March of 2025.

Funding for the Project was previously established in FY 2023/2024 CIP budget in the Measure I Fund. There is currently $1,000,000 available for the completion of this project.
2021-2025 Strategic Targets and Goals
Authorizing the execution of this agreement aligns with Key Target No. 1: Improved Operational Capacity & Financial Capacity. The project will result in the completion of a thorough pavement management plan that will allow for the strategic rehabilitation of city streets.

Fiscal Impact
There is no General Fund impact with this item. There is sufficient funding in the project budget to support this action.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Approve the award of an Agreement with Nicols Consulting Engineers in the amount of $820,300 for Pavement Management Plan and Asset Inventory (Project); and
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2. Authorize the project contingencies and staff time in the total amount of $123,045. for completion of the Project; and

3. Authorize the City Manager or designee to execute all documents with Nicols Consulting Engineers; and

4. Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project.

Attachments
Attachment 1 Agreement with Nicols Engineering Consultants Attachment 2 Technical Proposal and Fee
Ward:

All Wards
Synopsis of Previous Council Actions:

June 1, 2022 The Mayor and City Council of the City of San Bernardino adopted Resolution No. 2022-102 approving and adopting the City’s Annual Operating Budgets and Capital Improvement Plan (CIP) for Fiscal Year 2023 and Fiscal Year 2024.

June 1, 2022 The Mayor and City Council of the City of San Bernardino adopted Resolution No. 2023-155 approving the Five-Year Capital Improvement Plan FY 2023/24 to FY 2027/28 for
Measure I Local Expenditures.

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1 PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND NICOLS CONSULTING ENGINEERS, CHTD.

This Agreement is made and entered into as of May 15, 2024 by and between the City of San Bernardino, a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, CA 92401 (“City”), and Nicols Consulting Engineers, Chtd., a Corporation with its principal place of business at 17050 Bushard Street, Suite 200, Fountain Valley, CA 92708 (hereinafter referred to as “Consultant”). City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.”

RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project:

Pavement Management Program and Asset In (hereinafter referred to as “the Project”).

B. Consultant is duly licensed and has the necessary qualifications to provide such services.

C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.

NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

AGREEMENT

1. Incorporation of Recitals. The recitals above are true and correct and are hereby incorporated herein by this reference.

2. Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.”

3. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel identified in their proposal. Consultant warrants that Consultant is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement. Consultant further represents that no City employee will provide any services under this Agreement.

4. Compensation.
a. Subject to paragraph 4(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “A.” b. In no event shall the total amount paid for services rendered by Packet Page. 1782
2 Consultant under this Agreement exceed the sum of $820,300. This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses.

Consultant may submit invoices to City for approval. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction.

City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices.

5. Additional Work. If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
a. Adjustments. No retroactive price adjustments will be considered.

Additionally, no price increases will be permitted during the first year of this Agreement, unless agreed to by City and Consultant in writing.

6. Term. This Agreement shall commence on the Effective Date and continue through the completion of services as set forth in Exhibit “A,” June 30th, 2027, unless the Agreement is previously terminated as provided for herein (“Term”).

7. Maintenance of Records; Audits.
a. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times for a period of four (4) years from the Effective Date.
b. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.

8. Time of Performance. Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed. Consultant shall complete the services required hereunder within Term.

9. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances Packet Page. 1783
3 include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety. b. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay.
c. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

10. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements.
b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies.
c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.

11. Standard of Care. Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. Consultant’s performance shall conform in all material respects to the requirements of the Scope of Work.

12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept payment from or employment with any person or entity which will constitute a conflict of interest with the City.

13. City Business Certificate. Consultant shall, prior to execution of this Agreement, obtain and maintain during the term of this Agreement a valid business Packet Page. 1784
4 registration certificate from the City pursuant to Title 5 of the City’s Municipal Code and any and all other licenses, permits, qualifications, insurance, and approvals of whatever nature that are legally required of Consultant to practice his/her profession, skill, or business.

14. Assignment and Subconsultant. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.

15. Independent Consultant. Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. Any personnel performing the work governed by this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Agreement and as required by law.

Consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.

16. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Additional Insured
The City of San Bernardino, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Consultant’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. b. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City.
(ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:

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5 Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX)
exclusion deleted
(7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its elected and appointed officials, officers, employees, agents, and City-designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured.
c. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status.

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6 (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. d. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. e. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. f. Privacy/Network Security (Cyber)
At all times during the performance of the work under this Agreement, the Consultant shall maintain privacy/network security insurance for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and the (4) introduction, implantation or spread of malicious software code, in a form and with insurance companies acceptable to the City.
h. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:

Combined Single Limit
Packet Page. 1787
7 Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal
injury, and property damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
Cyber Liability $1,000,000 per occurrence and
aggregate
(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement.
i. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. j. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance Packet Page. 1788
8 and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. k. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or
companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
l Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is Packet Page. 1789
9 canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. m. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

17. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project, or this Agreement, including without limitation the payment of all damages, expert witness fees, attorneys’ fees and other related costs and expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized volunteers. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement. b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the services or this Agreement, and, upon Consultant obtaining a final adjudication by a Packet Page. 1790
10 court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

18. California Labor Code Requirements. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).

If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements.

19. Verification of Employment Eligibility. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.

20. Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California.

21. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days’ written notice to Consultant.

In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Packet Page. 1791
11 Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.

22. Attorneys’ Fees. In the event that litigation is brought by any Party in connection with this Agreement, the prevailing Party shall be entitled to recover from the opposing Party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing Party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary, and expenses of the City Attorney’s Office in enforcing this Agreement on behalf of the City shall be considered as “attorneys’ fees” for the purposes of this Agreement.

23. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant’s professional services occurs, Consultant shall, at no cost to City, provide all other services necessary to rectify and correct the matter to the sole satisfaction of the City and to participate in any meeting required with regard to the correction.

24. Prohibited Employment. Consultant shall not employ any current employee of City to perform the work under this Agreement while this Agreement is in effect.

25. Costs. Each Party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.

26. Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.

27. Organization. Consultant shall assign Vivek Jha as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

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12 28. Limitation of Agreement. This Agreement is limited to and includes only the work included in the Project described above.

29. Notice. Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to the following addresses and shall be effective upon receipt thereof:

CITY:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Engineer
With Copy To:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
CONSULTANT:

Nicols Consulting Engineers, Chtd.
17050 Bushard Street, Suite 200
Fountain Valley, CA 92708
Margot Yapp
Principal in Charge

30. Third Party Rights. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.

31. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

32. Entire Agreement. This Agreement, including Exhibit “A,” represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises, or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This is an integrated Agreement.

33. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect.

34. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns Packet Page. 1793
13 of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.

35. Non-Waiver. The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance.

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

36. Time of Essence. Time is of the essence for each and every provision of this Agreement.

37. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain, or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.

38. Amendments. Only a writing executed by all of the Parties hereto or their respective successors and assigns may amend this Agreement.

39. City’s Right to Employ Other Consultants. City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.

40. Prohibited Interests. Consultant maintains and warrants that it has neither employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

41. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one single Agreement.

42. Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement.

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14 43. Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature.

44. Disciplinary Actions in Phases for Non-Performance. Failure for Consultant to perform its obligations under this Agreement may result in disciplinary action as follows:
(i) Informal Warning (Written or Verbal). Consultant is given a warning in regards to non-performance. If a verbal warning is issued, it will be confirmed with an electronic correspondence to the Consultant.
(ii) Formal Written Warning. A formal written warning is issued to Consultant pursuant to Section 29 of this Agreement. Consultant must respond within 5 to 10 days of receipt of the formal warning. Upon response from the Consultant, Consultant shall be provided a reasonable time to make corrections to their performance.

This time period
(iii) Formal Penalty Issued. A penalty of 15% of the Consultant’s current invoice amount or annual contract amount is deducted for non-performance after previous warnings have been issued.
(iv) Termination of Contract. If the performance has not been corrected after all warnings and previous penalties have been exhausted, City may terminate the contract pursuant to Section 21 of this Agreement. [SIGNATURES ON FOLLOWING PAGE]
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15 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND NICOLS CONSULTING ENGINEERS, CHTD.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

CITY OF SAN BERNARDINO
APPROVED BY:

Charles A. Montoya
City Manager
ATTESTED BY:

Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

CONSULTANT
Nichols Consultant Engineers
Signature
Name
Title
Packet Page. 1796
16 EXHIBIT A
Consultant Technical Proposal and Fee
Packet Page. 1797
City of San Bernardino
PROPOSAL FOR RFP F-24-03
Pavement Management Program and Asset Inventory
March 6, 2024
Submitted By:

Fountain Valley Office
17050 Bushard Street, Suite 200
Fountain Valley, CA 92708
Phone: 714.848.8897
Packet Page. 1798

1. Executive Summary
March 5, 2024
Mr. Ramon “Eddie” Mendez
Principal Engineer
City of San Bernardino
Public Works Department
290 North D Street
San Bernardino, California 92401
RE: Request for Proposals for RFP F-24-03 Pavement Management Program and Asset Inventory Dear Mr. Mendez and Members of the Selection Committee:

Pavement networks are often the most valuable asset that an agency owns. This asset is not only expensive to replace but is an essential component to the traveling public’s safety. Agencies are looking for more cost-effective ways to perform engineering, maintenance, management, and rehabilitation of roadways more than ever before to stretch funding allocations.

An essential tool to assist in cost-effective roadway maintenance planning is a current pavement management program (PMP) and current accurate pavement condition data.

The Road Maintenance and Rehabilitation Act (RMRA) provides approximately $11.9 million for FY2023/24 for the City of San Bernardino (City). In addition, the Infrastructure Investment and Jobs Act (IIJA) and Inflation Reduction Act (IRA) will provide more than $40 billion in funds for infrastructure and transportation systems for California agencies. However, additional funding comes with new requirements; an updated PMP is an essential tool to support agencies in not just reporting to the California Transportation Commission (CTC), but also future efforts to pursue additional funding or grant applications.

Summary of Key Proposal Elements
As part of this project, NCE will partner with the City to develop PMP database, recommend rehabilitation strategies to improve pavement conditions, develop a seven-year rehabilitation program, provide on-site StreetSaver® training and technical support, and assist with presentations to appropriate City staff and elected officials. In addition to the PMP, NCE will also provide asset data collection services. i.e., road right-of-way (ROW) assets such as sidewalks, traffic signs, curb ramps, pavement traffic markings and striping, and curb markings.

NCE is a nationally recognized pavement and asset management firm with broad capabilities and expertise in the areas of asset and pavement management systems as well as civil and pavement design, and training. The NCE team has more than 100 person years of combined experience with PMPs and asset collections. Our highly trained technical staff are experienced in data collection and have worked together on numerous asset and pavement management projects in California as shown on the map to the right. They have developed an excellent reputation for dedication, integrity, productivity, quality of work, and service to our clients. Additionally, NCE is a Metropolitan Transportation Commission (MTC) certified consultant, and our team has widespread experience providing distress inspections and updating the StreetSaver®, PMP database(s). The NCE team can provide the following benefits and distinguishing features to the City:
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Extensive local PMP experience (90 cities/counties in Southern California).

StreetSaver® experience and proficiency.

Expertise in pavement engineering.

OCTA and MTC-certified inspectors and data Collection vehicle Innovative pavement strategies with sustainable options Experienced with developing work plan(s) based on PCI only.

Highly skilled in data collection of non-pavement assets.

Rigorous quality control practices.

Fountain Valley, CA
17050 Bushard Street, Suite 200
Fountain Valley, CA 92708
(714) 848-8897
Packet Page. 1799
P a g e | 2
NCE as a Company
NCE is a client-focused professional consulting firm integrating the disciplines of engineering, science, and planning to address the infrastructure and resource challenges facing our communities today and in the future. Unique from other civil engineering firms, we have specialized in pavement technology, including pavement management, design, and research for more than three decades. In that time frame, we have stayed at the forefront of pavement and material technology and gained the trust of local agencies and State DOTs to the U.S. Department of Transportation and the National Academies, to deliver realistic and economical pavement solutions while creating safe, durable, and sustainable designs.

We have also performed pavement condition surveys ranging from state highways in 12 states to local street networks in over 220 cities and counties in California. We have surveyed over 120,000 miles of pavements, including alleys, trails, and parking lots. Our field data collection ranges from walking surveys as per the American Society for Testing and Material (ASTM) or StreetSaver® protocols to using specialized automated equipment to collect data such as pavement distresses, roughness, structural strength (deflection testing) to asset data (signs, signals, curb ramps, marking, sidewalks, etc.). The automated approach not only saves time and money but is also safe. In addition, it allows the majority (~100%) of the network to be surveyed as compared to the walking survey where only a sample of the network is surveyed. In addition, roadside assets such as traffic signs, curb ramps, pavement stripping, and sidewalks can also be collected and inventoried in the same mobilization as the semi-automated/automated survey. Our services include PMP, asset management, pavement evaluation, testing and design, civil engineering, and the research and design of sustainable and innovative pavement technologies. NCE was established in 1990, and we have since grown to over 125 employees strategically working across seven offices throughout California, Nevada, and Arizona. This contract will be managed from our local Fountain Valley office.

For this contract, NCE has teamed with märker geospatial, LLC (märker) to conduct automated surveys (6D LiDAR). märker’s testing vehicle and staff are also MTC and OCTA certified, further ensuring that we meet the accuracy requirements specified by MTC and OCTA. NCE has worked with märker staff for over a decade on many successful PMPs for cities and counties where the technology is appropriate, including the Cities of Anaheim, Baldwin Park, Burbank, Corona, Diamond Bar, Hermosa Beach, Highland, Manhattan Beach, Mission Viejo, Newport Beach, Orange, Redondo Beach, San Clemente, and Thousand Oaks, and the Counties of Orange, San Diego, and Santa Barbara. We have also included Transconomy LLC (Transconomy) for automated asset inventory. Transconomy provides cutting-edge tools for collecting roadway images and automatically extracting assets to create GIS-based inventories of transportation infrastructure using AI and Machine Learning. NCE has recently teamed with Transconomy staff on local transportation asset management projects for the Cities of Thousand Oaks and Santa Maria.

NCE has the capability to deliver responsive, cost-effective, and high-quality pavement management and pavement engineering services. These services will be accomplished through a systematic and organized method of work and communication led by NCE’s proposed Project Manager, Vivek Jha, MS, PE. Mr. Jha will be the City’s contact person during the RFP review process. As CEO/President of NCE, Margot Yapp, PE, is authorized to sign contracts on behalf of the firm. Their contact information follows.

Authorized to Bind Company
Ms. Margot Yapp, PE
Principal-in-Charge
Phone: (510) 215-3620
Email: [email protected]
NCE Proposal Contact
Mr. Vivek Jha, MS, PE
Project Manager
Phone: (909) 362-7936
Email: [email protected]
NCE Project Office
17050 Bushard Street, Suite 200
Fountain Valley, CA 92708
Phone: (714) 848-8897
Website: www.ncenet.com
Closing
NCE acknowledges Addenda issued on the City’s website. Questions and answers were released, and we have reviewed them.

NCE accepts the City’s professional services agreement, can meet the insurance coverage requirements, and accepts the terms and conditions of the RFP. NCE does not have any actual, apparent, or potential conflicts of interest with regards to- and any other work performed by NCE for the City. This proposal and cost proposal are valid for 120 calendar days from the date of its submittal. We look forward to your favorable review of our proposal and the opportunity to work the City of San Bernardino.

Sincerely,
N
M Vivek Jha, MS, PE
President/Chief Executive Officer Associate/Southern California Operations Manager Packet Page. 1800
City of San Bernardino
Pavement Management Program and Asset Inventory
RFP F-24-03

2. Table of Contents

1. Executive Summary....................................................................................................................................................... 1

2. Table of Contents................................................................................................................................................................... i

3. Identification of Proposer .................................................................................................................................................... 3

4. Staffing Resources ................................................................................................................................................................ 4 Firm Staffing and Key Personnel ........................................................................................................................................... 4 Staff Assigned to Perform Requested Services...................................................................................................................... 4 Capacity and Available Resources ......................................................................................................................................... 4 NCE Personnel Responsible for Working with the City ......................................................................................................... 4 Project Team Organization.................................................................................................................................................... 5 NCE Team Members.............................................................................................................................................................. 5 Roles and Responsibilities of Other Project Personnel ......................................................................................................... 5 Brief Biographies ................................................................................................................................................................... 6 Subconsultants...................................................................................................................................................................... 6

5. Fiscal Stability ..................................................................................................................................................................... 18 Evidence of Corporate Stability........................................................................................................................................... 18

6. Experience and Technical Competence ............................................................................................................................. 19 Experience........................................................................................................................................................................... 19 Technical and Professional Skills ......................................................................................................................................... 19 Past Experience with Public Agencies ................................................................................................................................. 20 References........................................................................................................................................................................... 20 Local Experience and Knowledge of the City....................................................................................................................... 21 Project Specific Experience ................................................................................................................................................. 21 Required Statement(s) ........................................................................................................................................................ 22 Technical Competence ........................................................................................................................................................ 22 In-house Resources ............................................................................................................................................................. 22 Multi-disciplinary Staff Resources ....................................................................................................................................... 22

7. Proposed Method to Accomplish the Work ...................................................................................................................... 23 Project Understanding ........................................................................................................................................................ 23 Scope of Work ..................................................................................................................................................................... 23

8. Fee Proposal ....................................................................................................................................................................... 28 Fee Schedule ....................................................................................................................................................................... 28 Standard Hourly Rates......................................................................................................................................................... 28 Packet Page. P a g e | i 1801
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Pavement Management Program and Asset Inventory
RFP F-24-03
Project Schedule.................................................................................................................................................................. 29

9. Insurance............................................................................................................................................................................. 30

10. Litigation ............................................................................................................................................................................. 32

11. Other Information .............................................................................................................................................................. 33 Technical and Management Approach for Completing Projects ........................................................................................ 33 Community Involvement..................................................................................................................................................... 34 Previous Involvement with the City .................................................................................................................................... 34 Conflict of Interest Statement............................................................................................................................................. 34

12. Certification of Proposal..................................................................................................................................................... 35

13. Appendices ......................................................................................................................................................................... 36 NCE Standard Rate Schedule............................................................................................................................................... 37 Subconsultant Standard Rate Schedules............................................................................................................................. 37 Letters of Reference............................................................................................................................................................ 38 Packet Page. P a g e | ii 1802
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Pavement Management Program and Asset Inventory
RFP F-24-03

3. Identification of Proposer
a. Legal name and address of the company. Nichols Consulting Engineers, CHTD. (dba NCE) 17050 Bushard Street, Suite 200
Fountain Valley, CA 92708
b. Legal form of company (partnership,
corporation). NCE was incorporated in the State of Nevada in 1990 as a C Corporation.

N/A
c. If company is a wholly owned subsidiary
of a “parent company,” identify the “parent
company.”
d. Name, title, address, email address, and
telephone number of the proposal contact
person.

Vivek Jha, Associate/Southern California Operations Manager 17050 Bushard Street, Suite #200, Fountain Valley, CA 92708 Phone: (714) 848-8897 ext. 102; Mobile: (909) 362-7936
Email: [email protected]
e. California Business License Number. California Foreign Corporation: 1916885 NCE is registered with the California Secretary of State to conduct business within the State of California. A copy of our certificate is shown below.

California DIR: 1000017867
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City of San Bernardino
Pavement Management Program and Asset Inventory
RFP F-24-03

4. Staffing Resources
Firm Staffing and Key Personnel
Staff Assigned to Perform Requested Services
NCE’s proposed key personnel such as Principal-in-Charge, Project Manager, and QA/QC Manager, as well as other project staff assigned to perform services for the City’s project are listed in the matrix below. Additionally, the NCE team proposed to do the work is comprised of licensed engineers and MTC certified inspectors who have fulfilled the following roles for many other asset and pavement management projects similar to this one. Their qualifications are highlighted below in this section.

Staff Name Project Role Job Title
Margot Yapp, PE
Vivek Jha, MS, PE
Principal-in-Charge
Project Manager
QA/QC Manager
Project Engineer
Project Engineer
CEO/President/Principal
Associate/Southern California Operations Manager
Associate Engineer
Project Engineer
Project Engineer
Staff Engineer
Shahram Misaghi, MS, PE
Timin Punnackal, PE
Debaroti Ghosh, PhD, EIT
Mahmoud Samara, MS, EIT
Shaun Russo
Franc Escobedo
Joesph DeLeon
Jonathan Moore
Staff Engineer
Staff Engineer/ PMP Analyst
Senior Field Technician
Senior Field Technician
Field Technician
PMP Analyst
Senior Field Technician
Senior Field Technician
Field Technician
Ken Huisman/ märker
Ammar Waqar/ Transconomy
Field Supervisor/ Automated Surveys Vice President/COO
Task Manager/ Data Processing Technology Task Manager
Total number of proposed staff assigned to perform services for the City’s project: NCE Staff: 10; and Subconsultant Staff: 2.

Capacity and Available Resources
NCE provides and commits qualified personnel from start to finish for our projects, and we will certainly do so for the City’s project. Based on our existing workload and projections, the NCE team is capable of seamlessly integrating the City of San Bernardino’s project into our company future work plans. NCE’s proposed Project Manager, Vivek Jha, MS, PE, has the demonstrated ability to manage multiple complex assignments and he is supported by a highly qualified group of personnel who have performed data collection for assets as well as pavement-related engineering work such as pavement condition surveys and other pavement management services for several projects simultaneously. The project personnel identified in this document will be available to the extent required for the duration of this contract and are ready to begin work with the City.

This team has a local presence that can provide additional resources and expertise to ensure your expectations for quality, budget and schedule are achieved.

NCE Personnel Responsible for Working with the City
NCE’s proposed personnel that are designated to work directly with City staff are identified below. These individuals are committed to attending the interview and in-person presentation, if NCE is chosen as a finalist.

Vivek Jha, MS, PE, will serve as NCE’s Project Manager for the project. Vivek will be responsible for day-to-day project management and will be the City’s single point of contact. He will work directly with City staff and will be responsible for overall communications between NCE, the City, and subconsultant staff. Vivek will manage the development of the scope, budget, planning, scheduling, coordination, and quality of the project, and will also participate in key meetings. As part of the PMP update, he will direct the data collection activities, PCI calculations, budget analyses, and the preparation of reports.

Timin Punnackal, PE, will serve as NCE’s Project Engineer for the project. Timin will assist the pavement and asset data collection and provide the analysis and interpretation of the data to update the City’s 2024 PMP. Timin will also oversee the pavement data collection and assist in carrying out budget scenarios and developing the draft and final PMP Report.

Shaun Russo will serve as NCE’s Staff Engineer/ PMP Analyst for the project. Shaun will provide support to key engineering staff. He will be involved with all aspects of the PMP update and will assist with the asset data collection process.

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City of San Bernardino
Pavement Management Program and Asset Inventory
RFP F-24-03
Project Team Organization
NCE has assembled a project team of highly qualified individuals who have the knowledge and experience implementing similar or identical PMP updates with expertise in StreetSaver® as well as project final deliverables, including LA Metro and OCTA submittal requirements. We are committed to providing our clients with continuity in staff and quality of service. Our technical staff benefit from active pavement research and implementation that NCE is completing with both Caltrans and Federal Highway Administration (FHWA), in addition to an investment in continuous training in emerging design and construction techniques that we routinely share with hundreds of others in the engineering community through teaching seminars, field distress and software workshops, and publication of articles in professional journals.

The City can count on our team to
provide superior, responsive service on
Figure 1. Project
Organization Chart this project. Figure 1 (organization chart) shows the structure and team we
propose for this project, and the lines of
communication and reporting interrelationships among key, support, and subconsultant staff. All proposed project
team members, including subconsultants
will be managed as an extension of NCE.

NCE Team Members
NCE brings a collaborative and innovative problem-solving mentality to address all aspects of the City’s pavement management program. NCE’s proposed project personnel have the relevant experience and in-depth understanding of the City’s objectives required to successfully provide the pavement and asset management services The NCE team led by our proposed Project Manager Vivek Jha has
recently completed several similar
asset/pavement management
projects together in
described in Exhibit A – Proposed Scope of Services contained in the RFP. The NCE team will be led by our Project Manager, Vivek Jha, MS, PE. Vivek has extensive experience in PMP and asset management, especially in delivering PMP reports as per OCTA and LA Metro requirements. Vivek is based in our Fountain Valley office.

He is supported by an experienced and trusted team of professionals that have successfully worked together on multiple projects, including our Principal-in- Southern California.

Charge, Margot Yapp, PE, and our QA/QC Manager, Shahram Misaghi, MS, PE. The NCE team also includes other key and support personnel who will be very instrumental in delivering the project to successful completion.

Roles and Responsibilities of Other Project Personnel
Margot Yapp, PE, will serve as NCE’s Principal-in-Charge for the project. Margot will be responsible for ensuring Vivek and the NCE team has the resources necessary to successfully deliver all services and will oversee the project through the phases. She will also assist Vivek to establish budgets, schedules, and monitor the adherence of terms of contract expectations.

Shahram Misaghi, MS, PE, will serve as NCE’s QA/QC Manager for the project. Shahram will be responsible for implementing NCE’s quality assurance and quality control management (QA/QC) program for the City’s PMP update. He will address QA/QC procedures and expectations for each team member and will provide the quality assurance review and its documentation of the documents that will be submitted to the City.

Debaroti Gosh, PhD, EIT, will serve as NCE’s Project Engineer for the project. Debaroti will oversee the pavement data collection and assist in carrying out budget scenarios and developing the draft and final PMP Report.

Mahmoud Samara, MS, EIT, will serve as NCE’s Staff Engineer for the project. He will provide support to key engineering staff.

Franc Escobedo and Joseph DeLeon will serve as NCE’s Senior Field Technicians for the project. They will lead/perform the functions relating to data collection and field QA/QC.

Ken Huisman (märker geospatial) will as Field Supervisor/Data Collection Task Manager for the project. Ken will coordinate and manage all facets of the automated survey fieldwork, including crew coordination, survey scheduling, quality components, and timely completion of all fieldwork collection deliverables.

Ammar Waqar (Transconomy) will serve as Technology Lead/Data Processing Task Manager for the project. Ammar will be responsible for data processing for the project.

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City of San Bernardino
Pavement Management Program and Asset Inventory
RFP F-24-03
Brief Biographies
Brief biographies of NCE’s proposed project personnel designated to work directly with City staff are provided below. One-page focused resumes of our project team are provided at the end of Section 4. Staffing Resources, of this document.

Vivek Jha, MS, PE, Project Manager. Vivek is an experienced Project Manager and serves as an Associate/ Southern California Operations Manager at NCE. He brings over 14 years of entensive experience in the pavement and asset management field with exerptise in pavement design and evaluation, rehabilitation and maintenance, and pavement and asset management. He is also adept at managing the entire project life cycle including developing and maintaining the project schedule, controlling project cost, tracking, and documenting variance, developing technical reports, QA/QC of other reports and data, in addition to leading stakeholder meetings. He is also well-experienced with AASHTO 1993, CalTrans Pavement Design, Pavement ME/MEPDG, PCI, Coring, DCP, GPR, FWD, and PMP software such as StreetSaver® and PAVERTM. Since joining NCE in 2022, Vivek has overseen, managed, and/or worked on a variety of complex asset and pavement management related projects for local public agencies throughout Southern California, including the Cities of Aliso Viejo, Anaheim, Baldwin Park, Burbank, Carson, Cathedral City, Corona, Diamond Bar, Hermosa Beach, Highland, Lemon Grove, Mission Viejo, Orange, Redondo Beach, Santa Barbara, Santa Maria, Thousand Oaks, and Yorba Linda, and the County of Orange, San Diego, and Santa Barabara.

Timin Punnackal, PE, Project Engineer. Timin is a Professional Civil Engineer with over 12 years of experience in various transportation projects. He is experienced in acquiring and assimilating a variety of asset data for subsequent analysis and reporting and has expertise with ArcGIS network analysis and Google API tools to perform geocoding and routing for location data. Timin is proficient in using analysis and PMP software, such as StreetSaver®. His recent PMP Southern Californai clients include the Cities of Aliso Viejo, Anaheim, Baldwin Park, Cathedral City, Corona, Diamond Bar, Glendale, Mission Viejo, Orange, Redondo Beach, San Marino, Santa Maria, Thousand Oaks, and Yorba Linda, and the Counties of Orange and San Deigo.

Shaun Russo, Staff Engineer/ PMP Analyst. Shaun recently joined NCE in 2023 as a pavement management program analyst. He brings over five years of experience leading various Public Works projects throughout Southern California. He has completed projects for over 60 local agencies including pavement management programs, sidewalk management programs, right-of-way asset inventories, and GIS technical support. He has worked on all aspects of pavement and sidewalk management programs. His recent PMP clients include the Cities of Buena Park, Cypress, Fountain Valley, Fullerton, Huntington Beach, Irvine, Laguna Hills, Newport Beach, Orange, Santa Ana, Seal Beach, Stanton, Tustin, and Yorba Linda, and the County of Orange.

Subconsultants
märker geospatial, LLC (märker)
NCE has included märker geospatial, LLC (märker) on our team to assist in providing automated/semi-automated pavement data collection services. märker has provided hundreds of successful pavement and asset management projects specifically for municipal governments for over 30 years. The märker team has implemented numerous industry-leading technologies in order to successfully collect, process, and deliver accurate, up-to-date pavement conditions, along with other various public works roadway and roadside infrastructure assets for a multitude of government agencies across the country. märker owns and operates a fleet of right-of-way data collection equipped vehicles which are certified by OCTA and MTC though the Vendor Certification Program (VCP). Together with NCE, our team has successfully collected, processed, and delivered accurate up-to-date pavement conditions and roadway infrastructure assets for the Southern California Cities of Anaheim, Baldwin Park, Burbank, Corona, Diamond Bar, Hermosa Beach, Highland, Manhattan Beach, Mission Viejo, Newport Beach, Orange, Redondo Beach, Santa Barbara, Thousand Oaks, and Yorba Linda, and the Counties of Orange, San Diego, and Santa Barbara.

Transconomy, LLC (Transconomy)
NCE has included Transconomy, LLC (Transconomy) on our team to provide right-of-way asset data processing including sign inventory. The Transconomy team consists of technical staff with diverse backgrounds and expertise in asset management, Artificial Intelligence (AI), machine learning, data processing, and GIS. The firm was founded in spring 2022 as a spin-off of iENGINEERING Corporation. Transconomy provides cutting-edge tools for collecting roadway images and automatically extracting assets to create GIS-based inventories of transportation infrastructure using AI and Machine Learning. NCE has teamed with Transconomy staff on asset and pavement management projects for the Cities of Thousand Oaks and Santa Maria.

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City of San Bernardino
Pavement Management Program and Asset Inventory
RFP F-24-03
Margot Yapp, PE
Principal-in-Charge
Margot is a known leader and brings over 33 years of experience in transportation engineering, with respected expertise in pavement design, asset and pavement management, and research for roads, highways, and airfields. She has implemented many PMPs for cities, counties, and airports in California, Oregon, Nevada, Hawaii, and Texas.

She serves as Principal-in-Charge, Project Manager, and/or QC Manager and has been involved in every aspect of PMP implementations, conversions, and updates. Margot’s projects have included the use of various pavement management software packages, both public domain software including StreetSaver® and PAVER™, as well as Cartegraph.

In addition to her extensive experience in pavement management and transportation engineering, Margot has taught workshops on pavement management systems for the National Highway Institute and the Federal Highway Administration.

Education
MS, Civil Engineering, Oregon
State University, Corvallis,
Representative Projects 1987
BS, Civil Engineering, Oregon
State University, Corvallis,
1985
BS, Forest Engineering, Oregon
State University, Corvallis,
1985
Infrastructure Management Implementation
City of Highland, CA
Project Manager. NCE implemented an infrastructure management system for the City’s streets that contained about 150 centerline miles. The City’s streets were surveyed, and a database was created to store the pavement inventory and pavement condition data.

The City’s sidewalks, curbs and gutters were inventoried and surveyed, and a work plan was prepared. Pavement M&R historical records for the past 14 years were entered into the database. The City’s projected 20-year pavement budget was analyzed.

Registration/Certifications
Professional Engineer – Civil,
CA #45027
StreetSaver® Training and Technical Support and PTAP Rounds 1-24 Metropolitan Transportation Commission (MTC), CA
Affiliations
American Society of Civil
Engineers
American Public Works
Association
TRB Subcommittee A2B01 –
Local Agency Pavement
Management
Project Manager. NCE has been involved in many projects related to the development, implementation, and training of the StreetSaver® program. NCE implemented the StreetSaver® PMP in over 150 agencies since 1994. Margot has managed various projects and has trained users of the StreetSaver® software including the development of the training materials, ensuring interaction in the training, as well as conducting the training.

Multiple Pavement Management System Implementations and Updates Various Cities and Counties, CA
Joined NCE
1994
Principal and Project Manager. Margot has been responsible for PMP/PMS updates for many cities and counties inside and outside of California. She is responsible for the analysis and quality control of pavement distress data collection, updating maintenance and rehabilitation decision trees and the treatment unit costs, and the development of budget scenarios and summary reports. She has developed cost-effective maintenance treatments and strategies, prepared custom multiple-year detailed street maintenance plans and budget option reports, and linked GIS maps with management sections in the client’s PMP/PMS database. Some of her current/past Southern California clients include:

Total Years of Experience
33 years
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Aliso Viejo
Anaheim
Buena Park
Burbank
Carson
Corona
Dana Point
Diamond Bar
Highland
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La Habra
Lake Forest
 Santa Barbara City/
County
Santa Monica
Seal Beach
Thousand Oaks
Torrance
Ventura County
West Covina
MTC and OCTA
Lemon Grove
Mission Viejo
Newport Beach
Orange City/County
San Clemente
San Diego County
San Gabriel
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City of San Bernardino
Pavement Management Program and Asset Inventory
RFP F-24-03
Vivek Jha, MS, PE
Project Manager
Vivek is an experienced Project Manager and serves as an Associate/Southern California Operations Manager at NCE. He brings over 14 years of expertise and extensive experience in delivering complex pavement projects involving design and evaluation, rehabilitation and maintenance, and pavement and asset management. He has a wealth of experience in using non-destructive technology (such as automated distress data, GPR, and FWD) for pavement evaluation and design. Vivek is adept at managing the entire project lifecycle including developing and maintaining project schedule, controlling project budget, tracking and documenting variance, developing technical and business reports, and QA/QC of other reports and data. He is also extremely well-versed in various pavement management software such as StreetSaver® and PAVER™. Education MS, Civil Engineering, Rowan
Representative Projects University, 2009
BS, Civil Engineering, Sardar
Patel College of Engineering,
Mumbai, India, 2007
Pavement Management Program Update
City of Highland, CA
Project Manager. NCE updated the City’s PMP and submitted the final report in July 2023.

As part of this project, NCE determined the existing condition of the entire street network and developed 4 budget scenarios. NCE also assisted in developing a multi-year plan that accounted for the City’s pre-planned CIP projects. Vivek presented the findings of the PMP report to the City council.

Registrations/Certifications
Professional Engineer – Civil,
MD #52713
Professional Engineer – Civil,
NJ #24GE05734600
Pavement Management Program Updates
City of Anaheim, CA
HMA Plant Technologist,
Superpave Levels 1 & 2
HMA Construction
Technologist Project Manager. The City has approximately 584 centerline miles and NCE has been assisting the City with updating the PMP since 2013 including transitioning from PAVER™ to StreetSaver®. Vivek is currently managing the latest round of their PMP update using StreetSaver®. He is responsible for the analysis and quality control of pavement distress data, updating M&R decision trees and unit costs, and the development of budget scenarios and reports including submitting the OCTA report for Measure M2 funding.

Affiliations
Advisory Board Member,
CREATEs
ACRP Panel Member
Automated Pavement
Condition Survey Practices at
Airports
Pavement Management Program and Right-of-way Asset Inventory City of Redondo Beach, CA
Project Manager. Vivek is currently assisting the City with carrying out an inventory of right-of-way assets such as traffic signs and curb ramps. NCE last assisted the City in 2017 in developing a right-of-way asset inventory for assets such as sign inventory, curb ramp, pavement and curb marking, cross gutter inventory, and manhole inventory. In addition, to the asset inventory update, NCE is also assisting the City to update its PMP and develop a multi-year focus plan for the City by carrying out pavement design and base repair marking. The City has approximately 159.43 centerline miles of streets.

Joined NCE
2022
Total Years of Experience
14 years
Pavement Management and Road Surveying
County of San Diego, CA
Deputy Project Manager. Vivek assisted in summarizing the work done by the County and its impact on the “Road to 70” goal and determined the determining the PCI of the underserved communities in each CPG. He is currently assisting the County in identifying sections with missing As-Built data based on 2015/16 and 2021 network distress survey.

Covering an area of nearly 1,500 square miles, the County maintains approximately 1,950 centerline miles of roadways. The network is comprised of approximately 1,843 centerline miles of asphalt concrete roadways, with the remainder being exposed cement concrete or unpaved disintegrated granite.

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City of San Bernardino
Pavement Management Program and Asset Inventory
RFP F-24-03
Shahram Misaghi, MS, PE
QA/QC Manager
Shahram is an experienced Project Manager and Senior Project Engineer at NCE with over 20 years of experience in pavement management, asset management, maintenance, rehabilitation, design, and planning projects. His experience includes pavement and asset data collection and analysis. Currently, he is leading/involved in multiple projects focused on pavement right-of-way asset inventory for agencies across California, and he has led over 70 PMP projects in the last 12 years. He is highly proficient in StreetSaver® and PAVER™ and is certified by MTC to perform condition surveys.

Representative Projects
Statewide Local Streets and Roads Needs Assessment Education League of California Cities and County Engineers Association of California, California State Association of Counties, CA
MS, Civil Engineering,
University of Texas, El Paso,
2011
Senior Engineer. NCE has prepared the biennial needs analysis for both pavement and non-pavement assets for 540 cities and counties since 2008. This includes the development of a website, online database and data collection, and funding analysis. The results are used to document the funding needs for the next 10 years and assisted in the passage of SB1. The results are communicated to a variety of audiences, including state legislators, elected city/county officials, Directors of PW, engineers, and planners.

BS, Civil Engineering,
University of Science and
Technology, Tehran, 1999
Registration/Certifications
Professional Engineer – Civil,
CA #82874
StreetSaver® Training and Technical Support and PTAP Rounds 1-24 Metropolitan Transportation Commission (MTC), CA
MTC StreetSaver® Rater
Certification
Project Manager and Senior Engineer. NCE has been involved in many projects related to the development, implementation, and training of the StreetSaver® program. NCE implemented the StreetSaver® PMS in over 150 agencies since 1994. Shahram has trained users of the StreetSaver® software including the development of the training materials, ensuring interaction in the training, as well as conducting the training.

Joined NCE
2011
Total Years of Experience
22 years
Multiple Pavement Management System Implementations and Updates Various Cities and Counties, CA
Project Manager and Senior Engineer. Shahram has been involved with updating PMS for over 70 cities and counties in California. He is responsible for the analysis and quality control of pavement distress data, updating M&R decision trees and the treatment unit costs, and the development of budget scenarios and summary reports. He has developed the most cost-effective maintenance treatments and strategies, prepared custom multiple-year detailed street maintenance plans and budget option reports, and linked GIS maps with management sections in the client’s PMS database. He has also been responsible for QC review of client deliverables including final reports and agency submittals. Some of his current/past PMS clients in California include:
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Albany 
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Diamond Bar
El Cerrito
Fairfield
Fullerton
Highland
Lake County
Lake Forest
Mission Viejo
Monterey County
Moreno Valley
Oakland
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Orange County
Pebble Beach
Richmond
Alameda
Anaheim
Atherton
Bakersfield
Berkeley
Buena Park
Camarillo
Carson
Rocklin
San Francisco
Santa Maria
Seal Beach
South Gate
Stanton
Corona
Dana Point
Torrance
MTC and OCTA
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City of San Bernardino
Pavement Management Program and Asset Inventory
RFP F-24-03
Timin Punnackal, MS, PE
Project Engineer
Timin is a Professional Civil Engineer with over 12 years of experience in various transportation projects. He currently serves as the Project Manager for the Long-Term Pavement Performance (LTPP) Material Reference Library for FHWA and oversees the facility operations including incoming and outgoing material shipments and requests.

Outside of LTPP, Timin has demonstrated his skills in acquiring and assimilating pavement and non-pavement asset data on several projects. He has extensive experience acquiring and assimilating a variety of asset data for subsequent analysis and reporting and has expertise with ArcGIS network analysis and Google API tools to perform geocoding and routing for location data. He has developed macro-enabled documents and SQL queries and applications to assist in the analysis and management of data. He is proficient in using various analysis and PMP software such as StreetSaver®, AASHTOWare PavementME Design, ArcGis, Microsoft SQL Server, and R Studio.

Education
MS, Civil Engineering,
University of Nevada, Reno,
2010
BS, Civil Engineering,
University of Nevada, Reno,
2008
Representative Projects
Pavement Management Program Update and Right-of-Way Asset Inventory City of Redondo Beach, CA Registration/Certifications
Professional Engineer – Civil,
NV #024624
Project Engineer. Timin is currently assisting the City with carrying out an inventory of right-of-way assets such as traffic signs and curb ramps. NCE last assisted the City in 2017 in developing a right-of-way asset inventory for assets such as sign inventory, curb ramp, pavement and curb marking, cross gutter inventory, and manhole inventory. In addition, to the asset inventory update, NCE is also assisting the City to update its PMP and develop a multi-year focus plan for the City by carrying out pavement design and base repair marking. The City has approximately 159.43 centerline miles of streets.

Affiliations
Friend of TRB Committee
AKP10
Friend of TRB Committee
AKP40
Pavement Management Program Update Joined NCE
City of Anaheim, CA 2009
Project Engineer. The City has about 584 centerline miles and NCE has been assisting the City with updating the PMP since 2013 including transitioning from PAVER™ to StreetSaver®. Timin is currently working on the latest round of their PMP update using StreetSaver®. He is responsible for the data analysis and reporting including developing GIS shapefile to convey the City’s long term street resurfacing plan to internal and external stakeholders.

Total Years of Experience
14 years
Roadway Analysis and Distress Surveys for County Roads
County of Orange, CA
Project Engineer. NCE is providing pavement distress surveys in accordance with ASTM D6433-11 on roadways for the unincorporated portions of Orange County and the City of Dana Point for a five-year period beginning in FY 2020-2021 through FY 2024-2025. As part of the project, Timin assisted in analyzing the PMP data and developing a seven-work plan as per OCTA requirements for the 2023 submittal.

Pavement Management Program
City of Yorba Linda, CA
Project Engineer. Timin is currently working on the City’s 2024 PMP update. As part of this project, Timin will analyze the impact of three funding scenarios on the City’s average network PCI over the next seven years. Timin is also working on developing a City’s specific 2-year focus work plan which will include streets that need to be resurfaced as part of the City’s CIP program. He will also develop a PMP report and OCTA M2 deliverables as part of this project.

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City of San Bernardino
Pavement Management Program and Asset Inventory
RFP F-24-03
Debaroti Ghosh, PhD, EIT
Project Engineer
Debaroti has extensive experience serving as a Project Engineer for complex pavement management, maintenance, rehabilitation, design, and planning projects. She has expertise in asphalt material characterization, material rheology assessment, pavement management system, construction material lab testing, non-destructive and accelerated pavement testing. Her non-destructive pavement testing experience includes using ground penetrating radar (GPR), rolling density meter, and falling weight deflectometer.

She is proficient in pavement design, soil-mechanics, pavement preservation, concrete pavement evaluation, earthquake engineering and pavement distress identifications. She also has experience in rigorous data analysis and structural analysis. Debaroti is certified by the MTC to perform pavement distress inspections. Education PhD, Civil Engineering,
University of Minnesota, Twin
Cities, 2018
MS, Civil Engineering,
University of Oklahoma, 2014
Representative Projects
Impact of Waste Vehicles on City’s Street Network
City of Lake Forest, CA
Project Engineer. NCE was recently selected to evaluate the impact of refuse collection trucks on the City’s street network. The primary focus of this study is to quantify the impact of these refuse on the pavement life and determine the financial impact associated with reduction in pavement life. As part of this project, Debaroti is using the City’s StreetSaver® database to carry out this analysis.

BS, Civil Engineering,
Bangladesh University of
Engineering & Technology,
2010
Registrations/Certifications
MTC StreetSaver® Rater
Certification
FY 2018 to FY 2024 Street Rehabilitation Program
City of San Marino, CA
Engineer-in-Training #675746
Pavement Engineer. Since 2018, NCE has provided pavement evaluation and design services for various roadways. A pavement condition survey was conducted with distresses identified along with areas for potential base repairs. Coring, sampling, and laboratory testing were performed, and a pavement design and soil investigation memorandum were prepared. The memorandum included potential treatments with a focus on sustainable treatments and cost-saving measures including ARHM and CIR. The street rehabilitation programs included a cost-savings focused design to implement PS&E for the City’s annual roadway maintenance and PMS implementation. NCE provided detailed field markings and inventory for localized base repairs and concrete curb and gutter repairs to provide improved bidding and construction cost outcomes. NCE was recently selected by the City to provide pavement evaluation and design services for FY 2022-23 and 2023-24.

Affiliations
American Society of Civil
Engineers
Women in Transportation
Engineering
Association of Asphalt
Pavement Technology
Joined NCE
2018
Total Years of Experience
5 years
Multiple Pavement Management System Implementations and Updates Various Cities and Counties, CA
Project Engineer. Debaroti has been involved in developing and updating pavement management program plans for several cities and counties in California. She has been responsible for pavement distress data collection, analysis, and quality control; updating maintenance and rehabilitation decision trees with treatment unit costs; performing multiple-year budget scenario analyses; and preparing summary reports. Some of her current/past PMS California clients include:
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Buena Park
Carmel
Clearlake
Contra Costa County
Lake County
Lakeport
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Marin County
Martinez
Mission Viejo
Richmond
San Deigo County
San Francisco City/County  MTC and OCTA
 Santa Cruz City/
County
Scotts Valley
Shasta County
Ventura County
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City of San Bernardino
Pavement Management Program and Asset Inventory
RFP F-24-03
Mahmoud Samara, MS, EIT
Staff Engineer
Mahmoud recently began his engineering career as a Staff Engineer at NCE and has been involved in pavement related projects that include pavement design and evaluation, rehabilitation and maintenance, and pavement and asset management. Prior to joining NCE, Mahmoud served as a graduate research assistant in Research and Education in Advanced Transportation Engineering Systems at Rowan University, New Jersey.

Mahmoud has expertise in the areas of laboratory performance characterization of flexible pavements materials, pavement management system, life cycle cost analysis of pavement structures, non-destructive testing, FWD, and flexible pavement design.

Representative Projects Education
MS, Civil and Environmental
Engineering, Rowan University,
Glassboro, New Jersey, 2022
BS, Civil Engineering/Highway
and Bridges Engineering, AlBalqa Applied University, Salt, Jordan, 2017
Pavement Management Program Update
City of Anaheim, CA
Staff Engineer. The City has about 584 centerline miles and NCE has been assisting the City with updating the PMP since 2013 including transitioning from PAVER™ to StreetSaver®. Timin is currently working on the latest round of their PMP update using StreetSaver®. He is responsible for the data analysis and reporting including developing GIS shapefile to convey the City’s long term street resurfacing plan to internal and external stakeholders.

Registrations/Certifications
Engineer-in-Training – CA
(pending) Roadway Analysis and Distress Surveys for County Roads County of Orange, CA Affiliations
Associate member with the
American Society of Civil
Engineers (ASCE)
Staff Engineer. NCE is providing pavement distress surveys in accordance with ASTM D6433-11 on roadways for the unincorporated portions of Orange County and the City of Dana Point for a five-year period beginning in FY 2020-2021 through FY 2024-2025. The County of Orange and the City of Dana Point maintain approximately 365.1 miles and 93.5 miles of roadways, respectively, which includes both the Master Plan of Arterial Highways and local public roads. Both the County and City perform biennial updates of its PMP to assist policy makers in making decisions for road maintenance as well as complying with the OCTA Measure M2 Program.

Student Member in Academy of
Pavement Science and
Engineering (APSE)
Friend of TRB committee AKM20
Member in TRB Young Members
Subcommittee
Pavement Management Program Update, Multi-year Focus Plan, Pavement Design, and Base Repair Markout
Joined NCE
2022
City of Redondo Beach, CA Total Years of Experience
Pavement Engineer. NCE is assisting the City with the updating their of the PMP which comprises of 160 centerline miles of pavement. Once the PMP update is completed, NCE will assist the City with developing a multi-year focus plan, field (coring) and laboratory testing, and eventually developing pavement treatment recommendation based on pavement design and site conditions. NCE will also markout base repairs every year prior to construction.
2 years
Pavement Management Program Update
City of Lemon Grove, CA
Pavement Engineer. NCE is providing an update to the City’s PMP. The project consists of reviewing all public roadways within the City, evaluating and updating/upgrading the City’s existing PMP software, and providing capital improvement program planning document for a five-year capital budget. The City’s street network is approximately 70 centerline miles with 486 pavement segments. The City currently uses StreetSaver® for its PMP needs. The last PMP update performed by NCE in 2018 determined the City’s average pavement condition index (PCI) was 60, which is considered “fair” condition.

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City of San Bernardino
Pavement Management Program and Asset Inventory
RFP F-24-03
Shaun Russo
Pavement Management Program (PMP) Analyst
Shaun recently joined NCE in 2023 as a pavement management program analyst. He brings over five years of experience leading various types of public works projects throughout Southern California. He has completed projects for over 60 local agencies including pavement management programs, sidewalk management programs, right-ofway asset inventories, and various types of GIS technical support. His clients include various municipal and local government agencies throughout San Diego, Orange, Los Angeles, Riverside, and San Bernardino Counties. He is experienced in pavement distress data collection according to the ASTM D6433 standards and has completed the Orange County Transportation Authority’s (OCTA) PAVER™ ‘Distress Identification’ course for Asphalt Concrete and Portland Cement Pavements. His experience with Geographic Information Systems (GIS) has allowed him to perform advanced analysis of different types of data and has allowed him to ensure a high level of data accuracy across his projects. Shaun has worked on all aspects of pavement/sidewalk management programs from initial network creation to budgetary analysis and maintenance recommendations.

He is proficient in using MicroPAVER™ and StreetSaver® and has built and maintained databases for several local agencies.

Registration/Certifications
OCTA Pavement Inspector
Prequalification
Affiliations
American Society of Civil
Engineers
American Public Works
Association
Representative Projects Joined NCE
Impact of Waste Vehicles on City’s Street Network 2023
City of Lake Forest, CA Total Years of Experience
PMP Analyst. NCE was recently selected to evaluate the impact of refuse collection trucks on the City’s street network. The primary focus of this study is to quantify the impact of these refuse on the pavement life and determine the financial impact associated with reduction in pavement life.
5 years
10-Year Pavement Management Plan
Orange County Transportation Authority (OCTA), Orange, CA Senior Technician and Data Analyst. The OCTA was looking for a 10-Year countywide pavement management plan to assess Orange County’s countywide budgetary needs through 2032. Mr. Russo’s role was to review the PMP databases and associated GIS files for all 35 agencies and report on the accuracy and integrity of the datasets. OCTA wanted to see if the Measure M funding requirements were being followed by each agency/ consultant and to what extent. He was able to identify both strengths and weaknesses in the datasets and recommendations were made to OCTA on what should be expected from each agency and their consultants moving forward.

Multiple Pavement Management System Implementations and Updates Various Cities and Counties, CA
Senior Technician and Analyst. Projects included various forms of surveys for pavement distress data collection, sidewalk distress data collection, and GIS field data collection. 
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Laguna Beach
Laguna Hills
La Habra
La Habra Heights
La Palma
Lakewood
Newport Beach
Orange
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Placentia
San Clemente
Santa Ana
Seal Beach
Stanton
Tustin
Vista
Yorba Linda
MTC and OCTA
Buena Park
Commerce
Costa Mesa
Cypress
Fountain Valley
Fullerton
Huntington Beach
Irvine Palmdale
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City of San Bernardino
Pavement Management Program and Asset Inventory
RFP F-24-03
Franc Escobedo
Senior Field Technician
Franc has decades of experience serving as a Pavement Management Technician. He has performed numerous pavement condition surveys for public agencies across California and has collected distress data for various Pavement Management Programs for StreetSaver®, PAVER™, Cartegraph, and Hansen systems. He has recently collected data for the local Cities of Aliso Viejo, Anaheim, Corona, Mission Viejo, Newport Beach, Orange, Redondo Beach, San Clemente, Santa Barbara, Santa Maria, and Thousand Oaks, as well as the Counties of Orange and Ventura. To date, Franc has performed condition inspections on over 6,000 centerline miles of roads and streets in California alone. Mr.

Escobedo leads/performs all activities related to data collection and is an active participant in the QC process. He has completed the OCTA PAVER™ and MTC “Distress Identification” courses and now assists with the training of agency staff on both courses.

Education
Computer Operations
Program, Computer Learning
Center, Los Angeles, CA, 1983-
84 Network Engineering &
Administrative Program
Representative Projects
Pavement Management and Road Surveying
County of Orange, CA
Senior Engineering Technician and Pavement Distress Surveyor. The project scope includes verifying the road inventory for a road network (674 centerline miles), surveying the roads using ASTM D6433-11 protocols, updating the maintenance history, developing maintenance strategies, performing multiple budget scenarios, linking to a GIS shapefile, developing a seven-year work plan, and preparing reports. Concurrent with the pavement condition survey, mobile data collection units gathered high-resolution 360-degree georeferenced right-of-way street level digital imagery along with 3D point cloud data. Assets collected included markings, signs, curb ramps, signals, and drainage features.

Computer Learning Center,
Anaheim, CA, 1997
Certified Network
Administration
Computer Learning Center,
Anaheim, CA 1997
Registrations/Certifications
OCTA PAVER™ Certification
MTC StreetSaver® Rater
Certification Program
Pavement Management and Road Surveying
County of San Diego, CA
Joined NCE
2004 Senior Field Technician. Collecting distress data for AC/PCC surfaces as per ASTM D6433 standards. Inspected control sections for a prior automated survey.

Total Years of Experience
Pavement Management Inspections 22 years
Various Cities and Counties, CA
Senior Field Technician. Listed below is a collection of Southern California agencies that Franc has performed condition inspections. These projects have included various forms of inspections for pavement distress data collection, such as walking, windshield and/or semi-automated.
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Agoura Hills
Aliso Viejo
Anaheim
Baldwin Park
Bell
Buena Park
Burbank
Camarillo
Chula Vista
Corona
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Encinitas
Fullerton
Hermosa Beach
Highland
La Habra
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San Gabriel
Santa Barbara City/
County
Santa Maria
Santa Monica
Seal Beach
Stanton
Thousand Oaks
Torrance
Ventura County
West Covina
Whittier
Yorba Linda
MTC and OCTA
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Lake Forest
Lemon Grove
Manhattan Beach
Mission Viejo
Newport Beach
Orange City/County
Poway
Dana Point
Diamond Bar
Downey San Clemente
El Cajon San Diego County
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City of San Bernardino
Pavement Management Program and Asset Inventory
RFP F-24-03
Joseph DeLeon
Senior Field Technician
Josehp joined NCE in 2017 as a Pavement Management Technician and is very experienced in collecting distress data for pavement and asset management projects. He currently leads/performs all activities related to data collection and is an active participant in the QC process. Mr. DeLeon has recently collected distress data for the Cities of Aliso Viejo, Anaheim, Baldwin Park, Corona, Mission Viejo, Santa Maria, and Thousand Oaks, and the County of Orange. He has completed certification for the OCTA PAVER™ ‘Distress Identification’ course for Asphalt Concrete and Portland Cement Pavements. He is also certified by the MTC to perform pavement distress inspections; the certification testing involves passing a rigorous field test to test the inspector’s knowledge of the distress procedures once a year. The Pavement Inspector Certification/Testing covers ASTM D6433 for PAVER™ and StreetSaver® modified ASTM D6433 distress types.

Education
Mendocino College
Registrations/Certifications
OCTA PAVER™ Certification Representative Projects
Automated Survey, Control Sections, and Trench Cuts
City of Anaheim, CA
MTC StreetSaver® Rater
Certification Program
Senor Field Technician. Drove automated rig to conduct automated survey on residential roads and arterials in Anaheim, followed by inspection of control sections. Also conducted trench cut surveys for upcoming arterial maintenance.

Joined NCE
2017
Total Years of Experience
Pavement Management Program and Right-of-way Asset Inventory 5 years City of Redondo Beach, CA
Senior Field Technician. Joseph assisted in the data collection. NCE is currently assisting the City with carrying out an inventory of right-of-way assets such as traffic signs and curb ramps. NCE last assisted the City in 2017 in developing a right-of-way asset inventory for assets such as sign inventory, curb ramp, pavement and curb marking, cross gutter inventory, and manhole inventory. In addition, to the asset inventory update, NCE is also assisting the City to update its PMP and develop a multi-year focus plan for the City by carrying out pavement design and base repair marking. The City has approximately 159.43 centerline miles of streets.

Pavement Management and Pavement Condition Inspections
Various Cities and Counties, CA
Senor Field Technician. Listed below is a collection of Southern California agencies that Joseph has performed condition inspections. These projects have included various forms of inspections for pavement distress data collection, such as walking, windshield and/or semi-automated.
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Aliso Viejo
Anaheim
Baldwin Park
Buena Park
Carson
Corona
Cypress
Dana Point
Diamond Bar
Downey
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Garden Grove
Highland
Lake Forest
Manhattan Beach
Newport Beach
Orange City/County
Orange Cove
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Santa Ana
Santa Barbara City/
County
South Gate
Thousand Oaks
Torrance
Ventura City/County
West Covina
Whittier
Yorba Linda
MTC and OCTA
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Pacific Grove
Redondo Beach
San Clemente
El Cajon San Diego County
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City of San Bernardino
Pavement Management Program and Asset Inventory
RFP F-24-03
Ken Huisman
Field Supervisor
Ken brings more than 30 years of experience in the pavement and infrastructure management consulting industry. Over the course of Ken’s career, he has provided many aspects of infrastructure management to government agencies across North America.

During this time, he has supervised the creation of large and complex public pavement infrastructure and GIS databases for many municipal, state, and federal projects. Ken has also an extensive portfolio in providing PMP services and is proficient with most off-theshelf pavement management programs in the marketplace. He is routinely consulted by various agencies to provide helpful solutions that are applied throughout the entire life cycle of public infrastructure management.

Education
Ken is a graduate of the School of Engineering at Georgian College in Canada. He spent 17+ years of his career with Stantec Consulting working his way up to Senior Associate before founding Mission Geographic in 2007, now known as märker geospatial, a firm dedicated to providing public works users and decision makers with a variety of innovative and useful infrastructure asset management tools. His experience with various operation management software technologies together with data collection and GIS mapping services—such as infrastructure asset inventories, condition assessments, GIS field infrastructure mapping, and 3D reality capture using LiDAR, has made him a great resource for all the clients that he works with.

Environmental Engineering
Degree, School of Engineering,
Georgian College, Ontario,
Canada, 1997
Registration/Certifications
MTC StreetSaver® Rater
Certification Program
OCTA Prequalified for
Automated Data Collection
Career Accolades: Joined märker
2007 
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Participates in the FHWA on the Long-term Pavement Performance program.

Served and helped over 220+ local government public works agencies.

Aided ten (10) state and provincial governments on pavement management projects.

Total Years of Experience
30 years
 Involved with some of the earlier high-speed pavement profiling equipment provided in the industry.

Representative Projects
Ken has worked collectively with the NCE team on numerous asset and pavement management projects for many cities and counties in California as noted below:
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Anaheim  Kings County
 Lake County APC
 Lakeport
 Madera County
 Manhattan Beach
 Mendocino COG
 Merced County
 Monterey County and
Cities (TAMC)
 MTC
 Napa
 OCTA
 Orange City/County
 Rancho Cordova
 Redondo Beach
 Rocklin
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Sacramento City/County
San Diego County
San Francisco City/County
Santa Barbara City/County
Santa Cruz City/County
Shasta County
Siskiyou County
Stanislaus COG
Thousand Oaks
West Sacramento
Yolo County
Bakersfield
Baldwin Park
Calaveras County
Clearlake
Citrus Heights
Contra Costa County
Davis
Diamond Bar
Elk Grove
Fresno COG
Fullerton Yorba Linda
Glenn County
Hermosa Beach
Highland
California State
 California DOT
(Caltrans)
Kern County
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City of San Bernardino
Pavement Management Program and Asset Inventory
RFP F-24-03
Ammar Wager
Technology Lead
Ammar heads the technology section of Transconomy. He has a multitude of expertise including but not limited to product strategy, artificial intelligence, computer vision, LiDAR, and data science. Ammar is focused on product delivery and product enhancement with the aim of servicing firms in the US to make data-driven decisions to ultimately improve road safety and save lives.

Representative Projects
Pavement Inventory Project
City of Irvine, CA
Education Project Delivery Lead. The scope of work for this project included development of an upto-date pavement inventory for the street network in the City of Irvine totaling approximately 1000 lane-miles. The result of this task was a compiled pavement inventory in KMZ format along with associated metadata.

MS, Mechanical Engineering,
University of South Florida,
Tampa, FL
BE, Mechatronics Engineering,
National University of Sciences
and Technology, Islamabad,
Pakistan
Infrastructure Asset Data Collection Services
City of Santa Maria, CA
Project Delivery Lead. Together with NCE, performed right-of-way (ROW) asset inventory for the entire City’s street network of 250 miles. In addition to the street network, the team was also tasked with doing an asset inventory for the City owned/maintained parking lots, parks, and special districts. NCE scope of work involved providing a GIS shapefile with all the asset attributes and hosting the data on the NCE Asset Management platform for 3 years. The following assets are being inventoried as part of this project.

Registration
EIT, Maryland
Joined Transconomy
2019
Years of Experience
10 years Asset Extraction Project
City of Bowie, MD
Project Delivery Lead. Ammar’s role in this project is to make sure the project delivery is accurate and complete. The City of Bowie, Maryland has 400 lane miles of streets. For this project, Transconomy performed PASER pavement condition surveys as well as a complete asset inventory. The asset inventory included signs, lighting, guardrails, curb and gutter, manholes, sidewalks, fire hydrants, etc.). The results were presented in Transconomy’s Viewer software as well as a geodatabase and CSV files. This project identified almost 10,000 assets within the City and the results were very well received by the client.

Asset Extraction Project
City of Littleton, CO
Project Delivery Lead. The main requirement of the project was to deliver an up-to-date traffic sign inventory for the City of Littleton. All traffic signs along the routes, interchange ramps, and side roads as defined in the Manual on Uniform Traffic Control Devices for Streets and Highways as well as any State-specific or non-MUTCD signs were included in the asset inventory. This was a 400 lane-mile network.

Asset Extraction Project
City of Englewood, CO
Project Delivery Lead. This project consisted of extracting signs, sign supports, line striping and pavement markings. The signs were extracted and classified according to the MUTCD. The processed inventory was delivered as a CSV, KMZ, and an ESRI shape file geodatabase. The final inventory was also delivered in Transconomy Viewer as a valueadd to this project. This was a 260 lane-mile network.

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City of San Bernardino
Pavement Management Program and Asset Inventory
RFP F-24-03

5. Fiscal Stability
Evidence of Corporate Stability
Nichols Consulting Engineers, CHTD. (NCE) is a financially sound corporation with offices in California, Nevada and Arizona.

NCE and has experienced steady growth over the last several years and anticipates reasonable net revenue in its 2024 business plan. The firm maintains a current net revenue multiplier year to date of 3.53 evidencing its strong financial position. There are no known unrecognized claims against the firm, legal or otherwise. All statutory obligations, including tax filings and payments, are current and paid in full. All other obligations are current under the agreed business or supplier terms. NCE has never defaulted on an obligation. NCE maintains a line of credit adequate for its cash requirements. The line is currently unused. The firm also maintains an adequate backlog of professional work to ensure its long-term viability. Further, NCE has successfully completed audits with the Defense Contractors Agency, the Metropolitan Transportation Commission, and Caltrans for both financial and operational requirements. No deficiencies were noted in any of the auditors’ reports.

Per the RFP requirements, NCE’s supporting financial documentation, including a letter from our financial institution as well as the firm’s latest audited financial statements which are considered confidential, follows this page.

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City of San Bernardino
Pavement Management Program and Asset Inventory
RFP F-24-03

6. Experience and Technical Competence
NCE’s proposed project personnel have the relevant experience and in-depth understanding of the City’s objectives required to successfully perform the pavement and asset management services as described in the City’s RFP. With our combination of previous local experience in San Bernardino County, successful completion of similar projects, recognized technical leaders that are proven pavement experts, and an approach that demonstrates a detailed plan for the field inspections; the NCE Team will meet the project goals, save time and money, and make leading, positive contributions to the City’s pavement and asset management process. We are confident our team will successfully achieve the City’s goals and objectives on this project.

Experience
Technical and Professional Skills

PAVEMENT AND ASSET MANAGEMENT EXPERTISE
NCE has extensive experience evaluating and implementing pavement management systems for numerous public agencies throughout California and the west coast. We are a nationally recognized pavement specialty firm, with broad capabilities and expertise in the areas of pavement management, asset management, civil engineering, and pavement design, evaluation, and analysis. We provide pavement management services and are proficient with most software currently in use, including StreetSaver®, PAVER™, and Cartegraph, which account for 76% of all California agencies. In addition to our pavement management experience, we can assist the City to plan a regional multi-year capital improvement program more effectively.

We are active in over 10 pavement-related (including pavement and asset management) committees at the Transportation Research Board, a national research organization, and since 2008, we have worked closely with The League of California Cities’ Oversight Committee on the Statewide Local Streets and Roads Needs Assessment. Our role has been to lead the systematic needs assessment of the local roads and streets in California, report the condition of the system, and describe the overall funding strategies for the local streets and road transportation network.

NCE’s expertise in pavement management systems is exemplified by our close relationship with OCTA and MTC, both agencies known for their PMP distress and software training, guidelines and certification programs. We are both OCTA and MTC certified and we have a solid familiarity and working knowledge of StreetSaver®. Additionally, over the years, we have also obtained a positive and collaborative relationship with StreetSaver® management and technical staff which serves as a benefit to our clients. When issues arise, StreetSaver® staff serve as an extension of NCE’s team and respond quickly to inquiries. NCE’s expertise in PMPs is exemplified by our close relationship with MTC. Therefore, we offer the City superior service and a wealth of knowledge and skills working the program and utilizing the data to apply and recommend new pavement technologies for design and rehabilitation. We are committed to remaining at the forefront of the latest PMP technology and methodology.

GIS ANALYSIS, MODELING, AND MAPPING USING THE LATEST ESRITM SOFTWARE NCE staff have an in-depth knowledge and understanding of the GIS needs of public entities and the importance of geospatial data in making critical resource(s), impact analysis, and management decisions. These decisions require well thought out tools that allow for efficient management, deployment, and dissemination of spatial data (both internal and external for the public).

Our experience with GIS development and analysis, cartography, and asset management is extensive and includes projects for municipalities across California and Nevada. Our services include mobile data collection, integration with asset and PMP software, and detailed mapping capabilities using the latest ESRITM software which includes ArcGIS®, and ArcPro.

RIGHT-OF-WAY ASSET INVENTORY AND INSPECTION
The NCE team can collect additional right-of-way asset data in concert with the same mobilization as the pavement distress data thus leading cost-savings for the City. The GPS and 360-degree right-of-way Street Scan will collect street-level imagery suitable for a citywide asset database, with approximately 1-meter precision. The asset inventories are provided as a tabular report and an industry-standard GIS format such as ESRI File Geodatabase (.gdb) compatible with ESRI ArcGIS Pro. NCE can also offer data-hosting services in ArcGIS Online for the City. The Street Scan can provide inventory and inspection information for a variety of roadside assets including traffic signs, sidewalks, curbs, ADA ramps, pavement markings, and other assets such as curb markings, cross gutters, speed humps, storm drains, and guardrails/ barricades.

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City of San Bernardino
Pavement Management Program and Asset Inventory
RFP F-24-03
Past Experience with Public Agencies NCE has been in business for 34 years, since 1990.

NCE has been a leader in the field of pavement management and design and has successfully diversified its services over the last 34 years since 1990, while still maintaining its reputation as experts in the field of pavement research, management, design, and reconstruction. NCE is well versed in California’s pavement management standards, regulations, and the latest software.

We remain at the forefront of existing and emerging PMP methods and technology trends. NCE has performed PMP implementations and updates for more cities and counties than any other firm in California, and our clients in the pavement and engineering field include more than 220 agencies, including over 90 cities and counties in Southern California alone. We are currently providing or have provided PMP and asset management data collection services for the following local agencies:
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City of Aliso Viejo
City of Anaheim
City of Baldwin Park
City of Buena Park
City of Burbank
City of Carson
City of Cathedral City
City of Corona
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City of Huntington Park
City of Laguna Niguel
City of Lemon Grove
City of Lake Forest
City of Manhattan Beach
City of Mission Viejo
City of Moreno Valley
City of Newport Beach
City of Orange
City of Redondo Beach
City of San Clemente
City of San Gabriel
City of Santa Ana
City of Santa Barbara
City of Santa Maria
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City of Santa Monica
City of Seal Beach
City of South Gate
City of Stanton
City of Temple City
City of Thousand Oaks
City of Torrance
City of Ventura
City of West Covina
City of Whittier
City of Yorba Linda
County of Orange
County of Santa Barbara
County of San Diego
MTC and OCTA
City of Cypress
City of Dana Point
City of Diamond Bar
City of El Cajon
City of Fullerton
City of Garden Grove
City of Highland
References
NCE has had the privilege to work with many cities and counties in California. The individual and agency references below will allow the City to verify NCE’s experience in delivering associated services on similar pavement and asset management projects.

NCE Client References
Frank Arebalo Jason Thiem Lauren Sablan
Program Manager Associate Civil Engineer
City of Anaheim PWD
200 South Anaheim Boulevard
Anaheim, CA 92805
Phone: (714) 765-5100
Email: [email protected]
Project: PMP Updates and Conversion
Size: 584 centerline miles
Principal Civil Engineer
City of Redondo Beach PWD
415 Diamond Street
Redondo Beach, CA 90277
Phone: (310) 318-0661
Email: [email protected]
Project: PMP/Asset Inventory Updates
Size: 159.43 centerline miles
County of San Diego PWD
5560 Overland Avenue, Suite 270
San Diego, CA 92123-1204
Phone: (858) 344-9545
Email:

[email protected]
Project: PMP Updates and Conversion
Size: 1950 centerline miles
Krishnamenon Nadaraia, PE
Senior Civil Engineer
Barry Ghaemi
Associate Engineer
Thomas Korman, PE
Principal Civil Engineer
County of Orange PWD
400 West Civic Center Drive
Santa Ana, CA 92701
City of Corona PWD
400 S. Vicentia Avenue
Corona, CA 92882
City of Santa Maria PW/Engineering
110 South Pine Street, Suite 101
Santa Maria, CA 93458
Phone: (714) 245-4516 Phone: (951) 739-4961
Email: [email protected]
Project: PMP Updates and Conversion
Size: 400 centerline miles
Phone: (805) 361-9291
Email: ocpw.ocgov.com
Project: PMP Updates and Conversion
Size: 674 centerline miles
Email: [email protected]
Project: Citywide Asset Data Collection
Size: 250 miles
Please note that NCE has respectfully provided letters of reference for the City’s review in the Appendices section of this document.

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City of San Bernardino
Pavement Management Program and Asset Inventory
RFP F-24-03
Local Experience and Knowledge of the City
NCE has performed similar PMP projects in San Bernardino County for the Cities of Highland and Upland. The NCE team also has knowledge and experience with the City’s, Caltrans, and Greenbook engineering standards, requirements, and guidelines.

Project Specific Experience
The following pages detail our work on several projects with tasks that are similar, if not identical to the City’s scope that were completed within the last five (5) years by NCE and NCE key personnel. These project examples demonstrate our team’s pavement and asset management expertise, as well as the diverse experience and capabilities that we can provide to the City.

Pavement Management Program Implementation and Update | City of Highland, CA Description of Services: In 2004, NCE was retained by the City of Highland to implement a PMP for the entire City street network, which consists of 1,169 pavement sections or approximately 159 centerline miles. As part of the latest round of PMP updates (2023), NCE determined the condition of the existing streets and determine the PCI by functional class and sectors. NCE also performed numerous budget scenarios and presented the results of 4 budget scenarios which included the existing City budget for 5 and 10-year period, budget required to improve PCI by 1 point, and improve and maintain PCI at 70. Finally, NCE prepared a presentation to the City Council. This task also included meeting with City staff prior to the Client:

Carlos Zamano, PE
presentation to discuss items such as the goal of the presentation, the level of knowledge and backgrounds of the audience, the number of stakeholders involved Public Works Director/ City Engineer and other potential issues.

City of Highland PWD Dollar Value of Services: $264,830; Dollar Value of the Fee: $264,830 27215 Base Line Street Role of the Firm: Prime; Relationship to Client: Consultant Highland, CA 92346
Phone: (909) 864-6861, ext. 254
Fax: (909) 862-3180
Duration of Services: 2004 (Implementation), 2020 to 2023 (PMP Updates) NCE Key Staff: Margot Yapp (Principal-in-Charge), Vivek Jha (Project Manager), Shahram Misaghi (Senior Engineer), Timin Punnackal (Project Engineer), Franc Escobedo (Senior Field Technician), and Joseph DeLeon (Senior Field Technician).

Subconsultants: Ken Huisman of märker geospatial (Field Supervisor).

Email: [email protected]
Citywide Asset Data Collection | City of Santa Maria CA Description of Services: NCE was selected by the City to perform right-of-way (ROW) asset inventory for the entire City’s street network of 250 miles, including sidewalks, traffic signs, pavement markings, curb ramps, curb marking, and City owned/ maintained parking lots. NCE scope of work involved providing a GIS shapefile with all the asset attributes and hosting the data on the NCE Asset Management platform for 3 years. The following assets are being inventoried by NCE as part of this project.  Sidewalk
 Traffic Signs
 Pavement Markings and Striping
 Curb, Gutter, and Curb Markings
 Curb Ramps
Client:

Thomas Korman, PE
Principal Civil Engineer
City of Santa Maria PW/Engineering
110 South Pine Street, Suite 101
Santa Maria, CA 93458
Phone: (805) 361-9291
Fax: (805) 928-4995
 Driveway Aprons
 Light Post
NCE was recently selected by the City to perform pavement condition surveys on the arterials and collectors’ streets (~100 miles), determine pavement geometry data for the entire network, develop pavement management sections based on City’s current M&R practices.

Dollar Value of Services: $173,500; Dollar Value of the Fee: $173,500 Role of the Firm: Prime; Relationship to Client: Consultant Duration of Services: 2023 and Ongoing
Email: (directly below)
[email protected]
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City of San Bernardino
Pavement Management Program and Asset Inventory
RFP F-24-03
NCE Key Staff: Vivek Jha (Client Manager), Shahram Misaghi (Project Manager),Timin Punnackal (Project Engineer), Mahmoud Samara (Staff Engineer), Franc Escobeo (Field Technician), and Joseph DeLeon (FieldTechnician).

Subconsultants: Ken Huisman of märker geospatial (Field Supervisor), and Ammar Waqar of Transconomy (Technology Lead).

Pavement Management Program Updates and StreetSaver® Conversion | City of Anaheim, CA Description of Services: NCE updated Anaheim's PMS in compliance with OCTA's Measure M2 requirements from 2013 to 2023. The street network consists of approximately 584 centerline miles of pavement including 155 miles of Arterial Highway System (AHS) and 429 centerline miles of Local Street System (LSS). Project tasks performed by the NCE team under these contracts have included:
 Converted PAVER™ databases to StreetSaver® in 2019.
 Distress/condition inspections as per ASTM D6433.
 Collected ride quality (International Roughness Index) and digital images of the pavements.

Client:

Jason Thiem
 Updated the maintenance and rehabilitation (M&R) history.  Created shapefiles and KML files with the pavement condition information.

Associate Civil Engineer
City of Anaheim
 Implemented a rigorous QC plan for data control and delivery.  Performed funding scenarios (targeted seven-year network average Arterial PCI of 75 and PCI 71 for local streets with no more than a 12% backlog; maintained the current backlog of streets, i.e., PCI<40 or 12%; maintained current PCI:

Arterial PCI of 73 and local street PCI of 69; and performed additional scenarios per OCTA guidelines).
200 South Anaheim Boulevard
Anaheim, CA 92805
Phone: (714) 765-5100
Fax: (714) 765-5225
Email: [email protected]  Prepared all reports and submittals to OCTA.  Identified missing sidewalk gaps.
 Develop a 5-year workplan for the MPAH.

Dollar Value of Services: $617,730; Dollar Value of the Fee: $617,730 Role of the Firm: Prime; Relationship to Client: Consultant Duration of Services: 2014/15, 2016/17, 2018/19, 2020/21, 2022/23 NCE Key Staff: Margot Yapp (Principal-in-Charge), Vivek Jha (Project Manager), Timin Punnackal (Project Engineer), Mahmoud Samara (Staff Engineer), Franc Escoobedo (Field Technician), and Joseph DeLeon (Field Technician).

Subconsultants: Ken Huisman of märker geospatial (Field Supervisor).

Required Statement(s)
Please note that none of the items listed under Item b. Project Specific Experience, sub bullet (ii) applies to NCE.

Technical Competence
In-house Resources
NCE’s Fountain Valley office will be responsible for the work and delivery of this project and is well staffed and equipped to complete all necessary work. The NCE staff operate in state-of-the-art facilities that permit optimum working conditions. NCE’s facilities include offices for professionals, technical, and support staff; state-of-the-art communications equipment; conference rooms; reproduction areas, and a computer room housing the Local Area Network (LAN). NCE utilizes the latest in standard office software, design engineering software, mobile applications, GIS platforms, computers, workstations, copying equipment including LaserJet printers, scanners, and high-speed large format plotters to produce high quality engineering plans.

Multi-disciplinary Staff Resources
The NCE team has the skills and capacity to complete multiple assignments, and we have extensive experience and staff in varied service disciplines located in California, Nevada, and Arizona to support multiple, concurrent projects. In addition, the NCE team can readily draw upon additional bench depth from a variety of technical professionals including engineers, CAD designers, biologists, scientists, planners, hydrologists, resource experts, GIS specialists, landscape architects, geologists, construction managers, inspectors, and field technicians who will support our key staff in delivering multi-disciplinary projects.

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City of San Bernardino
Pavement Management Program and Asset Inventory
RFP F-24-03

7. Proposed Method to Accomplish the Work
Project Understanding
NCE understands that the City of San Bernardino (City) is seeking proposals from consulting firms with expertise in developing, implementing, and/or preparing updates for a pavement management program (PMP). A comprehensive PMP will be critical in assisting the City in developing funding scenarios as well as multi-year budget and treatment plans that are practical and cost-effective. Ideally, the PMP is used to prepare a multi-year maintenance plan, which consists of a rotating maintenance schedule using consolidation of treatments versus rehabilitation and zone improvement approaches. These approaches are used by many cities, as it reduces construction costs by creating more aggressive bidding and reducing mobilization and minimizing disruptions to businesses and residents. NCE has performed similar analyses for numerous agencies in Southern California.

The PMP will provide the City’s policymakers and asset management experts with the following key pieces of information:

1. Updated inventory of the City’s current pavement network, including condition and attribute information of sectionalized street segments, such as to/from locations, functional class, length, width, area, number of lanes, etc.

2. The current Pavement Condition Index (PCI) of the entire network and by functional class.

3. Recommendations for future maintenance and rehabilitation (M&R) strategy based on discussions between NCE and the City’s asset management professionals.

4. A seven-year workplan based on various funding and treatment scenarios, which will show the Council and the public the most cost-effective manner of spending the City’s tax revenue and newer revenue sources such as SB1.

5. A long-term funding analysis to determine future needs which will help guide the City Council in making informed policy decisions and achieve PCI goals.

As part of this proposal effort, NCE staff visited the City to determine the overall condition of the roadway and assist us in tailoring our scope to the City’s need. Based on our site, it seems that the City’s street network is in “Fair” condition with the PCI ranging from 55-65. The following sections provide NCE’s scope of work and proposed schedule to complete the work.

Scope of Work
Task 1: Coordination
NCE will first meet with City staff to kick-off the project by reviewing the technical approach and any administrative matters that may be necessary. At a minimum, items to be discussed will include:
 Scope of work and schedule; Field work (scheduling and access requirements, public safety concerns, and Quality Control Plan [QCP]); Available files (e.g., existing pavement management inventories, construction history, GIS shapefiles, available maps, and other relevant data); Maintenance practices, history, and costs; Paving budgets or PCI condition goals for modeling budget-driven and/or target-driven scenarios; Other issues as appropriate.

As part of this task, NCE will create an inventory of the City’s existing street network in StreetSaver®. This will include the following items:
 Obtaining GIS Maps for the City’s street Network or from the County website; Determining the functional classification of each street within City’s street network; Setting up user-defined fields as desired.  Sectionalizing streets into homogeneous pavement sections; Linking pavement management sections in selected PMP software to GIS shapefiles; Standardizing parameters for streets names and suffixes; Obtaining original construction dates; Determining surface types; Determining lengths and widths of sections.

StreetSaver® allows 6 additional GIS layers to be included at the time of GIS mapping integration with no additional cost. These layers can include information like council districts and work zones, among others. Our team will collaborate with the City staff to determine which additional layers will be most beneficial from the development of an annual street rehabilitation program perspective.

Deliverables for Task 1: Meeting agenda; virtual Kick-off Meeting; technical memorandum summarizing kick-off meeting; and virtual progress meeting; One-Year StreetSaver® License; Uploading GIS Shapefile with up to 6 GIS Layers; Populated PMP database with inventory & Linked pavement sections to GIS shapefile.

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City of San Bernardino
Pavement Management Program and Asset Inventory
RFP F-24-03
Task 2: Inspection, Surveys, and Related Services
NCE will perform fully automated pavement condition surveys on approximately 587 centerline miles of the City maintained streets. The distress collection protocols will be in accordance with ASTM D6433-20 protocols. Our Roadway Collection Vehicle System which is certified by both OCTA and MTC uses a 6D Dual-lane Road LiDAR Scanner that automatically collect a wide variety of pavement defects and pavement surface damages using advanced laser scanning technology to capture high resolution 3D roadway surface profiles and 2D digital pavement images. Our system conducts a comprehensive “curb-to-curb” pavement survey, providing ~100% full width sampling in contrast with other automated systems that use a downward image scanning device that only assesses distresses in the travel lanes.

Our system is comprised of many sub-components in order to provide automated, real time, accurate and repeatable roadway condition results, such as inspection survey distances, longitudinal roughness “rideability”, crack detection and measurement, 2D and 3D pavement profiles, wheel track rutting depths and transverse profiles, as well as incorporating our global positioning (GPS) system, roadway marking reflectivity, and innovative 3D 360° imagery and LiDAR mobile mapping solutions. Our pavement distress data collection process involves the use of high-resolution 3D digital imaging technology and integrated distress laser pavement roadway scanners, which allow us to correctly quantify the type, severity, extent, start and stop points of all ASTM D6433-20 pavement distresses.

NCE’s pavement inspectors have undergone a rigorous certification test through both the Orange County Transportation Authority’s (OCTA) and the Metropolitan Transportation Commission (MTC) “Inspector Certification/Testing” programs.

These cover both ASTM D6433 and StreetSaver® distress protocols.

In addition, märker is also certified by the Metropolitan Transportation Commission (MTC) “Automated Rating Vendor Certification” program.

The “fuel” for any pavement management engine is the surface condition data. Pavement distress provides that important set of data in determining the costs to maintain the pavement network. Automated procedures will be conducted with a 100% sampling rate with full width “curb-to-curb” pavement survey coverage to collect distress data. The data collection system will be operated by OCTA-certified technicians, ensuring consistency and reliability in the collected data.

Should City personnel wish to observe our field crews and testing vehicles during the inspection surveys, we will be more than happy to accommodate this. Individual City staff may also accompany NCE’s field crew for up to ½ day to gain hands-on training at no additional cost to the City. We have found that this is the most effective training method for agency staff, as they become part of the data collection crew, rather than just observers. Please note that this scope of work and condition surveys do not address issues including, but not limited to traffic, safety and road hazards, geometric issues, road shoulders, sidewalks, curb and gutters, drainage issues or short-term maintenance that should be performed.

Deliverables for Task 2: Distress Data Collection for the entire network (587 centerline miles); and Demo of Data Collection vehicle.

Task 3: Quality Control
Quality management practices for pavement management suggest that a one-time inspection of the final data is typically inadequate and involves a high risk of failure. We have recognized the importance to effectively implement and ensure quality control and assurance practices on pavement distress data. We use a proven approach that integrates quality management Packet Page. P a g e | 24 1824
City of San Bernardino
Pavement Management Program and Asset Inventory
RFP F-24-03
and control procedures throughout the entire data collection and delivery process. For this project, we have proposed the inclusion of a QC Manager, Shahram Misaghi, MS, PE. He will be responsible for the following:
 Calibrating all data collection activities; Comparing the field data collected with on-site conditions; Reviewing field activities, including spot checks on the field crews; Reviewing field procedures and making changes, as needed.

Reviewing all data entry functions, including random spot checks; Reviewing reports generated and analyses performed to ensure a quality product.

NCE will prepare a QC Plan that will include the following components:
 Description of condition survey procedures (distress types, severities). All procedures, changes or modifications should be well documented in the QCP so that future updates will be consistent. 

Accuracy required for data collection or acceptability criteria.

Description of how data will be checked for accuracy, e.g., control sections setup and distress comparisons between walking and automated surveys. A sample spreadsheet of distress detail comparisons between walking and automated survey on control sections is listed below; In addition to the control sections, NCE will also carry out additional quality control which will include comparing the rate of deterioration since the last PMP to flag any sections that have deteriorated at a higher-than-expected rate (2-3 PCI points per year) or the conditions has drastically improved without any recent M&R. NCE will then review each of the section flagged to ensure that the updated PCI clearly reflects the current pavement condition.

A draft QC plan will be submitted to the City for approval, and no field work will commence until a final plan has been accepted.

Deliverables for Task 3: Draft and final Quality Control (QC) plan.

Task 4: Data Entry
All data collected from the condition surveys will then be uploaded into the StreetSaver® database. This task will be performed at NCE’s office in order to provide Quality Control of all data entered into the system. NCE will then perform the pavement condition index (PCI) calculations, and correct any errors found. A PCI listing report will be prepared and submitted to the City.

The City staff will also be trained on how to update data, add new road segments, and run applicable reports. Details regarding training are provided in Task 7
Deliverables for Task 4: Updated StreetSaver® database with pavement distress data; and PCI Calculations.

Task 5: Pavement Condition Report
As part of this task, NCE will provide the City with the PCI report (tables and maps) that will list the PCI for each section within City’s street network. The report will also provide the PCI values for different functional classes and other criteria such as council districts as desired by the City staff.

NCE will next review M&R strategies with City staff and include the recommendation of appropriate treatments such as cape seals or overlays, and the determination of treatment unit costs. This will be an appropriate time to review the use of new/sustainable treatments or materials, such as rubberized asphalt, rubberized chip or cape seals, microsurfacing, rejuvenators, cold-in-place recycling, full-depth reclamation, fiber reinforcement, warm mix asphalt, etc.

Development of the M&R decision tree is a critical step in creating a PMP program as it has a direct and significant impact on the final work plan that is developed, as well as the budgeting consequences. NCE’s experience in civil engineering & design and especially pavement engineering & design, as well as local conditions, allows our staff to be able to provide the City with solutions that are practical and workable. Once the M&R alternatives are defined, a treatment unit cost will be determined for each alternative. These alternatives and costs will then be entered into StreetSaver® for budgetary analysis. The unit costs will have a huge impact on the City’s projections or needs assessments. Therefore, NCE will review any recent bid tabs and engineers estimate, together with those from neighboring cities as appropriate. Also, unit prices will be fully loaded rates, and will include not just contractors’ prices, but also design, inspection, and testing costs.

Deliverables for Task 5: PCI Report; Meeting to discuss treatment alternatives; unit costs; and Decision tree.

Task 6: Pavement Rehabilitation Program
NCE will perform a Budget needs analysis using an analysis period of seven years. This task will identify M&R requirements for each street section and determine the total M&R requirements over the entire analysis period. The costs are then summed up Packet Page. P a g e | 25 1825
City of San Bernardino
Pavement Management Program and Asset Inventory
RFP F-24-03
for the entire period. This forms the basis for performing Budget Scenario evaluations, which optimize the street sections for repair under constrained budgets.

The Budget Scenarios evaluation prioritizes road sections for repair under constrained, realistic, budgetary assumptions. Five budget- or target-driven scenarios will be performed after discussions with City staff. The budget analysis will focus on how different scenarios impact the PCI over time and how much (if any) additional funding is required to achieve the target PCI goals (determined by the City) for each scenario. Examples of typical scenarios include:


Impact of existing funding levels on network PCI; Impact of drops and/or increases in existing funding on network PCI.

Funding levels necessary to maintain current network PCI; Funding level necessary to improve current network PCI; Funding required to maintain a specific PCI (e.g. PCI = 70).

Based on discussion with the project team (NCE and City staff), a preferred scenario will be recommended. The results from the preferred scenario will be used to develop a budget options report which will include a seven-year rehabilitation program including treatments and when to apply treatments to streets. As part of this task, NCE will develop a candidate list of arterial streets with preferred recommendations that should be addressed each fiscal year. NCE will also produce a list of candidate segments section for collector, residential and alleys. The residential streets will be grouped together so they are in the same neighborhood. Please note this task, does not include development of work zones, however we accounted for 40 hours of engineer time to group the recommended streets by neighborhood. If the Deliverables for Task 6: Results from various budget scenarios; Draft and Final Budget Options Report with 7-year Rehabilitation program with Listing of Candidate streets/segments for Arterial, Collector, residential, and Alleys for each fiscal year; and Recommendation on budget shortfalls.

Task 7: Pavement Management Program Update
As part of this task, NCE will prepare a PMP report which will be a single comprehensive document with appendices that clearly and concisely contains all relevant findings, observations, and recommendations. The report and its exhibits will be presented legibly. The report charts and map exhibits will have distinguishable color gradations. At a minimum, the Final report will contain the following components:



Executive Summary outline complete report.

Methodologies utilized for field surveys and budget analysis.

Current overall pavement conditions (PCI):
o Condition distribution by functional road classification; Condition distribution by percent of roadway network; and Condition comparison with other cities in region and state.

Projected annual repair/rehabilitation road maintenance programs over a 7-year period.

Analysis that allows City to measure impact of cost of deferred maintenance for various funding levels.

Exhibit showing proposed annual work to be performed based upon available funding over a 7-year period.

GIS map exhibit showing existing PCI rating and a 7-year work program. 



As part of this task, NCE will present the results of the PMP to the City staff. In addition, our team will also prepare and present a 15-minute non-technical presentation to the City Council. Additionally, NCE will also provide one-day training hands-on training session for up to 5 City staff on City’s test database on how to effectively use the StreetSaver® software and its data entry requirements.

Deliverables for Task 7: Pavement Management Program Update Report; One-day hands-on training for 5 City staff; and Presentation to City staff and Council.

Task 8: Asset Inventory
As part of this task, NCE will perform an asset inventory for the entire City network. For cost effective purposes, NCE will perform this task using Artificial Intelligence-Machine Learning (AI-ML) approach and perform a manual QC to obtain 95% reliability. The following assets can be inventoried by NCE.  Sign Inventory (type and locations); Sidewalk inventory & width; Pavement Marking and Striping Inventory; Curb Ramps; and Curb Marking.

It is assumed that all the assets noted above are assumed to be visible from public right of way while driving the City street network.

Deliverables for Task 8: Shapefile with all the above noted asset inventory and images; and Memo Report.

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City of San Bernardino
Pavement Management Program and Asset Inventory
RFP F-24-03
Task 9: Additional ROW Asset Inventory (OPTIONAL)
In this optional task, NCE will perform an asset inventory for the features noted below for the entire City network. 




Sign condition; Signpost Type; Sign Size and Height.

Sidewalk Condition; Driveway Apron Inventory.

Curb and Gutter Inventory/Marking Inventory and condition.

Line Striping Inventory and condition; Pavement Marking condition.

Light post Inventory; Guardrail/Traffic Barrier Inventory; Utility Box Inventory.

Please note the condition assessment will be based on overall condition assessment (good, fair, and poor) and not in accordance with any federal or state standards. Additionally, all the assets noted above are assumed to be visible from public right of way while driving the City street network.

Deliverables for Task 9: Shapefile with all the above noted asset inventory and images; and Memo Report.

Task 10: Technical Support (OPTIONAL)
As part of this optional task, NCE will also provide up to 80 hours technical support relating to the StreetSaver® software and PMP to the City Staff.

Deliverables for Task 10: Technical Support (up to 80 hours) for the City staff.

Task 11: Work Zone Development, Focused Multi-Year Work Plan for CIP, & Base Repair Markout (OPTIONAL)
As part of this task, NCE will work with the City to develop work zones that address the City’s long-time objectives. NCE is working with multiple cities in southern California to develop work zones that take into various factors such as geography, roadway condition, and others. Additionally, as part of this task NCE will develop a focused Multi-Year M&R Work Plan; the PCI plays a role in treatment selection, but for design purposes, confirmation and refinement of proposed treatments must be performed as well as consideration of base repair quantities, aggregation or re-grouping of streets to maximize construction savings, separation/combination of surface seal or rehabilitation paving programs, and cost to comply with complete and green street policies. The multi-year plan will only be developed for the preferred scenarios selected by the City and will be developed for three (3) fiscal years.

The criteria for various funding sources available to the City will be considered when selecting streets in the Work Plan. NCE will perform focused field reviews to identify the items listed below for streets selected by the PMP software for the preferred scenario. Before developing the work plan, NCE staff will meet the City staff in the field to determine their priorities and objectives in determining the rehabilitation treatment and repair criteria. Our scope includes one additional meeting to finalize the multi-year plan. The Work Plan elements include:




Verify treatment type and project limits.

Identify approximate base repair percentage or mark digouts in the field.

Identify number of Americans with Disabilities Act (ADA) ramp upgrades triggered by proposed treatments.

Identify potential tripping hazards area caused by tree roots or surface materials build-up area near the pavement edge.

Tripping hazards area locations (house address or distance to intersection) would be recorded in the field review.

Identify alternative newer technologies (CIR, FDR, etc.) and/or alternative surface seal treatments on cul-de-sac areas.

Identify excessive cracking problems and propose alternative treatments as appropriate. 

NCE will generate enough candidate streets for grouping, consolidation, removing outliers, and determining other conflicts.

Based on the criteria agreed upon with the City, pavement maintenance strategies, and field observations, the sections selected would be grouped together geographically to produce continuous sections for treatment to minimize inefficiencies with shorter and isolated street segments and reduce construction costs and traffic impacts. If there is a budget surplus or a need to update the decision tree based on the multi-year focus plan, NCE will re-run the preferred scenario budget analysis to incorporate the findings from the site visits/multi-year focus plan. As part of this task, NCE staff will assist the City in the CIP program by marking base repairs locations in the field. For the base repair markout, we have allocated 120 hours.

Deliverables for Task 11: Work Zones, Focus work plan in tabular and map formats; Updated budget analysis with multi-year work plan; and 120 hours of Base Repair Markout.

Please note that due to page limitations we have included our proposed Project Schedule by task in Section 8. Fee Proposal.

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City of San Bernardino
Pavement Management Program & Asset Inventory
RPF F-24-03
Labor Hours
Staff SubTask Description Consultant,
Software, &
Reimbursable
Expenses
Project
Manager
Principal InChargeProject
Engineer
Engineer/
PMP
Senior
Technician
Technical
Admin QC/QA Technician
$100
Task Totals
Analyst
Rate $210 $240 $210 $180 $140 $110 $100
Task 1. Coordination 40
6 2 16 52 200
40 40
30 24
140
80 16
80 40
14 18
88 40
12 40
4 $
$
$
$
$
$
$
$
$
$
$
$
$
$
$
65,480
131,100
11,830
4,960
130
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
110,200
167,000
43,400
12,100
5,200
Task 2. Inspection, Surveys and Related Services
Task 3. Quality Control Plan
64 216
1 16
12 6
200 4
Task 4. Data Entry 2
Task 5. Pavement Condition Report
Task 6. Pavement Rehabilitation Program
Task 7. Pavement Management Program Update
Task 8. Asset Inventory
1 1
2 6 8 50
48 360 32,500
45,300
22,900
30,100
64,900
14,300
24,400
28,000
12,000
8,500
32 1
16 40
6 32 3,300
12,590
9,049
26,399
6,449
11,149
4,950
110
60 80
280
44 88
88 40
24 Task 8.1. Sidewalk Inventory 1 4
Task 8.2. Sign Inventory 2 8
Task 8.3. Curb Ramp Inventory 1 4
Task 8.4. Pavement Marking & Striping Inventory
Task 8.5. Curb Marking
1 4
1 4
Task 8.6. Data Collection QC & Asset Inventory Validation Task 8.7.GIS Deliverable & Technical Memorandum
1 8
1 8 8
8 290

OPTIONAL TASKS
Task 9.Additional ROW Asset Inventory
Task 10. Technical Support
6 32
8 120
20 320 $
$
61,219
760
$
$
122,000
32 11,000
Task 11. Work Zone Development, Focused Multi-Year Work Plan for CIP, & Base Repair Markout 8 24 120 160 4 $ 10,579 $ 66,500 Totals without OPTIONAL TASKS
TOTALS with OPTIONAL TASKS
93 25
25 144
208
150 862 968 216
216
88 $ 288,146 $ 620,800
139 150 1122 1448 100 $ 360,705 $ 820,300
Assumptions:

The above cost proposal is based on 650 centerline miles of streets Task 1 Includes Street License for three (3) years; Developing Pavement Management Sections for the entire street network, calculating pavement management section geometry (length, width, and area) data, & setting up City's GIS Shapefile with 6 GIS layers in the StreetSaver Database.

Task 1 includes updating M&R history for since last PMP updated or the past 5 years.

Task 2 assumes ~90% QC of the entire street network (~650 centerline miles) Task 3 assumes 5% QC. Task 3 includes calibration sections, control sections, and desktop review.

Task 5 includes maps, shapefiles, and tables of existing PCI Task 6 includes 5 budget scenarios
Task 7 includes On-Site hands-on comprehensive StreetSaver training for 5 City staff.

Task 7 includes two (2) study session/workshops.

Task 8 includes asset inventory (sidewalk, traffic signs, curb ramp, pavement marking & striping, and Curb Marking) Task 9 includes - Generalized (good, fair, or poor) condition assessment for sidewalk, parking marking & striping, curb & Gutter; Inventory for Driveway, Light post, utility box, & Guardrail/Traffic Barrier Task 10 includes 60 hours of technical support related to PMP, StreetSaver, & Street Selection for CIP.

Task 11 Includes developing work zones and Multi-Year Street List for 3 Fiscal years with every street recommendation confirmed by Pavement Engineers visting each street section in person. Also, includes 120 hours of technician time on-site to markout base repairs.

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City of San Bernardino
Pavement Management Program and Asset Inventory
RFP F-24-03
Project Schedule
NCE proposes the following schedule for all work to be completed.

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City of San Bernardino
Pavement Management Program and Asset Inventory
RFP F-24-03

9. Insurance
NCE acknowledges and concurs with the provisions and can/will meet the insurance requirements contained in “Exhibit B” of the City’s RFP without alterations to this agreement. Upon award of a contract, NCE will provide the City of San Bernardino with a certificate of insurance naming the “City” as “an” additionally insured. A sample insurance certificate is provided on the next page and a summary of our insurance coverage is below.

Commercial General Liability $2,000,000 (each occurrence)/ $4,000,000 (aggregate) Professional Liability $5,000,000
Automotive Liability $1,000,000 (combined single limit) Workers’ Compensation $1,000,000 (in accordance with State Law) Cyber Liability $1,000,000 (each occurrence)
Please note that Aviation and/or Drone Liability is not applicable to this project.

A sample insurance certificate is provided on the following page.

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City of San Bernardino
Pavement Management Program and Asset Inventory
RFP F-24-03
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City of San Bernardino
Pavement Management Program and Asset Inventory
RFP F-24-03

10. Litigation
NCE does not and has not had contract failures, civil or criminal litigation, or investigations. NCE has never sought bankruptcy protection (whether voluntarily or involuntarily) in the last ten (10) years. NCE has never been disciplined or censured by any regulatory body. NCE does not have and has not had any other litigation that may affect our ability to perform services. There have been no pending litigation, judgments, or other legal proceedings related to the provisions of services, in the past ten (10) years, and there are no known unrecognized claims against the firm, legal or otherwise. NCE has not in its 34 years in business had any claim against the firm concerning NCE’s work on a project that has been filed in court or gone to arbitration.

Furthermore, NCE does not have any planned office closures or impending mergers, and there are no known conditions that may impede NCE’s ability to complete the services requested under this contract, Packet Page. P a g e | 32 1832
City of San Bernardino
Pavement Management Program and Asset Inventory
RFP F-24-03

11. Other Information
Technical and Management Approach for Completing Projects NCE brings a collaborative, innovative, and problem-solving mentality to the management of all our projects, and this is the foundation of our approach. We believe in allocating the right resources at the right time to cost-effectively produce highquality deliverables and projects for our clients. We focus on understanding our client’s “big picture,” while increasing the value of every dollar spent on every effort or project by identifying and eliminating challenges before, they occur. This starts with assigning experienced and capable project managers and surrounding them with handpicked teams tailored to every effort, task, or project. NCE’s objective for any contract is to deliver technically sound and high-quality projects on-time, on-budget, and with a high level of satisfaction to our clients. Our approach is outlined in the following paragraphs.

Project Approach – NCE aligns talented and experienced project managers, engineers, and technicians in direct contact with clients to collaborate, resulting in a unique partnership that is beneficial to both employees and clients alike. Repeat and referred clients are a reflection of our commitment and dedication to providing quality, timely products to our clients.

Project Kickoff – Our Project Manager, Vivek Jha, MS, PE, and other key team members will meet with City staff to review the project goals and the expected deliverables and discuss lessons learned from previous projects.

Delivering Projects with Efficiency and Effectiveness – During the project execution phase, the Project Manager will be responsible for delivering the scope of work. Project tasks will include managing the budgets, project schedule, subconsultants, and preparation of work products. Our Project Manager, Vivek Jha, MS, PE, will be responsible for monitoring the progress of the project, ensuring that the scope of work is fully performed, ensuring the financial elements are being tracked and are on budget, monitoring schedules, and ensuring that the necessary resources are assigned and committed to the project. He will be responsible for maintaining consistency of invoices with the project contracts and deliverables, ensuring that subconsultant agreements are consistent with the master contract (flow downs), and that NCE delivers a technically sound project on time, on budget, and with a high-level of satisfaction to the City.

Communications – One of the more critical elements in providing quality assurance is to ensure adequate communications, both between NCE and the City, as well as within the NCE team. To ensure that City is kept well informed of progress, NCE proposes that in addition to monthly progress reports, we can provide 15-to-20-minute progress update(s) meetings. Typically, this will summarize the progress made to date, identify any problems or questions NCE may have, and an estimate of the work tasks for the next period. It will also provide an opportunity for all city staff to ask questions as well as for NCE to describe upcoming tasks. Within NCE, all field crews are in daily contact with our Project Manager, Vivek Jha, MS, PE. Typically, these are brief, five-minute phone conversations that update the Project Manager on the progress in the field. Occasionally, there may be enough questions to require a special field trip by both the Project Manager and QC Manager to resolve the matter.

Proven Record of Meeting Project Schedules – Clients have come to rely on NCE’s ability to meet project schedules. Keeping the end project in mind, our concise documentation, and management’s ability to quickly resolve issues, are all key factors to completing a project on time. Timeliness is a high priority for the NCE team. Clear communication, concise documentation, prompt problem resolution, and strict review of the schedule are the tools NCE uses to complete the project within the established timeframe. NCE works collaboratively with our clients to prepare project-specific schedules with clear delivery timelines. In the event of a potential delay on project milestones, NCE will promptly notify the City, present the details of the potential delay, and make recommendations for bringing the project schedule back on track.

On Budget Performance – NCE has a cloud-based cost accounting system that accurately tracks specific job costs, provides real-time updates on remaining budget, and documents task progress. Labor hours and expenses are entered into the system, which allows NCE’s Project Manager to access the information at any time from their computer or mobile device. Costs are routinely compared with the budget and schedule to manage the team’s level of effort, labor hour allocation, and resource scheduling. Our Project Manager will regularly email the team members a real-time snapshot of the remaining budget and task progress, which is auto generated by the software, to keep team members aware of budget and time constraints. NCE’s cost control and invoicing system are well suited to tracking costs, preparing invoices in styles and formats consistent with City requirements.

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City of San Bernardino
Pavement Management Program and Asset Inventory
RFP F-24-03
High-Quality Project Deliverables – NCE has an active Quality Assurance Management Program (QAMP) that includes specific quality control (QC) procedures. The goal of NCE’s QAMP is to infuse quality throughout the entire project. Each NCE employee attends our quality assurance training and is required to pass an exam and receive certification. NCE’s QAMP is based on four principles: client satisfaction, employee participation, problem prevention, and continuous quality improvement.

Managing Subconsultants – Managing the subconsultant contracting process and performance needs to be as structured as other aspects of project management. Just as the City looks to NCE as the overall responsible party for the contract with them, NCE will be diligent with each of its teaming partners to be sure their performance is going to enhance the overall project results and meet the goals and expectations of the City. NCE requires a quality assurance/quality control (QA/QC) program plan from each teaming partner. NCE will ensure the scope of services in each subconsultant contract is clearly written with identified deliverables and milestones and the division of work and responsibilities is clearly defined to eliminate confusion, duplication, and gaps in the project work. NCE will coordinate and integrate subconsultant activity and hold regular meetings to facilitate project coordination, understand the subconsultant’s progress on the work, and to answer pressing questions.

Community Involvement
As mentioned above in the document, NCE has successfully completed similar PMP and Pavement Related projects in the nearby Cities of Highland, Riverside, and Upland
Previous Involvement with the City
NCE has not had any prior involvement with the City, however, we are excited about the opportunity to work with the City and making your project(s) a top priority.

Conflict of Interest Statement
NCE does not have any actual, apparent, direct or indirect, or potential conflicts of interest that may exist with respect to NCE, any of its employees, or any other person relative to the services to be provided pursuant to this RFP.

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City of San Bernardino
Pavement Management Program and Asset Inventory
RFP F-24-03

12. Certification of Proposal
The undersigned (NCE) hereby submits its proposal and, by doing so, agrees to furnish services to the City in accordance with the Request for Proposal (RFP), and to be bound by the terms and conditions of the RFP.

Firm:

Nichols Consulting Engineers, CHTD. (NCE)
Authorized to Bind Company
Margot Yapp, PE, Principal-in-Charge
NCE Proposal Contact
Vivek Jha, MS, PE, Project Manager
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City of San Bernardino
Pavement Management Program and Asset Inventory
RFP F-24-03

13. Appendices
The subsequent pages contain Standard Hourly Rates for NCE and our proposed teaming partners. In addition, we have also included client Letters of Reference for the City’s review.

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City of Irvine
2024 On-Call Program (RFP Number: 24-3394)
EN8 Pavement Management Program Services
NCE Standard Rate Schedule
Professional Services Technical Services
Hourly
Rate
Hourly
Rate
$95
$100
$100
$115
$100
$100
Classification
Principal
Associate
Senior
Project
Staff
Hourly Rate
$240
Classification
Senior Construction Manager*
Senior Designer
Senior Technician
Construction Inspector*
CAD Technician
Classification
$130 Field Scientist
$135
$110
$140
$110
$115
$210
$180
$160
$140
Project Administrator
Field/Eng. Technician
Project Administrator
Tech. Word Processing
Senior Field Scientist Clerical
Litigation Support (expert testimony) ……………………………………….……..300% of above rates *Rate will be adjusted for prevailing wages required on Public Works projects in the State of California.

Contract Labor – From time to time, NCE retains outside professional and technical labor on a temporary basis to meet peak workload demands. Such contract labor will be charged at regular Schedule charges.

Travel – Meals will be covered through a flat per diem rate of $60/day/per person. Airfare, Lodging, and other travel costs will be charged at cost + 15%.

Equipment
Plotter Usage -----------------------------------------------------------------------------------------------------------(separate fee schedule) Truck -----------------------------------------------------------------------------------------------------------------------------------------$115/day Automobile---------------------------------------------------------------------------------------------------IRS Standard Mileage Rate+10% Falling Weight Deflectometer Testing ------------------------------------------------------------------------------------------- $4,500/Day Coring -------------------------------------------------------------------------------------------------------------------------------------$5,500/Day Environmental Equipment ------------------------------------------------------------------------------------------(separate fee schedule) Outside Services – Rental of equipment not ordinarily furnished by NCE and all other costs such as special printing, photographic work, travel by common carrier, subsistence, subcontractors, etc.......................................................... cost + 10% Communication/Reproduction – In-house costs for postage, printing and copying......................project labor charges x 5% Terms – Billings are payable upon presentation and are past due 30 days from invoice date. A finance charge of 1.5% per month, or the maximum amount allowable by law, will be charged on past-due accounts. NCE makes no warranty, whether expressed or implied, as to its findings, recommendations, specifications, or professional advice except that they are prepared and issued in accordance with generally accepted professional practice.

This Schedule of Charges is valid from 01/01/2024 to 12/31/2024.

Subconsultant Standard Rate Schedules
märker geospatial Standard Rate Schedule
Hourly
Rate
Hourly
Rate Classification Classification
Principal
Associate
Senior
Project
Staff
$195
$170
$155
$130
$118
Senior Construction Manager/Field Manager
CAD/GIS Technician
Project/Program Administrator
Field/Engineering Technician
Clerical
$125
$110
$95
$98
$73
Transconomy Standard Rate Schedule
Hourly
Rate
Hourly
Rate Classification Classification
Program Manager
Senior Engineer II/III
Senior Engineer I
Project Engineer
Staff Engineer
$247.10 Subject Matter Expert
$214.12 Senior Database Engineer
$175.68 Database Engineer
$137.25 Senior Software Developer
$120.78 Software Developer
$170.20 Technical Writer/Editor
$203.14 Project Support Staff
$258.04
$142.75
$120.78
$142.75
$120.78
Data Specialist I (Civil Engineer) $98.82
Data Specialist II (Civil Engineer) $98.82
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City of Irvine
2024 On-Call Program (RFP Number: 24-3394)
EN8 Pavement Management Program Services
Letters of Reference
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City of Irvine
2024 On-Call Program (RFP Number: 24-3394)
EN8 Pavement Management Program Services
Packet Page. P a g e | 39 1839
Collaboraꢀon. Commitment. Confidence.
www.ncenet.com
Packet Page. 1840
City of Irvine
2024 On-Call Program (RFP Number: 24-3394)
EN8 Pavement Management Program Services
NCE Standard Rate Schedule
Professional Services Technical Services
Hourly
Rate
Hourly
Rate
$95
$100
$100
$115
$100
$100
Classification
Principal
Associate
Senior
Project
Staff
Hourly Rate
$240
Classification
Senior Construction Manager*
Senior Designer
Senior Technician
Construction Inspector*
CAD Technician
Classification
$130 Field Scientist
$135
$110
$140
$110
$115
$210
$180
$160
$140
Project Administrator
Field/Eng. Technician
Project Administrator
Tech. Word Processing
Senior Field Scientist Clerical
Litigation Support (expert testimony) ……………………………………….……..300% of above rates *Rate will be adjusted for prevailing wages required on Public Works projects in the State of California.

Travel – Meals will be covered through a flat per diem rate of $60/day/per person. Airfare, Lodging, and other travel costs will be charged at cost + 15%.

This Schedule of Charges is valid from 01/01/2024 to 12/31/2024.

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: May 15, 2024
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager;
Lynn Merrill, Director of Public Works, Operations and
Maintenance
Department: Public Works
Subject: Award of Agreement for Construction of Clean
California Grant 4th Street Beautification and
Landscape Project SS 22-008 (Ward 1)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Approve the award of an Agreement with SDC Engineering, Inc. in the amount of $340,617.30 for the Clean California Grant 4th Street Beautification and Landscape (Project); and

2. Authorize the project construction, construction contingencies, and construction management costs in the total amount of $40,000 for construction of the Project; and

3. Authorize the City Manager or designee to execute all documents with SDC Engineering, Inc.; and

4. Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project.

Executive Summary:

Awarding the Agreement for construction of the Project would allow for the construction of beautification and landscape improvements in a 4th Street alley located in downtown San Bernardino. The Agreement would allow the City to issue SDC Engineering, Inc. a Notice to Proceed, initiating the process to construct the improvements. The agreement will include SDC Engineering’s base bid of $340,617.30. Additional funds are recommended for construction contingencies in the amount of $40,000. The total cost of construction and construction contingencies is $380,617.30.

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Background
The Clean California Local Grant Program (“Program”) was a competitive statewide program created to beautify and clean up local streets and roads, tribal lands, parks, pathways, transit centers, and enhance public spaces. Assembly Bill 149 (SEC. 16) created the Clean California Local Grant Program of 2021 and was codified under Streets and Highway Code §91.41. The program is one part of the $1.1 billion-dollar Clean California initiative that takes direct aim at the time and resources by Caltrans and its partners collecting, recycling, and disposing of litter and hazardous waste.

The Clean California Local Grant Program, administered by the California Department of Transportation (Caltrans), will provide approximately $296 million as part of a twoyear program to beautify and improve streets, tribal lands, parks, pathways, and transit centers to improve spaces for walking and recreation with all funds to be expended by June 30, 2023. Each grant shall not exceed five million dollars. There is no minimum award. Applicants must be local or regional public agencies, transit agencies, or tribal governments. It was determined that the City was able to comply with all of the grant conditions and was awarded funding in the amount of $722,772. The acceptance of the grant was approved by the Mayor and the City Council on August 3, 2022.

The project was first advertised on November 21, 2023, on PlanetBids. A sealed Bid was received and opened on December 12, 2023. On January 17, 2024, the Mayor and City Council rejected the bid received from Diamond Construction and Design in the amount of $979,460.75.

Discussion
The Project was re-advertised for public bidding on March 19, 2024, on PlanetBids, the City Website, and in the San Bernardino Sun on March 27, 2024, and April 1, 2024.

Five sealed bids were received, and opened on April 18, 2024, as follows:

Bidder City Base Bid
AEC Moreno Corporation San Bernardino, CA $449,536.00
C.S. Legacy Inc. Walnut, CA $524,650.91
Preferred General
Services
Bloomington, CA $560,271.93
SDC Engineering Inc. Laguna Hills, CA $340,617.30
Vido Samarzich, Inc. Rancho Cucamonga, CA $417,893.00
Staff has reviewed the bid package and determined that SDC Engineering Inc. of Laguna Hills, California, is the lowest responsible and responsive bidder with a total base bid amount of $340,617.30.

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In addition to these construction costs, staff anticipate the need for a construction contingency amount to provide for any unforeseen work in the amount of $40,000.

The total cost of construction and construction contingencies is $380,617.30.

The remaining grant fund balance of $459,577.20 is sufficient to cover the construction of the Project.
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No. 3 Improved Quality of Life by improving the City’s appearance, cleanliness, and attractiveness.

Fiscal Impact
There is no General Fund impact associated with this action. There is sufficient funding provided by the Clean California Grant for this project.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Approve the award of an Agreement with SDC Engineering, Inc. in the amount of $340,617.30 for the Clean California Grant 4th Street Beautification and Landscape (Project); and

2. Authorize the project construction, construction contingencies, and construction management costs in the total amount of $40,000 for construction of the Project; and

3. Authorize the City Manager or designee to execute all documents with SDC Engineering, Inc.; and

4. Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project.

Attachments
Attachment 1 Agreement with SDC Engineering, Inc.

Attachment 2 Bid Tabulation
Attachment 3 Bid Proposal
Attachment 4 Location Maps
Ward:

Ward 1
Synopsis of Previous Council Actions:

January 19, 2022 Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2022-07, approving submittal of application for Clean California Local Grant Program.

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August 3, 2022 Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2022-174, accepting funds from the Clean California Local Grant Program.

January 17, 2023 Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2024-021, rejecting construction bids for the Clean California Local Grant Program for the 4th Street Alley Beautification Project.

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4 TH STREET ALLEY REHABILITATION -1- 00 52 13 – CONTRACT FOR CONSTRUCTION 00 52 13 – CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”), No. SS-008 is made and entered into this 15 day of May, 2024 by and between the CITY OF SAN BERNARDINO, with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401, sometimes hereinafter called the “City” and SDC Engineering, Inc., sometimes hereinafter called “Contractor.”
WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:

ARTICLE 1. SCOPE OF WORK.

The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5, below, for the following Project:
4 th Street Alley Rehabilitation
Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FOR COMPLETION.

Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 80 calendar days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE.

The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Three Hundred Forty Thousand Six Hundred Seventeen Dollars and Thirty Cents ($340,617.30). Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule.

ARTICLE 4. LIQUIDATED DAMAGES.

Contractor acknowledges that the City will sustain actual damages for each and every Day completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the City’s actual damages.

Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $1,000 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Packet Page. 1846
4 TH STREET ALLEY REHABILITATION -2- 00 52 13 – CONTRACT FOR CONSTRUCTION Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.

The “Contract Documents” include the following with appendices:

Notice Inviting Bids
Instructions to Bidders
Bid Forms
Bid Acknowledgement
Bid Schedule
Bid Guarantee
Designation of Subcontractors
Information Required of Bidders
Non-Collusion Declaration Form
Iran Contracting Act Certification
Public Works Contractor DIR Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
Contract for Construction
General Conditions
Special Conditions
Specifications
Addenda
Construction Plans and Drawings
Standard Specifications for Public Works Construction “Greenbook”, latest edition, Except Sections 1-9
Applicable Local Agency Standards and Specifications, as last revised Reference Specifications
Permits
City of San Bernardino Business Registration Application Form Construction 4’ x 8’ Project Signs
Any other documents contained in or incorporated into the Contract The Contractor shall complete the Work in strict accordance with all of the Contract Documents.

All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. In the event of conflict, the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties.

ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.

Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not Packet Page. 1847
4 TH STREET ALLEY REHABILITATION -3- 00 52 13 – CONTRACT FOR CONSTRUCTION limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.

ARTICLE 7. INDEMNIFICATION.

Contractor shall provide indemnification and defense as set forth in the General Conditions.

ARTICLE 8. PREVAILING WAGES.

Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the City’s Office or may be obtained online at http://www.dir.ca.gov and which must be posted at the job site.

ARTICLE 9. FALSE CLAIMS.

Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years.

ARTICLE 10. CLEAN CALIFORNIA GRANT REQUIREMENTS.

PAYMENT AND INVOICING
Contractors, subcontractors and sub-recipients shall establish and maintain an accounting system and records that properly accumulate and segregate incurred Project costs and matching funds by line. The accounting system of AGENCY, its contractors, all subcontractors, and subrecipients shall conform to Generally Accepted Accounting Principles (GAAP) and any standards specified by the source of funds, to enable the determination of incurred costs at interim points of completion, and to provide support for reimbursement payment vouchers or invoices Travel expenses and per diem rates are not to exceed the rate specified by the State of California Department of Human Resources for similar employees (i.e. non-represented employees) unless written verification is supplied that government hotel rates were not then commercially available to AGENCY, its subrecipients, contractors, and/or subcontractors, at the time and location required as specified in the California Department of Transportation's Travel Guide Exception Process.

COST PRINCIPLES
Contractors, sub-recipients, in-kind contributors, and subcontractors will be obligated to agree, that (a) Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual Project cost items and (b) all parties shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Packet Page. 1848
4 TH STREET ALLEY REHABILITATION -4- 00 52 13 – CONTRACT FOR CONSTRUCTION Requirements for Federal Awards. Every sub-recipient receiving Project funds as a subrecipient, contractor, or subcontractor under this RGA shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards to the extent applicable.

NONDISCRIMINATION CLAUSE (2 CCR 1105 CLAUSE B)
Contractors, its subrecipients, and its subcontractors shall not deny the contract's benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractors, its sub-recipients, and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement, and Shall include a requirement in all agreements with all of same that each of them in turn include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts they enter into to perform work.

RETENTION OF RECORDS/AUDITS
Contractors, subcontractors, and sub-recipients, agree to comply with Title 2, Code of Federal Regulations (CFR), Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

Contractors, subcontractors, and sub-recipients shall establish and maintain an accounting system and records that properly accumulate and segregate incurred Project costs and matching funds by line. The accounting system of AGENCY, its contractors, all subcontractors, and subrecipients shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices. All accounting records and other supporting papers of AGENCY, its contractors, subcontractors and sub-recipients connected with Project performance under this RGA shall be maintained for a minimum of three (3) years from the date of final payment to AGENCY and shall be held open to inspection, copying, and audit by representatives of CALTRANS, the California State Auditor, and auditors representing the federal government. Copies thereof will be furnished by AGENCY, its contractors, its subcontractors, and sub-recipients upon receipt of any request made by CALTRANS or its agents.

AGENCY’s sub-recipients, contractors, subcontractors, and CALTRANS, shall each maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts. All of the above referenced parties shall make such materials available at their respective offices at all reasonable times during the entire Project period and for three (3) years from the date of final payment to AGENCY under this RGA.

Subrecipients, contractors, and subcontractors will permit access to all records of employment, employment advertisements, employment application forms, and other pertinent data and records by the State Fair Employment Practices and Housing Commission, or any other agency of the Packet Page. 1849
4 TH STREET ALLEY REHABILITATION -5- 00 52 13 – CONTRACT FOR CONSTRUCTION State of California designated by CALTRANS, for the purpose of any investigation to ascertain compliance with this RGA.

ADDITIONAL INTELLECTUAL PROPERTY PROVISIONS
In performing services under this RGA, AGENCY’s Contractor/Subcontractor/Subrecipient shall agree to avoid designing or developing any items that infringe one (1) or more patents or other intellectual property rights of any third party. If AGENCY’s Contractor/Subcontractor/Subrecipient becomes aware of any such possible infringement in the course of performing any work under this RGA, AGENCY’s Contractor/Subcontractor/Subrecipient shall immediately notify the AGENCY in writing, and AGENCY will then immediately notify CALTRANS in writing.

MANDATORY ORGANIC WASTE RECYCLING
If Contractor generates two (2) cubic yards or more of organic waste or commercial solid waste per week, Contractor shall arrange for organic waste or commercial waste recycling services that separate/source organic waste for organic waste recycling. Contractor shall provide proof of compliance.

PREVAILING WAGES AND LABOR CODE COMPLIANCE
Shall comply with any and all applicable labor and prevailing wage requirements in Labor Code Sections 1720 through 1815 and implementing regulations for any public works or maintenance contracts and subcontracts executed.
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Packet Page. 1850
4 TH STREET ALLEY REHABILITATION -6- 00 52 13 – CONTRACT FOR CONSTRUCTION IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.

CITY OF SAN BERNARDINO
By:

Charles A. Montoya
City Manager
ATTEST:

By:

Genoveva Rocha, CMC, City Clerk
APPROVED AS TO FORM:

By:

Best Best & Krieger LLP
City Attorney
SDC Engineering, Inc.

IF CORPORATION, TWO SIGNATURES,

PRESIDENT OR VICE PRESIDENT AND

SECRETARY OR TREASURE REQUIRED
By:

Its:

Printed Name:

By:

Its:

Printed Name:
____________________________________
Contractor’s License Number and
Classification
____________________________________
DIR Registration Number
(CONTRACTOR’S SIGNATURE MUST BE

NOTARIZED AND CORPORATE

SEAL AFFIXED, IF APPLICABLE)

END OF CONTRACT
Packet Page. 1851
4 TH STREET ALLEY REHABILITATION -7- 00 52 13 – CONTRACT FOR CONSTRUCTION Notary Acknowledgment
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.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”) appeared , who proved to me on the basis of satisfactory Name(s) of Signer(s)
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.

Place Notary Seal Above Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER
Individual

DESCRIPTION OF ATTACHED DOCUMENT
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
Packet Page. 1852
4 TH STREET ALLEY REHABILITATION -8- 00 61 13 – BOND FORMS 00 61 13 – BOND FORMS
Performance Bond
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the CITY OF SAN BERNARDINO , with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401, (hereinafter referred to as the “City”) has awarded to _________________________, (hereinafter referred to as the “Contractor”) an agreement for Contract No._________, (hereinafter referred to as the “Project”).

WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.

NOW, THEREFORE, we, ______________________, the undersigned Contractor and ________________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of ___________________________ DOLLARS, ($____________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one (1) year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officials, officers, employees, and authorized volunteers, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorney’s fees, incurred by the City in enforcing such obligation.

As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by the City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s Packet Page. 1853
4 TH STREET ALLEY REHABILITATION -9- 00 61 13 – BOND FORMS obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15.

Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
i. Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
ii. Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
iii. Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.

Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder 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 Documents or to the Project.
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Packet Page. 1854
4 TH STREET ALLEY REHABILITATION -10- 00 61 13 – BOND FORMS IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20___.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges is $_______________________________.
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________ ___________________________________________
___________________________________________
(Name and Address of Agent or ___________________________________________ Representative for service of ___________________________________________ process in California, if different ___________________________________________ from above)
(Telephone number of Surety ___________________________________________ and Agent or Representative for
service of process in California)
Packet Page. 1855
4 TH STREET ALLEY REHABILITATION -11- 00 61 13 – BOND FORMS Notary Acknowledgment
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.

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.

Place Notary Seal Above Signature of Notary Public

CAPACITY CLAIMED BY SIGNER
Individual

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.

Packet Page. 1856
4 TH STREET ALLEY REHABILITATION -12- 00 61 13 – BOND FORMS Notary Acknowledgment
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.

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.

Place Notary Seal Above Signature of Notary Public

CAPACITY CLAIMED BY SIGNER
Individual

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of Attorney to local representatives of the bonding company must also be attached.

END OF PERFORMANCE BOND
Packet Page. 1857
4 TH STREET ALLEY REHABILITATION -13- 00 61 13 – BOND FORMS Payment Bond (Labor and Materials).

KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the CITY OF SAN BERNARDINO , with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401 (hereinafter designated as the “City”), by action taken or a resolution passed ___________________ , 20_____, has awarded to ________________________ hereinafter designated as the “Principal,” a contract for the work described as follows: Contract No.____________ (the “Project”); and WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of ______________ Dollars ($___________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Civil Code Section 9100, fail to pay for any materials, provisions or other supplies, 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 amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Revenue and Taxation Code Section 18663, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by the City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses.

This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or Packet Page. 1858
4 TH STREET ALLEY REHABILITATION -14- 00 61 13 – BOND FORMS pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or the City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Civil Code Section 9100, and has not been paid the full amount of his claim.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract to be performed thereunder, 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 Contract, including but not limited to, the provisions of Sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
Packet Page. 1859
4 TH STREET ALLEY REHABILITATION -15- 00 61 13 – BOND FORMS Notary Acknowledgment
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.

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.

Place Notary Seal Above Signature of Notary Public

CAPACITY CLAIMED BY SIGNER
Individual

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.

Packet Page. 1860
4 TH STREET ALLEY REHABILITATION -16- 00 61 13 – BOND FORMS Notary Acknowledgment
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.

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.

Place Notary Seal Above Signature of Notary Public

CAPACITY CLAIMED BY SIGNER
Individual

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached.

END OF PAYMENT BOND
Packet Page. 1861
4 TH STREET ALLEY REHABILITATION -17- 00 72 00 – GENERAL CONDITIONS 00 72 00 – GENERAL CONDITIONS
ARTICLE 1 -TERMS; DEFINITIONS

1.1 Defined Terms
A. Whenever used in the Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined below, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms.

1. Act of God – An earthquake of magnitude of 3.5 or higher on the Richter scale or a tidal wave.

2. Addenda -- Written or graphic instruments issued prior to the submission of Bids which clarify, correct, or change the Contract Documents.

3. Additional Work -- New or unforeseen work will be classified as “Additional Work” when the Engineer determines that it is not covered by the Contract.

4. Applicable Laws -- The laws, statutes, ordinances, rules, codes, regulations, permits, and licenses of any kind, issued by local, state or federal governmental authorities or private authorities with jurisdiction (including utilities), to the extent they apply to the Work.

5. Bid -- The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices and other terms for the Work to be performed.

6. Bid Guarantee -- The Bid Bond, cashier’s check, or certified check to be made by the Bidder, which is to accompany the Bid as a guaranty of good faith to enter into a written contract.

7. Bidder -- The individual or entity who submits a Bid directly to the City.

8. Change Order (“CO”) -- A document that authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Contract, in accordance with the Contract Documents and in the form contained in the Contract Documents.

9. Change Order Request (“COR”) -- A request made by the Contractor for an adjustment in the Contract Price and/or Contract Times as the result of a Contractor-claimed change to the Work. This term may also be referred to as a Change Order Proposal (“COP”), or Request for Change (“RFC”).

10. City’s Representative – The City Engineer, and acting through properly authorized agents, such as the Engineer or such other agents acting within the scope of the particular duties entrusted to them. Also sometimes referred to as the “City’s Representative” or “Representative” in the Contract Documents. The terms the City and Owner may be used interchangeably
Packet Page. 1862
4 TH STREET ALLEY REHABILITATION -18- 00 72 00 – GENERAL CONDITIONS

11. Claim -- A demand or assertion by the City or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim.

12. Contract -- The entire integrated written agreement between the City and Contractor concerning the Work. “Contract” may be used interchangeably with “Agreement” in the Contract Documents. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral, and includes all Contract Documents.

13. Contract Documents -- The documents listed in Section 00 52 13, Article 5 of the Contract for Construction. Some documents provided by the City to the Bidders and Contractor, including but not limited to reports and drawings of subsurface and physical conditions are not Contract Documents.

14. Contract Price -- Amount to be paid by the City to the Contractor as full compensation for the performance of the Contract and completion of the Work, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs.

15. Contract Time -- The number of days or the dates stated in the Contract Documents to: achieve defined milestones, if any; and to complete the Work so that it is ready for final payment.

16. Contractor -- The individual or entity with which the City has contracted for performance of the Work.

17. Contractor’s Designated On-Site Representative -- The Contractor’s Designated On-Site Representative will be identified by the Contractor and shall not be changed without prior written consent of the City.

18. Critical Supply Shortage -- An unusual shortage in materials that is (a) supported by documented proof that Contractor made every effort to obtain such materials from all available sources; (b) such shortage is due to the fact that such materials are not physically available from single or multiple sources or could have been obtained only at exorbitant prices entirely inconsistent with current and standard rates taking into account the quantities involved and the usual industry practices in obtaining such quantities; and (c) such shortages and the difficulties in obtaining alternate sources of materials could not have been known or anticipated by Contractor at the time it submitted its bid or entered the Contract. Market fluctuations in prices of materials, whether or not resulting from a Force Majeure Event, does not constitute a Critical Supply Shortage.

19. Daily Rate -- The Daily Rate stipulated in the Contract Documents as full compensation to the Contractor due to the City’s unreasonable delay to the Project that was not contemplated by the parties.

20. Day -- A calendar day of 24 hours measured from midnight to the next midnight.

21. Defective Work -- Work that is unsatisfactory, faulty, or deficient; or that does not conform to the Contract Documents; or that does not meet the requirements of any Packet Page. 1863
4 TH STREET ALLEY REHABILITATION -19- 00 72 00 – GENERAL CONDITIONS inspection, reference standard, test, or approval referenced in the Contract Documents.

22. Demobilization -- The complete dismantling and removal by the Contractor of all of the Contractor’s temporary facilities, equipment, and personnel at the Site.

23. Drawings -- That part of the Contract Documents prepared by of the Engineer of Record which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor Submittals are not Drawings as so defined.

24. Effective Date of the Contract -- The date indicated in the Contract on which it becomes effective, but if no such date is indicated, it means the date on which the Contract is signed and delivered by the last of the two parties to sign and deliver.

25. Engineer -- Whenever not qualified, shall mean the City Engineer or the Engineer authorized to act for and in behalf of the City, acting either directly or through properly authorized agents, such agents acting severally within the scope of the particular duties entrusted to them.

26. Force Majeure Event -- An event that materially affects a party’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the Site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); (4) pandemics, epidemics or quarantine restrictions; (5) strikes and other organized labor action occurring at the Site and the effects thereof on the Work, only to the extent such strikes and other organized labor action are beyond the control of Contractor and its Subcontractors, of every Tier, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (6) a Critical Supply Shortage. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority.

27. Hazardous Waste -- The term “Hazardous Waste” shall have the meaning provided in Section 104 of the Solid Waste Disposal Act (42 U.S.C. § 6903) as amended from time to time, or any substance or material identified as hazardous under any state or federal statute governing handling, disposal and/or cleanup of any such substance or material, whichever is more restrictive.

28. Holiday – Holidays occur on:

New Year’s Day - January 1
President’s Day – Third Monday in February
Memorial Day - Last Monday in May
Independence Day - July 4
Labor Day - First Monday in September
Veteran’s Day - November 11
Thanksgiving Day - Fourth Thursday in November
Friday after Thanksgiving
Packet Page. 1864
4 TH STREET ALLEY REHABILITATION -20- 00 72 00 – GENERAL CONDITIONS Christmas Eve – December 24
Christmas Day - December 25
Day After Christmas – December 26
New Year’s Eve – December 31
If any Holiday listed above falls on a Saturday, Saturday and the preceding Friday are both Holidays. If the Holiday should fall on a Sunday, Sunday and the following Monday are both Holidays.

29. Notice of Award -- The written notice by the City to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, the City will sign and deliver the Contract.

30. Notice of Completion -- The form which may be executed by the City constituting final acceptance of the Project.

31. Notice to Proceed -- A written notice given by the City to Contractor fixing the date on which the Contractor may proceed with the Work and when Contract Times will commence to run.

32. Project -- The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part.

33. Record Drawings – The record set of as-builts prepared by the Contractor during the Work in accordance with the requirements of the General Conditions.

34. Recyclable Waste Materials -- Materials removed from the Site which are required to be diverted to a recycling center rather than an area landfill. Recyclable Waste Materials include, but are not limited to, asphalt, concrete, brick, concrete block, and rock.

35. Sample -- A physical example furnished by the Contractor to illustrate materials, equipment or workmanship; to establish standards by which the Work will be judged.

36. Schedule of Submittals -- A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to facilitate scheduled performance of related construction activities.

37. Shop Drawings -- All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work.

38. Site -- Lands or areas indicated in the Contract Documents as being furnished by the City upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by the City which are designated for the use of Contractor.

39. Specifications -- That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as Packet Page. 1865
4 TH STREET ALLEY REHABILITATION -21- 00 72 00 – GENERAL CONDITIONS applied to the Work, and certain administrative requirements and procedural matters applicable thereto.

40. Stop Payment Notice -- A written notice as defined in Civil Code section 8044.

41. Subcontractor -- An individual or entity other than a Contractor having a contract with any other entity than the City for performance of any portion of the Work at the Site.

42. Submittal -- Written and graphic information and physical samples prepared and supplied by the Contractor demonstrating various portions of the Work.

43. Successful Bidder -- The responsible Bidder submitting a responsive Bid to whom the City makes an award.

44. Supplier -- A manufacturer, fabricator, supplier, distributor, material man, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment used in the performance of the Work or to be incorporated in the Work.

45. Underground Facilities -- All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems.

46. Unit Price Work -- Work to be paid for on the basis of unit prices as provided by the Contractor in its Bid or as adjusted in accordance with the Contract Documents.

47. Warranty -- A guarantee provided to the City by the Contractor that the Work will remain free of defects and suitable for its intended use for the period required by the Contract Documents or the longest period permitted by the law of this state, whichever is longer.

48. Work -- The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents.

1.2 Terminology.

A. The words and terms below are not defined but, when used in the Contract Documents, have the indicated meaning.

1. The word “furnish,” when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition.

Packet Page. 1866
4 TH STREET ALLEY REHABILITATION -22- 00 72 00 – GENERAL CONDITIONS

2. The word “install,” when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use.

3. The words “perform” or “provide,” when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use.

4. Regardless of whether “furnish,” “install,” “perform,” or “provide” is used in connection with services, materials, or equipment, an obligation of Contractor is implied.

B. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning.

ARTICLE 2 -PRELIMINARY MATTERS

2.1 Delivery of Contract Documents
A. Within ten (10) Days after receipt of the Notice of Award and before the City will execute the Contract, the Contractor shall furnish and file with the City a signed Contract and the necessary Performance Bond, Payment Bond, and Certificates of Insurance and Endorsements, as well as any other documents specified in the Contract Documents.

2.2 Bonds
A. Contractor shall submit the bonds on the forms provided with the Contract Documents, duly executed by a responsible corporate surety admitted to transact surety business in the State of California, as defined in Code of Civil Procedure section 995.120, and listed in the United States Department of the Treasury circular entitled "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies," authorized to do business in the State of California and acceptable to the City conditioned upon the faithful performance by the Contractor of all requirements of the Contract Documents. Each of the bonds shall be in a sum no less than one hundred percent (100%) of the Contract Price. Bonds shall be delivered to the City within ten (10) Days after receipt of the Notice of Award and before execution of the Contract by the City.

2.3 Evidence of Insurance
A. Prior to commencing any Work but no later than ten (10) Days after receipt of the Notice of Award, the Contractor shall submit or cause to be submitted any and all Certificates of Insurance and Endorsements, showing that the Contractor has the required insurance, to the attention of the City. Such insurance is to be provided at the sole cost and expense of the Contractor. No Work shall be performed until all of the required insurance has been received and approved.

Packet Page. 1867
4 TH STREET ALLEY REHABILITATION -23- 00 72 00 – GENERAL CONDITIONS

2.4 Execution of the Contract
A. Upon receipt of the required Contract Documents, the City will execute the Contract, establishing the Effective Date of the Contract.

2.5 Contractor’s Failure to Perform
A. Should Contractor fail to comply with timelines provided above, the City shall retain the right to enforce and collect on the Contractor’s Bid Guarantee, rescind award to the Contractor and award the Contract to the next lowest responsive, responsible bidder as determined by the City. If the City elects to accept bonds and insurance submitted late, the Contract Times will begin to run as of the date stated in the Notice to Proceed. However, the number of days beyond the original ten (10) Days it took to receive the properly executed Contract and related items may be deducted from the Contract Times.

2.6 Commencement of Contract Times; Notice to Proceed
A. The City will not issue a Notice to Proceed until after the Effective Date of the Contract.

Work shall commence within ten (10) Days of the date stated in the Notice to Proceed.

The Contract Times begin to run on the date specified in the Notice to Proceed. No Work shall be done at the Site prior to the issuance of the Notice to Proceed.

2.7 Copies of Documents
A. Contractor will be furnished, free of charge, five (5) copies of the Contract Documents. Additional copies may be obtained at cost of reproduction. Contractor shall maintain a clean, undamaged set of Contract Documents, including Submittals, at the Project site.

2.8 Substitution Requests, Schedule of Submittals, and Schedule A. Substitution Requests. Within fifteen (15) Days after Notice of Award (unless otherwise specified in the Contract Documents), Contractor shall provide all substitution requests as further described in Section 00 72 00, Article 6.5.

B. Schedule of Submittals. Within five (5) Days after the issuance of the Notice of Proceed (unless otherwise specified in the Contract Documents), Contractor shall submit to the City a Schedule of Submittals that conforms with the requirements of Section 00 72 00, Article 5.21.

C. Schedule. Within ten (10) days after the issuance of the Notice of Proceed (unless otherwise specified in the Contract Documents), the Contractor shall submit a construction schedule that conforms with the requirements of Section 00 72 00, Article 8.2.

2.9 Preconstruction Conference; Designation of Authorized Representatives.

A. Before any Work at the Site is started, a conference attended by the City, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules Packet Page. 1868
4 TH STREET ALLEY REHABILITATION -24- 00 72 00 – GENERAL CONDITIONS referred to herein, procedures for handling Submittals and Shop Drawings, processing applications for payment, and maintaining required records.

B. At this conference the City and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit instructions, receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party.

2.10 Subcontractor Mobilization Meeting.

A. Prior to the start of each major Subcontractor’s Site Work, the Contractor, the involved Subcontractor, and Engineer shall attend a pre-start meeting to discuss the schedule, coordination, procedures, and other administrative issues.

2.11 Authority of Board; Engineer
A. The Board has the final authority in all matters affecting the Work. Within the scope of the Contract, the Engineer has the authority to enforce compliance with the Contract Documents. The Contractor shall promptly comply with instructions from the Engineer.

B. The decision of the Engineer is final and binding on all questions relating to:

1. quantities;

2. acceptability of material, equipment, or work;

3. execution, progress or sequence of work;

4. interpretation of the Plans, Specifications, or other Contract Documents; and

5. Any other areas specifically identified in the Contract Documents or under the law.

C. Compliance with instructions from the Engineer shall be a condition precedent to any payment under the Contract, unless otherwise ordered by the Board.

2.12 Mobilization
A. When a Bid item is included in the Bid Schedule for mobilization, the costs of Work in advance of construction operations and not directly attributable to any specific bid item will be included in the progress estimate. When no bid item is provided for mobilization payment for such costs will be deemed to be included in the other items of the Work.

B. Payment for mobilization based on the lump sum provided in the Bid Schedule, shall constitute full compensation for all such Work. No payment for mobilization will be made until all of the listed items have been completed to the satisfaction of the Engineer. The scope of the Work included under mobilization shall include, but shall not be limited to, the following principal items:

Packet Page. 1869
4 TH STREET ALLEY REHABILITATION -25- 00 72 00 – GENERAL CONDITIONS

1. Obtaining and paying for all bonds, insurance, and permits.

2. Moving on to the Project Site of all Contractor’s plant and equipment required for the first month’s operations.

3. Installing temporary construction power, wiring, and lighting facilities, as applicable.

4. Establishing fire protection system, as applicable.

5. Developing and installing a construction water supply, as applicable.

6. Providing and maintaining the field office trailers for the Contractor, if necessary, and the Engineer (if specified), complete, with all specified furnishings and utility services.

7. Providing on-site sanitary facilities and potable water facilities as specified per CalOSHA and these Contract Documents.

8. Furnishing, installing, and maintaining all storage buildings or sheds required for temporary storage of products, equipment, or materials that have not yet been installed in the Work. All such storage shall meet manufacturer’s specified storage requirements, and the specific provisions of the specifications, including temperature and humidity control, if recommended by the manufacturer, and for all security.

9. Arranging for and erection of Contractor’s work and storage yard.

10. Posting all OSHA required notices and establishment of safety programs per CalOSHA.

11. Full-time presence of Contractor’s superintendent at the job Site as required herein.

12. Submittal of construction schedule as required by the Contract Documents.

ARTICLE 3 -CONTRACT DOCUMENTS; INTENT

3.1 Examination of Drawings, Specifications, and Site of Work A. Examination of Contract Documents; Site. Before commencing any portion of the Work, Contractor shall again carefully examine all applicable Contract Documents, the Project Site, and other information given to Contractor as to materials and methods of construction and other Project requirements. Contractor shall immediately notify the Engineer of any potential error, inconsistency, ambiguity, conflict, or lack of detail or explanation. If Contractor performs, permits, or causes the performance of any Work which is in error, inconsistent or ambiguous, or not sufficiently detailed or explained, Contractor shall bear any and all resulting costs, including, without limitation, the cost of correction. In no case shall the Contractor or any Subcontractor proceed with Work if uncertain as to the applicable requirements.

Packet Page. 1870
4 TH STREET ALLEY REHABILITATION -26- 00 72 00 – GENERAL CONDITIONS B. Additional Instructions. After notification of any error, inconsistency, ambiguity, conflict, or lack of detail or explanation, the Engineer will provide any required additional instructions, by means of drawings or other written direction, necessary for proper execution of Work.

C. Quality of Parts, Construction and Finish. All parts of the Work shall be of the best quality of their respective kinds and the Contractor must use all diligence to inform itself fully as to the required construction and finish.

D. Contractor’s Variation from Contract Document Requirements. If it is found that the Contractor has varied from the requirements of the Contract Documents including the requirement to comply with all Applicable Laws, the Engineer may at any time, before or after completion of the Work, order the improper Work removed, remade or replaced by the Contractor at the Contractor’s expense.

3.2 Intent of Contract Documents
A. The Contract Documents are complementary; what is required by any one will be binding as if required by all. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to the City.

B. The Contractor shall furnish, unless otherwise provided in the Contract Documents, all materials, implements, machinery, equipment, tools, supplies and labor necessary to the prosecution and completion of the Project.

C. Clarifications and interpretations of the Contract Documents shall be issued by the Engineer as provided in these General Conditions.

D. If utilities to equipment/fixtures are not shown but are necessary to operate the equipment/fixtures, the utilities service installation is considered to be part of the Work. The implied Work will conform to the appropriate sections of the Contract Documents.

E. Organization of the Contract Documents into divisions, sections, and articles, and arrangement of drawings shall not control the Contractor in dividing Work among Subcontractors or in establishing the extent of Work to be performed by any trade.

3.3 Reference Standards.

A. Standards, Specifications, Codes, Laws, and Regulations.

1. Reference to federal specifications, federal standards, other standards, specifications, manuals, or codes of any technical society, organization, or association, or to Applicable Laws, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Applicable Laws in effect at the time of opening of Bids (or on the Effective Date of the Packet Page. 1871
4 TH STREET ALLEY REHABILITATION -27- 00 72 00 – GENERAL CONDITIONS Contract if there were no Bids), except as may be otherwise specifically stated in the Contract Documents.

2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of the City, Contractor, or any of their Subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to the City, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents.

3.4 Reporting and Resolving Discrepancies; Order of Precedence.

A. Reporting Discrepancies.

1. The Contract Documents are intended to be fully cooperative and complementary.

Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to the City any conflict, error, ambiguity, or discrepancy which Contractor discovers, should have discovered, or has actual knowledge of, and shall obtain a written interpretation or clarification from the City before proceeding with any Work affected thereby. If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (i) any Applicable Law, (ii) any standard, specification, manual, or code, or (iii) any instruction of any Supplier, then Contractor shall promptly submit a written Request for Information (RFI) to the City.

Contractor shall not proceed with the Work affected thereby (except in an emergency) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in the Contract Documents, and any Work performed by Contractor before receipt of an amendment or supplement shall be at Contractor’s own risk.

B. Order of Precedence.

1. In case of conflicts between the Contract Documents, the order of precedence shall be as follows:
a. Permits from other agencies as may be required by law b. Change Orders, most recent first
c. Contract
d. Addenda, most recent first
e. Special Conditions
f. Specifications
Packet Page. 1872
4 TH STREET ALLEY REHABILITATION -28- 00 72 00 – GENERAL CONDITIONS g. Construction Plans and Drawings(Contract Drawings)
h. General Conditions
i. Instructions to Bidders
j. Notice Inviting Bids
k. Contractor’s Bid (Bid Forms)
l. Standard Specifications for Public Works Construction “Greenbook” latest edition (Sections 1-9 Excluded)
m. Applicable Local Agency Standards and Specifications n. Standard Drawings
o. Reference Documents

2. With reference to the Drawings the order of precedence shall be as follows:
a. Figures govern over scaled dimensions
b. Detail drawings govern over general drawings
c. Addenda/Change Order drawings govern over Drawings
d. Contract Drawings govern over Standard Drawings
e. Contract Drawings govern over Shop Drawings

3. Notwithstanding the orders of precedence established above, in the event of conflicts, the higher standard, higher quality and most expensive shall always apply.

3.5 Amending and Supplementing Contract Documents.

A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof only by Change Order or written amendment to the Contract duly executed by the parties.

B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized at no cost to the City, by one or more of the following ways:

1. The City’s review of a Submittal, Shop Drawing, Sample or substitution request without exception (subject to the provisions of the Contract Documents); or

2. The City’s issuance of a response to an RFI.

C. However, no review or RFI response will reduce or modify the Contractor’s obligation to fully satisfy and comply with the requirements of the Contract Documents.

Packet Page. 1873
4 TH STREET ALLEY REHABILITATION -29- 00 72 00 – GENERAL CONDITIONS

3.6 Reuse of Documents.

A. Contractor and any Subcontractor or Supplier shall not:

1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer of Record or its consultants, including electronic media editions; or

2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of the City and Engineer of Record and specific written verification or adaptation by Engineer of Record.

B. The prohibitions of this Article will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes.

ARTICLE 4 -INDEMNIFICATION; INSURANCE

4.1 Indemnification
A. To the fullest extent permitted by law, Contractor shall immediately defend (with counsel of the City’s choosing), indemnify and hold harmless the City, its officials, officers, agents, employees, and representatives, and each of them from and against:

1. Any and all claims, demands, causes of action, costs, expenses, injuries, losses or liabilities, in law or in equity, of every kind or nature whatsoever, but not limited to, injury to or death, including wrongful death, of any person, and damages to or destruction of property of any person, arising out of, related to, or in any manner directly or indirectly connected with the Work or this Contract, including claims made by subcontractors for nonpayment, including without limitation the payment of all consequential damages and attorney’s fees and other related costs and expenses, however caused, regardless of whether the allegations are false, fraudulent, or groundless, and regardless of any negligence of the City or its officers, employees, or authorized volunteers (including passive negligence), except the sole negligence or willful misconduct or active negligence of the City or its officials, officers, employees, or authorized volunteers.

2. Contractor’s defense and indemnity obligation herein includes, but is not limited to damages, fines, penalties, attorney’s fees and costs arising from claims under the Americans with Disabilities Act (ADA) or other federal or state disability access or discrimination laws arising from Contractor’s Work during the course of construction of the improvements or after the Work is complete, as the result of defects or negligence in Contractor’s construction of the improvements.

3. Any and all actions, proceedings, damages, costs, expenses, fines, penalties or liabilities, in law or equity, of every kind or nature whatsoever, arising out of, resulting from, or on account of the violation of any governmental law or regulation, compliance with which is the responsibility of Contractor; Packet Page. 1874
4 TH STREET ALLEY REHABILITATION -30- 00 72 00 – GENERAL CONDITIONS

4. Any and all losses, expenses, damages (including damages to the Work itself), attorney’s fees, and other costs, including all costs of defense which any of them may incur with respect to the failure, neglect, or refusal of Contractor to faithfully perform the Work and all of Contractor’s obligations under Contract. Such costs, expenses, and damages shall include all costs, including attorney’s fees, incurred by the indemnified parties in any lawsuit to which they are a party.

B. Contractor shall immediately defend, at Contractor’s own cost, expense and risk, with the counsel of the City choosing, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, agents, employees and representatives. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the City, its officials, officers, employees, agents, employees and representatives, in any such suit, action or other legal proceeding. Contractor shall reimburse the City, its officials, officers, agents, employees and representatives for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. The only limitations on this provision shall be those imposed by Civil Code section 2782.

C. The provisions of this Article shall survive the termination of this Contract howsoever caused, and no payment, partial payment, or acceptance of occupancy in whole or part of the Work shall waive or release any of the provisions of this Article.

4.2 Insurance
The Contractor shall obtain, and at all times during performance of the Work of Contract, maintain all of the insurance described in this Article. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required hereunder. Contractor shall not allow any Subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this Article. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Contract for cause. Contractor shall furnish the City with original certificates of insurance and endorsements effective coverage required by this Contract on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms acceptable to the City. All certificates and endorsements must be received and approved by the City before Work commences.

A. Additional Insureds; Waiver of Subrogation. The City, its officials, officers, employees, agents and authorized volunteers shall be named as Additional Insureds on Contractor’s All Risk policy and on Contractor’s and its subcontractors’ policies of Commercial General Liability and Automobile Liability insurance using, for Contractor’s policy/ies of Commercial General Liability insurance, ISO CG forms 20 10 and 20 37 (or endorsements providing the exact same coverage, including completed operations), and, for subcontractors’ policies of Commercial General Liability insurance, ISO CG form 20 38 (or endorsements providing the exact same coverage). Notwithstanding the minimum limits set forth in this Contract for any type of insurance coverage, all available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as Additional Insureds hereunder. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against the City, its Packet Page. 1875
4 TH STREET ALLEY REHABILITATION -31- 00 72 00 – GENERAL CONDITIONS officers, officials, agents, employees or volunteers or shall specifically allow Contractor - or others providing insurance evidence in compliance with these specifications - to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. Copies of these waivers shall be submitted to the City prior to commencement of work.

B. Workers’ Compensation Insurance. The Contractor shall provide workers’ compensation insurance for all of the employees engaged in Work under this Contract, on or at the Site, and, in case of any sublet Work, the Contractor shall require the subcontractor similarly to provide workers’ compensation insurance for all the latter’s employees as prescribed by State law. Any class of employee or employees not covered by a subcontractor’s insurance shall be covered by the Contractor’s insurance. In case any class of employees engaged in work under this Contract, on or at the Site, is not protected under the Workers’ Compensation Statutes, the Contractor shall provide or shall cause a subcontractor to provide, adequate insurance coverage for the protection of such employees not otherwise protected. The Contractor is required to secure payment of compensation to his employees in accordance with the provisions of section 3700 of the Labor Code.

The Contractor shall file with the City certificates of his insurance protecting workers.

Company or companies providing insurance coverage shall be acceptable to the City, if in the form and coverage as set forth in the Contract Documents.

C. Employer’s Liability Insurance. Contractor shall provide Employer’s Liability Insurance, including Occupational Disease, in the amount of at least one million dollars ($1,000,000.00) per person per accident. Contractor shall provide the City with a certificate of Employer’s Liability Insurance. Such insurance shall comply with the provisions of the Contract Documents. The policy shall be endorsed, if applicable, to provide a Borrowed Servant/Alternate Employer Endorsement and contain a Waiver of Subrogation in favor of the City.

D. Commercial General Liability Insurance. Contractor shall provide “occurrence” form Commercial General Liability insurance coverage at least as broad as the most current ISO CGL Form 00 01, including but not limited to, premises liability, contractual liability, products/completed operations, personal and advertising injury which may arise from or out of Contractor’s operations, use, and management of the Site, or the performance of its obligations hereunder. The policy shall not contain any exclusion contrary to this Contract including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 39); or (2) cross-liability for claims or suits against one insured against another. Policy limits shall not be less than $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Defense costs shall be paid in addition to the limits.

1. Such policy shall comply with all the requirements of this Article. The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Contractor from liability in excess Packet Page. 1876
4 TH STREET ALLEY REHABILITATION -32- 00 72 00 – GENERAL CONDITIONS of such coverage, nor shall it limit Contractor’s indemnification obligations to the City, and shall not preclude the City from taking such other actions available to the City under other provisions of the Contract Documents or law.

2. All general liability policies provided pursuant to the provisions of this Article shall comply with the provisions of the Contract Documents.

3. All general liability policies shall be written to apply to all bodily injury, including death, property damage, personal injury, owned and non-owned equipment, blanket contractual liability, completed operations liability, explosion, collapse, under-ground excavation, removal of lateral support, and other covered loss, however occasioned, occurring during the policy term, and shall specifically insure the performance by Contractor of that part of the indemnification contained in these General Conditions relating to liability for injury to or death of persons and damage to property.

4. If the coverage contains one or more aggregate limits, a minimum of 50% of any such aggregate limit must remain available at all times; if over 50% of any aggregate limit has been paid or reserved, the City may require additional coverage to be purchased by Contractor to restore the required limits. Contractor may combine primary, umbrella, and as broad as possible excess liability coverage to achieve the total limits indicated above. Any umbrella or excess liability policy shall include the additional insured endorsement described in the Contract Documents.

5. All policies of general liability insurance shall permit and Contractor does hereby waive any right of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.

E. Automobile Liability Insurance. Contractor shall provide Automobile Liability Insurance at least as broad as ISO CA 00 01 (Any Auto) in the amount of, at least, one million dollars ($1,000,000) per accident for bodily injury and property damage.

Such insurance shall provide coverage with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible, in a form and with insurance companies acceptable to the City. All policies of automobile insurance shall permit and Contractor does hereby waive any right of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.

F. Builder’s Risk [“All Risk”]

1. It is the Contractor’s responsibility to maintain or cause to be maintained Builder’s Risk [“All Risk”] extended coverage insurance on all work, material, equipment, appliances, tools, and structures that are or will become part of the Work and subject to loss or damage by fire, and vandalism and malicious mischief, in an amount to cover 100% of the replacement cost. The City accepts no responsibility for the Work until the Work is formally accepted by the City. The Contractor shall provide a certificate evidencing this coverage before commencing performance of the Work.

Packet Page. 1877
4 TH STREET ALLEY REHABILITATION -33- 00 72 00 – GENERAL CONDITIONS

2. The named insureds shall be Contractor, all Subcontractors of any tier (excluding those solely responsible for design work), suppliers, and the City, its elected officials, officers, employees, agents and authorized volunteers, as their interests may appear. Contractor shall not be required to maintain property insurance for any portion of the Work following acceptance by the City.

3. Policy shall be provided for replacement value on an “all risk” basis. There shall be no coinsurance penalty provision in any such policy. Policy must include: (1) coverage for any ensuing loss from faulty workmanship, nonconforming work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) transit coverage, including ocean marine coverage (unless insured by the supplier), with sub-limits sufficient to insure the full replacement value of any key equipment item; and (5) coverage with sub-limits sufficient to insure the full replacement value of any property or equipment stored either on or off the Site. Such insurance shall be on a form acceptable to the City to ensure adequacy and sublimit.

4. In addition, the policy shall meet the following requirements:
a. Insurance policies shall be so conditioned as to cover the performance of any extra work performed under the Contract.
b. Coverage shall include all materials stored on site and in transit. c. Coverage shall include Contractor’s tools and equipment. d. Insurance shall include boiler, machinery and material hoist coverage.

G. Contractor shall require all tiers of Subcontractors working under this Contract to provide the insurance required under this Article unless otherwise agreed to in writing by the City. Contractor shall make certain that any and all Subcontractors hired by Contractor are insured in accordance with this Contract. If any Subcontractor’s coverage does not comply with the foregoing provisions, Contractor shall indemnify and hold the City harmless from any damage, loss, cost, or expense, including attorneys’ fees, incurred by the City as a result thereof.

H. Notwithstanding the minimum limits set forth in this Contract for any type of insurance coverage, if Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

I. Form and Proof of Carriage of Insurance

1. Any insurance carrier providing insurance coverage required by the Contract Documents shall be admitted to and authorized to do business in the State of California unless waived, in writing, by the City’s Risk Manager. Carrier(s) shall have an A.M. Best rating of not less than an A:VII. Insurance deductibles or selfinsured retentions must be declared by the Contractor. At the election of the City Packet Page. 1878
4 TH STREET ALLEY REHABILITATION -34- 00 72 00 – GENERAL CONDITIONS the Contractor shall either 1) reduce or eliminate such deductibles or self-insured retentions, or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses. If umbrella or excess liability coverage is used to meet any required limit(s) specified herein, the Contractor shall provide a “follow form” endorsement satisfactory to the City indicating that such coverage is subject to the same terms and conditions as the underlying liability policy.

2. Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or cancelled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officials, officers, agents, employees, and volunteers.

3. The Certificates(s) and policies of insurance shall contain or shall be endorsed to contain the covenant of the insurance carrier(s) that it shall provide no less than thirty (30) days written notice be given to the City prior to any material modification or cancellation of such insurance. In the event of a material modification or cancellation of coverage, the City may terminate the Contract or stop the Work in accordance with the Contract Documents, unless the City receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverage’s set forth herein and the insurance required herein is in full force and effect. Contractor shall not take possession, or use the Site, or commence operations under this Contract until the City has been furnished original Certificate(s) of Insurance and certified original copies of endorsements or policies of insurance including all endorsements and any and all other attachments as required in this Article. The original endorsements for each policy and the Certificate of Insurance shall be signed by an individual authorized by the insurance carrier to do so on its behalf.

4. The Certificate(s) of Insurance, policies and endorsements shall so covenant and shall be construed as primary, and the City’s insurance and/or deductibles and/or self-insured retentions or self-insured programs shall not be construed as contributory.

5. The City reserves the right to adjust the monetary limits and types of insurance coverages during the term of this Contract including any extension thereof if, in the City’s reasonable judgment, the amount or type of insurance carried by the Contractor becomes inadequate.

6. Contractor shall report to the City, in addition to the Contractor’s insurer, any and all insurance claims submitted by the Contractor in connection with the Work under this Contract.

7. Products/completed operations coverage shall extend a minimum of three years after the project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or Packet Page. 1879
4 TH STREET ALLEY REHABILITATION -35- 00 72 00 – GENERAL CONDITIONS remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The City, its officers, officials, agents employees, and volunteers shall be included as insureds under the policy.

ARTICLE 5 -CONTRACTOR RESPONSIBILITIES; REGULATORY REQUIREMENTS

5.1 Applicable Laws
A. Contractor shall give all notices required by and shall comply with all Applicable Laws applicable to the performance of the Work. Except where otherwise expressly required by Applicable Laws, neither the City nor the City’s Representative shall be responsible for monitoring Contractor’s compliance with any Applicable Laws. If Contractor performs any Work knowing or having reason to know that it is contrary to Applicable Laws, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work.

5.2 Permits and Licenses
A. Permits and licenses necessary for prosecution of the Work shall be secured and paid for by Contractor, including, but not limited to, excavation permit, for plumbing, mechanical and electrical work and for operations in or over public streets or right of way under jurisdiction of public agencies other than the City, unless otherwise specified in the Contract Documents.

B. The Contractor shall arrange and pay for all off-site inspection of the Work related to permits and licenses, including certification, required by the specifications, drawings, or by governing authorities, except for such off-site inspections delineated as the City’s responsibility pursuant to the Contract Documents.

C. Before acceptance of the Work, the Contractor shall submit all licenses, permits, certificates of inspection and required approvals to the City.

5.3 Taxes
A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid in accordance with the Applicable Laws of the place of the Project which are applicable during the performance of the Work. In accordance with Revenue and Taxation Code section 107.6, the Contract Documents may create a possessory interest subject to personal property taxation for which Contractor will be responsible.

5.4 Traffic Control
A. Traffic control plans, if required, shall be prepared at Contractor’s expense. Traffic control shall be performed at Contractor’s expense in accordance with the requirements of the City and/or the local agency with jurisdiction. Costs for traffic control plans, implementation of traffic control, or traffic signal services required by the City shall be included in the Contractor’s Bid.

Packet Page. 1880
4 TH STREET ALLEY REHABILITATION -36- 00 72 00 – GENERAL CONDITIONS B. All warning signs and safety devices used by the Contractor to perform the Work shall conform to the requirements contained in the State of California, Department of Transportation’s current edition of “Manual of Traffic Controls for Construction and Maintenance Work Zones” or to the requirements of the local agency. The Contractor shall also be responsible for all traffic control required by the agency having jurisdiction over the Project on the intersecting streets. Contractor must submit a traffic control plan to the agency having jurisdiction over the Project for approval prior to starting Work.

C. The Contractor’s representative on the site responsible for traffic control shall produce evidence that he/she has completed training acceptable to the California Department of Transportation for safety through construction zones. All of the streets in which the Work will occur shall remain open to traffic and one lane of traffic maintained at all times unless otherwise directed by the agency of jurisdiction.

Businesses and residences adjacent to the Work shall be notified forty-eight (48) hours in advance of closing of driveways. The Contractor shall make every effort to minimize the amount of public parking temporarily eliminated due to construction in areas fronting businesses. No stockpiles of pipe or other material will be allowed in traveled right-of-ways after working hours unless otherwise approved by the Engineer.

5.5 Safety
A. Contractor shall be solely responsible for all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety laws. Contractor shall comply with all Applicable Laws relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property.

B. The Contractor shall maintain emergency first aid treatment for his employees which complies with the Federal Occupational Safety and Health Act of 1970 (29 U.S.C. § 651 et seq.), and California Code of Regulations, Title 8, Industrial Relations Division 1, Department of Industrial Relations, Chapter 4. The Contractor shall ensure the availability of emergency medical services for its employees in accordance with California Code of Regulations, Title 8, Section 1512. The Contractor shall submit an Illness and Injury Prevention Program and a Project Site specific safety program to the City prior to beginning Work. Contractor shall maintain a confined space program that meets or exceeds the City’s standards. Contractor needs to make themselves aware of the City’s safety policies and procedures, and shall meet or exceed all City standards in areas where the City must enter to perform inspections.

C. Hazard Communication Programs. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Applicable Laws.

Packet Page. 1881
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5.6 Hazardous Materials
A. The City shall not be responsible for any Hazardous Waste brought to the site by the Contractor. If the Contractor: (i) introduces and/or discharges a Hazardous Waste onto the site in a manner not specified by the Contract Documents; and/or (ii) disturbs a Hazardous Material identified in the Contract Documents, the Contractor shall hire a qualified remediation contractor at Contractor’s sole cost to eliminate the condition as soon as possible. Under no circumstance shall the Contractor perform Work for which it is not qualified. The City, in its sole discretion, may require the Contractor to retain at Contractor’s cost an independent testing laboratory.

B. If the Contractor encounters a Hazardous Waste which may cause foreseeable injury or damage, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such material or substance (except in an emergency situation); and (iii) notify the City (and promptly thereafter confirm such notice in writing).

C. Subject to Contractor’s compliance with this Article 5.6(B), the City shall verify the presence or absence of the Hazardous Waste reported by the Contractor, except as qualified under Article 5.6(A) and Article 5.6(B) in the event such material or substance is found to be present, verify that the levels of the hazardous material are below OSHA Permissible Exposure Levels and below levels which would classify the material as a state of California or federal hazardous waste. When the material falls below such levels, Work in the affected area shall resume upon direction by the City.

D. Contractor shall indemnify and hold harmless the City from and against claims, damages, losses and expenses, arising from a Hazardous Waste on the Project Site, if such Hazardous Waste exceeded OSHA Permissible Exposure Levels or levels which would classify the material as a state of California or federal hazardous waste, and was either i) shown on the Contract Documents or information available to bidders; or (ii) brought to the site by Contractor. Nothing in this paragraph shall obligate the Contractor to indemnify the City in the event of the sole or active negligence or willful misconduct of the City, its officers, agents, or employees.

5.7 Sanitary Facilities.

A. Contractor shall provide sanitary temporary toilet buildings and hand washing facilities for the use of all workers. All toilets and hand washing facilities shall comply with local codes and ordinances. Toilets shall be placed inside sealed secondary containment devices installed on a flat, level surface. Accumulated liquids in the secondary containment devices shall be properly removed and legally disposed without spillage onto the ground. Toilets shall be kept supplied with toilet paper and shall have workable door fasteners. Toilets and hand washing facilities shall be serviced no less than once weekly and shall be present in a quantity of not less than 1 per 20 workers as required by Cal/OSHA regulations. The toilets and hand washing facilities shall be maintained in a sanitary condition at all times. Use of toilet and hand washing facilities in the Work under construction shall not be permitted.

Any other sanitary facilities required by Cal/OSHA shall be the responsibility of the Contractor.

Packet Page. 1882
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5.8 Dust Control
A. Contractor, at its expense, shall maintain all excavations, embankments, haul roads, permanent access roads, plant sites, waste disposal areas, borrow areas, and all other work areas free from dust. Industry accepted methods of dust control suitable for the area involved, such as sprinkling, chemical treatment, light bituminous treatment or similar methods, will be permitted.

5.9 Air Pollution Control
A. Contractor shall comply with all air pollution control rules, regulations, ordinances and statutes. All containers of paint, thinner, curing compound, solvent or liquid asphalt shall be labeled to indicate that the contents fully comply with the applicable material requirements.

B. Without limiting the foregoing, Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the Air Quality Management District with jurisdiction over the Project and/or California Air Resources Board (CARB). Contractor shall specifically be aware of the application of these limits and requirements to "portable equipment", which definition includes any item of equipment with a fuel-powered engine. Contractor shall indemnify the City against any fines or penalties imposed by the air quality management district, CARB, or any other governmental or regulatory agency for its violations of Applicable Laws as well as those of its subcontractors or others for whom Contractor is responsible under its indemnity obligations provided for in the Contract Documents.

5.10 Water Quality Management and Compliance
A. Storm, surface, ground, nuisance, or other waters may be encountered at various times during construction of the Work. The Contractor hereby acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom.

B. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Work including, without limitation, all applicable provisions regulating discharges of storm water; the Federal Water Pollution Control Act (33 U.S.C. § 13000 et seq.); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000- 14950); and any and all regulations, policies, or permits issued pursuant to any such authority. These include, but are not limited to California State Water Resources Control Board Order Number 2009-0009-DWQ (NPDES Permit No. CAS000002), as amended by Order Numbers 2010-0014-DWQ, 2012-0006-DWQ, and any subsequent amendment to or renewal thereof, State Water Resources Control Board Order No. 2013-0001-DWQ (NPDES Order No. CAS000004), Santa Ana Regional Water Quality Control Board No. R8-2010-0036 (NPDES No. CAS618036), and any amendment or renewal thereof.

Packet Page. 1883
4 TH STREET ALLEY REHABILITATION -39- 00 72 00 – GENERAL CONDITIONS C. Contractor shall comply with all conditions of the State Water Resources Control Board (“State Water Board”) National Pollutant Discharge Elimination System General Permit for Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with Construction Activity (“Construction General Permit”) for all construction activity which results in the disturbance of in excess of one acre of total land area or which is part of a larger common area of development or sale.

Contractor shall comply with the lawful requirements of the City, and any other applicable municipality, drainage district, or other local agency with jurisdiction over the location where the Work is to be conducted, regarding discharges of storm water to separate storm drain systems or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs.

D. Unless otherwise specified in the Special Conditions or other portion of the Contract Documents, the City has not prepared a Storm Water Pollution Prevention Plan (“SWPPP”) or other storm water compliance plan for the Project Site. Contractor shall be responsible for filing the Notice of Intent (“NOI”) and for obtaining coverage under the Construction General Permit. This includes filing all necessary documentation including the Permit Registration Documents (“PRDs”) through the Stormwater Multiple Applications and Report Tracking System (“SMARTS”); preparing and implementing a SWPPP for the Work site; implementing all other provisions, and monitoring and reporting requirements required by the Construction General Permit; and providing a Qualified SWPPP Developer (“QSD”) and Qualified SWPPP Practitioner (“QSP”), as necessary for all Work site activities, including but not limited to preparation and submittal of all reports, plans, inspections, and monitoring information in compliance with the Construction General Permit. All submittals shall be coordinated with the City’s Legally Responsible Person and Authorized Signatory as those terms are defined in the Construction General Permit.

Before any NOI, PRD, SWPPP, or other Construction General Permit-related document may be submitted to the State Water Board or implemented on the Project site, it must first be reviewed and approved by the City and/or City’s designee.

Contractor shall include all costs of compliance with specified requirements in the Contract Price.

E. The City retains the right to develop its own documentation for the Project site, including but not limited to the SWPPP, and in the alternative may require Contractor to adopt and implement portions of the City developed SWPPP. The City expressly reserves the right to procure coverage under the Construction General Permit for the Work site if Contractor fails to draft satisfactory PRDs or SWPPP or otherwise fails to proceed in a manner that complies with the requirements of the Construction General Permit. The City additionally reserves the right to hire additional contractors to maintain compliance at the Work site. Whether Contractor has adequately maintained compliance with the Construction General Permit shall be the City’s sole determination. Any costs incurred by the City in procuring coverage under the Construction General Permit, or drafting and/or implementing a SWPPP for the Work site shall be paid by Contractor.

F. Notwithstanding the above, for those Work sites where construction activity results in the disturbance of less than one acre of total land area and/or do not need coverage under the Construction General Permit, the Contractor shall be responsible for preparing and implementing an Erosion and Sediment Control Plan Packet Page. 1884
4 TH STREET ALLEY REHABILITATION -40- 00 72 00 – GENERAL CONDITIONS in accordance with State Water Resources Control Board Order No. 2013-0001- DWQ (NPDES Order No. CAS000004) and any amendment to or renewal thereof.

G. Failure to comply with the Construction General Permit, laws, regulations, and ordinances listed in this Article is a violation of federal and state law.

Notwithstanding any other indemnity contained in these Contract Documents, Contractor agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, fees, costs, expenses, or losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the Permit, laws, regulations, and ordinances listed above, arising out of or in connection with the Work, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.

H. The City reserves the right to defend any enforcement action or civil action brought against the City for Contractor’s failure to comply with any applicable water quality law, regulation, or policy. Contractor hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and any relevant enforcement entity.

5.11 Environmental Quality Protection
A. The Contractor shall comply with all requirements of applicable federal, state, and local environmental rules and regulations. Any infractions of said rules and regulations by the Contractor during the term of the Contract, which result in penalties, will be the responsibility of the Contractor. The City operates under a number of environmental permits issued by various agencies. If due to an action, inaction, or negligence by the Contractor, the City becomes subject to noncompliance penalties, the cost of such penalties shall be borne by the Contractor.

B. The Contractor shall exercise care to preserve the natural landscape and vegetation, and shall conduct operations so as to prevent unnecessary destruction, scarring, or defacing of the natural surroundings in the vicinity of the Work.

Movement of crews and equipment within the rights-of-way and over routes provided for access to the Work shall be performed in a manner to prevent damage to property. When no longer required, construction roads shall be restored to original contours. Upon completion of the Work, and following removal of construction facilities and required cleanup, land used for construction purposes and not required for the completed installation shall be scarified and regraded, as required, so that all surfaces are left in a condition that will facilitate natural revegetation, provide for proper drainage, and prevent erosion.

C. If, in the performance of the Work, evidence of the possible occurrence of any Federally listed threatened or endangered plant or animal is discovered, the Contractor shall notify the City Representative immediately, giving the location and nature of the findings. Written confirmation of the evidence, location and nature of the findings shall be forwarded to City within two (2) Days. The Contractor shall immediately cease all construction activities in the immediate area of the discovery to the extent necessary to protect the endangered plant or animal. If directed by the City Representative, Contractor will refrain from working in the immediate area, Packet Page. 1885
4 TH STREET ALLEY REHABILITATION -41- 00 72 00 – GENERAL CONDITIONS suspend the Work in its entirety, or alter its performance to ensure full compliance with all applicable permits, laws and regulations. Any City directed changes to the Work as a result of a siting will be pursuant to the Contract Documents. Any costs or delays incurred by City or the Contractor due to unreasonable or false notification of an endangered plant or animal will be borne by the Contractor.

D. If, in the performance of the Work, Contractor should unearth cultural resources (for example, human remains, animal bones, stone tools, artifacts and/or midden deposits) through excavation, grading, watering or other means, the Contractor shall notify the construction/archeological monitor and/or the City Representative immediately, giving the location and nature of the findings. Written confirmation of the evidence, location and nature of the findings shall be forwarded to the construction/archeological monitor and/or City within two (2) Days. The Contractor shall immediately cease all construction activities in the immediate area of the discovery to the extent necessary to protect the cultural resource. If directed by the City Representative, Contractor will refrain from working in the immediate area, suspend the Work in its entirety, or re-sequence and/or alter its performance to ensure full compliance with all applicable permits, laws and regulations. Should the presence of cultural resources be confirmed, the Contractor will assist the City Representative and the construction/archeological monitor in the preparation and implementation of a data recovery plan. The Contractor shall provide such cooperation and assistance as may be necessary to preserve the cultural resources for removal or other disposition. Any City directed changes to the Work as a result of the cultural resource will be pursuant to the Contract Documents. Should Contractor, without permission, injure, destroy, excavate, appropriate, or remove any cultural resource on or adjacent to the Site, it will be subject to disciplinary action, arrest and penalty under applicable law. The Contractor shall be principally responsible for all costs of mitigation and/or restoration of cultural resources related to the unauthorized actions identified above. Contractor shall be required to pay for unauthorized damage and mitigation costs to cultural resources (historical and archeological resources) as a result of unauthorized activities that damage cultural resources and shall indemnify City pursuant to the Contract Documents.

5.12 Excessive Noise
A. Contractor shall use only such equipment on the Work and in such state of repair so that the emission of sound therefrom is within the noise tolerance level of that equipment as established by Cal/OSHA. Contractor shall comply with the most restrictive of the following: (1) local sound control and noise level rules, regulations and ordinances and (2) the requirements contained in these Contract Documents, including hours of operation requirements.

B. No internal combustion engine shall be operated on the Project without a muffler of the type recommended by the manufacturer. Should any muffler or other control device sustain damage or be determined to be ineffective or defective, the Contractor shall promptly remove the equipment and shall not return said equipment to the job until the device is repaired or replaced. Said noise and vibration level requirements shall apply to all equipment on the job or related to the job, including but not limited to, trucks, transit mixers or transit equipment that may or may not be owned by the Contractor.

Packet Page. 1886
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5.13 Diversion of Recyclable Waste Material
A. In compliance with the applicable City’s waste reduction and recycling efforts, Contractor shall divert all Recyclable Waste Materials to appropriate recycling centers as required for compliance with the local jurisdiction’s waste diversion ordinances. Contractor will be required to submit weight tickets and written proof of diversion with its monthly progress payment requests. Contractor shall complete and execute any certification forms required by the City or other applicable agencies to document Contractor’s compliance with these diversion requirements. All costs incurred for these waste diversion efforts shall be the responsibility of the Contractor.

5.14 Inspector’s Field Office.

A. If required by the City, the Contractor shall be responsible for providing the inspector’s field office. The office shall be a substantial waterproof construction with adequate natural light and ventilation by means of stock design windows. Door shall have a key type lock or padlock clasp. The office shall have heating and air conditioning and shall be equipped with a telephone, a telephone answering machine, an ability to connect to the internet, and a fax machine at Contractor’s expense. The field office shall be provided within 20 Days of the Notice to Proceed.

B. A table satisfactory for the study of plans and two chairs shall be provided by Contractor. Contractor shall provide and pay for adequate electric lights, local telephone service, and adequate heat and air conditioning for the field office until authorized removal.

5.15 Contractor’s Supervision.

A. Contractor shall continuously keep at the Project site, a competent and experienced full-time Project superintendent acceptable to the City. Superintendent must be able to proficiently speak, read and write in English and shall have the authority to make decisions on behalf of the Contractor. Contractor shall continuously provide efficient supervision of the Project.

5.16 Workers.

A. Contractor shall at all times enforce strict discipline and good order among its employees. Contractor shall not employ on the Project any unfit person or any one not skilled in the Work assigned to him or her.

B. Any person in the employ of the Contractor whom the City may deem incompetent or unfit shall be dismissed from the Work and shall not be employed on this Project.

5.17 Independent Contractors.

A. Contractor shall be an independent contractor for the City and not an employee.

Contractor understands and agrees that it and all of its employees shall not be considered officers, employees, or agents of the City and are not entitled to benefits of any kind normally provided employees of the City, including but not limited to, state unemployment compensation or workers’ compensation. Contractor assumes Packet Page. 1887
4 TH STREET ALLEY REHABILITATION -43- 00 72 00 – GENERAL CONDITIONS full responsibility for the acts and omissions of its employees or agents related to the Work.

5.18 Verification of Employment Eligibility.

A. By executing the Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subcontractors, sub-subcontractors and consultants to comply with the same. Each person executing this Contract on behalf of Contractor verifies that he or she is a duly authorized officer of Contractor and that any of the following shall be grounds for the City to terminate the Contract for cause: (1) failure of the Contractor or its Subcontractors, sub-subcontractors or consultants to meet any of the requirements provided for in this Article; (2) any misrepresentation or material omission concerning compliance with such requirements; or (3) failure to immediately remove from the Work any person found not to be in compliance with such requirements.

5.19 Labor.

A. Hours of Work

1. As provided in Article 3 (commencing at section 1810), Chapter 1, Part 7, Division 2 of the Labor Code, Contractor stipulates that eight (8) hours of labor shall constitute a legal day’s work. The time of service of any worker employed at any time by the Contractor or by any subcontractor on any subcontract under this Contract upon the Work or upon any part of the Work contemplated by this Contract is limited and restricted to eight (8) hours during any one calendar day and 40 hours during any one calendar week, except as hereinafter provided.

Notwithstanding the provisions herein above set forth, work performed by employees of Contractor in excess of eight (8) hours per day, and 40 hours during any one week, shall be permitted upon this public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and onehalf times the basic rate of pay.

2. The Contractor and every Subcontractor shall keep an accurate record showing the name of and actual hours worked each calendar day and each calendar week by each worker employed in connection with the Work or any part of the Work contemplated by this Contract. The record shall be kept open at all reasonable hours to the inspection of the City and to the Division of Labor Law Enforcement, Department of Industrial Relations of the State of California.

3. The Contractor shall pay to the City a penalty of twenty-five dollars ($25.00) for each worker employed in the execution of this Contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any calendar day and 40 hours in any one calendar week in violation of the provisions of Article 3 (commencing at section 1810), Chapter 1, Part 7, Division 2 of the Labor Code.

Packet Page. 1888
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4. Any work necessary to be performed after regular working hours, or on Saturdays and Sundays or other holidays, shall be performed without additional expense to the City.

5. If Contractor gives notice of an inspection pursuant to the Contract Documents, the City will provide inspection during normal working hours from 7:00 a.m. to 3:30 p.m. Monday through Friday. Requested inspections before or after this time will be charged to the Contractor as reimbursable inspection time. Inspections on weekends requires two (2) Days’ notice for review and approval. Upon written request and approval the 8.5 hour working day may be changed to other limits subject to city/county ordinance.

6. It shall be unlawful for any person to operate, permit, use, or cause to operate any of the following at the Project Site, other than between the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday, with no Work allowed on City-observed Holidays, unless otherwise approved by the City:
a. Powered Vehicles
b. Construction Equipment
c. Loading and Unloading Vehicles
d. Domestic Power Tools
B. Payroll Records; Labor Compliance

1. Pursuant to Labor Code section 1776, Contractor and all subcontractors shall maintain weekly certified payroll records, showing the names, addresses, Social Security numbers, work classifications, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by them in connection with the Work under this Contract. Contractor shall certify under penalty of perjury that records maintained and submitted by Contractor are true and accurate. Contractor shall also require Subcontractor(s) to certify weekly payroll records under penalty of perjury.

2. In accordance with Labor Code section 1771.4, the Contractor and each Subcontractor shall furnish the certified payroll records directly to the Department of Industrial Relations (“DIR”) on the specified interval and format prescribed by the DIR, which may include electronic submission. Contractor shall comply with all requirements and regulations from the DIR relating to labor compliance monitoring and enforcement. The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

3. Any stop orders issued by the DIR against Contractor or any Subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated Packet Page. 1889
4 TH STREET ALLEY REHABILITATION -45- 00 72 00 – GENERAL CONDITIONS damages and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Contractor or any Subcontractor.

4. The payroll records described herein shall be certified and submitted by the Contractor at a time designated by the City. The Contractor shall also provide the following:
a. A certified copy of the employee’s payroll records shall be made available for inspection or furnished to such employee or his or her authorized representative on request.
b. A certified copy of all payroll records described herein shall be made available for inspection or furnished upon request of the DIR.

5. Unless submitted electronically, the certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement (“DLSE”) of the DIR or shall contain the same information as the forms provided by the DLSE.

6. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency, the City, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address and social security number. The name and address of the Contractor awarded the Contract or performing the Contract shall not be marked or obliterated.

7. In the event of noncompliance with the requirements of this Article, the Contractor shall have ten (10) Days in which to comply subsequent to receipt of written notice specifying in what respects the Contractor must comply with this Article. Should noncompliance still be evident after such 10-day period, the Contractor shall pay a penalty of one hundred dollars ($100.00) to the City for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payment then due.

8. The responsibility for compliance with this Article shall rest upon the Contractor.

C. Prevailing Rates of Wages

1. The Contractor is aware of the requirements of Labor Code sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq. (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. Since this Project involves an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. The Contractor shall obtain a copy of the prevailing rates of per diem wages at the commencement of this Contract from the website of the Packet Page. 1890
4 TH STREET ALLEY REHABILITATION -46- 00 72 00 – GENERAL CONDITIONS Division of Labor Statistics and Research of the Department of Industrial Relations located at www.dir.ca.gov. In the alternative, the Contractor may view a copy of the prevailing rate of per diem wages which are on file at the City’s Administration Office and shall be made available to interested parties upon request. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to perform work on the Project available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the Project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or allege failure to comply with the Prevailing Wage Laws.

2. The Contractor shall forfeit as a penalty to the City not more than Two Hundred Dollars ($200.00), pursuant to Labor Code section 1775, for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate as determined by the Director of the DIR for such work or craft in which such worker is employed for any public work done under the Contract by it or by any Subcontractor under it. The difference between such prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof, for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by the Contractor.

3. Contractor shall post, at appropriate conspicuous points on the Project Site, a schedule showing all determined general prevailing wage rates and all authorized deductions, if any, from unpaid wages actually earned.

D. Public Works Contractor Registration

1. Pursuant to Labor Code sections 1725.5 and 1771.1, the Contractor and its Subcontractors must be registered with the DIR prior to the execution of a contract to perform public works. By entering into this Contract, Contractor represents that it is aware of the registration requirement and is currently registered with the DIR.

Contractor shall maintain a current registration for the duration of the Project.

Contractor shall further include the requirements of Labor Code sections 1725.5 and 1771.1 in any subcontract and ensure that all Subcontractors are registered at the time this Contract is entered into and maintain registration for the duration of the Project. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

E. Employment of Apprentices

1. Contractor and all Subcontractors shall comply with the requirements of Labor Code sections 1777.5 and 1777.6 in the employment of apprentices.

2. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.

Packet Page. 1891
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3. Knowing violations of Labor Code section 1777.5 will result in forfeiture not to exceed one hundred dollars ($100.00) for each calendar day of non-compliance pursuant to Labor Code section 1777.7.

F. Nondiscrimination/Equal Employment Opportunity

1. Pursuant to Labor Code section 1735 and other applicable provisions of law, the Contractor and its Subcontractors shall not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, or any other classifications protected by law on this Project. The Contractor will take affirmative action to insure that employees are treated during employment or training without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, or any other classifications protected by law.

G. Debarment of Contractors and Subcontractors

1. Contractors or Subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Labor Code section 1777.1 or 1777.7. Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid, or may have been paid to a debarred subcontractor by a contractor on the project shall be returned to the City. The Contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the Project.

5.20 Subcontracts.

A. Contractor agrees to bind every Subcontractor to the terms of the Contract Documents as far as such terms are applicable to Subcontractor’s portion of the Work. Contractor shall be as fully responsible to the City for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by its subcontractors, as Contractor is for acts and omissions of persons directly employed by Contractor. Nothing contained in these Contract Documents shall create any contractual relationship between any subcontractor and the City.

B. The City reserves the right to accept all subcontractors. The City’s acceptance of any Subcontractor under this Contract shall not in any way relieve Contractor of its obligations in the Contract Documents.

C. Prior to substituting any Subcontractor listed in the Bid Forms, Contractor must comply with the requirements of the Subletting and Subcontracting Fair Practices Act pursuant to California Public Contract Code section 4100 et seq.

Packet Page. 1892
4 TH STREET ALLEY REHABILITATION -48- 00 72 00 – GENERAL CONDITIONS

5.21 Progress Meetings
A. The Contractor shall schedule and hold regular progress meetings at least weekly and at other times as requested by Engineer or as required by progress of the Work.

The Contractor, City, and all Subcontractors active on the Site shall attend each meeting. Contractor may at its discretion request attendance by representatives of its Suppliers, manufacturers, and other Subcontractors. The City will preside at the progress meetings and will arrange for keeping and distributing the minutes. The purpose of the meetings is to review the progress of the Work, maintain coordination of efforts, discuss changes in scheduling, and resolve other problems which may develop. During each meeting, the Contractor shall present any issues which may impact its progress with a view to resolve these issues expeditiously.

5.22 Submittals
A. Schedule of Submittals. Within five (5) Days after the Notice to Proceed (unless otherwise specified in the Contract Documents), Contractor will prepare and deliver a Schedule of Submittals to the City that has been fully integrated with the progress schedule and identifies each Submittal required by the Contract Documents as well as the date on which Contractor will deliver each Submittal to the City. Each Submittal must be delivered to the City at least thirty (30) Days prior to the date the material or equipment is scheduled to be incorporated into the Work. The Contractor is responsible for any schedule delays resulting from the Submittal process.

B. Submittal Procedures.

1. Contractor will follow the following procedures for each Submittal, Shop Drawing and Sample required by the Contract Documents:
a. Submittals must be transmitted electronically.
b. Transmittals will be sequentially numbered. Contractor to mark revised Submittals with original number and sequential alphabetic suffix. c. Each Submittal will identify the Project, Contractor, Subcontractor and Supplier, pertinent Drawing and detail number, and Specification Section number appropriate to Submittal.
d. By transmitting a Submittal, Contractor certifies it has reviewed and approved each Submittal, verified products required, field dimensions, adjacent construction Work, and that coordination of information is according to requirements of the Work and Contract Documents.
e. Identify variations in Contract Documents and product or system limitations that may differ and/or be detrimental to successful performance of completed Work.
f. When Submittal is revised for resubmission, Contractor shall promptly address the City’s comments and resubmit. Contractor shall identify changes made since previous submission.

Packet Page. 1893
4 TH STREET ALLEY REHABILITATION -49- 00 72 00 – GENERAL CONDITIONS g. The City’s review of Shop Drawings shall not relieve Contractor from responsibility for deviations from the Contract Documents unless Contractor has, in writing, called the City’s attention to such deviations at time of submission and the City has taken no exception to the deviation. The City’s review of Shop Drawings shall not relieve Contractor from responsibility for errors in Shop Drawings.
h. Submittals not required by the Contract Documents or requested by the City will not be acknowledged or processed.
i. Incomplete Submittals will not be reviewed by the City. Delays resulting from incomplete Submittals are not the responsibility of the City. j. Contractor shall not be entitled to any extension of the Contract Times as a result of the Submittal process.
k. Contractor shall allow a minimum of 20 working days for review of Submittals unless otherwise specified in the Contract Documents.

2. Where a Submittal, Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to the City review and approval of the pertinent submittal will be performed at the sole risk and expense and responsibility of Contractor.

C. Schedule Milestone for Submittals. Contractor must submit all Submittals required by the Contract Documents in accordance with the Schedule of Submittals. If Contractor fails to submit the Submittals in accordance with the Schedule of Submittals, Contractor will be solely liable for any delays or impacts caused by the delayed Submittal, whether direct or indirect. Contractor will be liable for the time calculated from the date the Submittal is due until the date a compliant Submittal is made. A compliant Submittal will be one that is complete and satisfies the requirements of the Contract Documents.

5.23 Shop Drawings and Sample Submittal Procedures.

A. Before submitting each Shop Drawing or Sample, Contractor shall have:

1. Reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents;

2. Determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto;

3. Determined and verified the suitability of all materials offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and Packet Page. 1894
4 TH STREET ALLEY REHABILITATION -50- 00 72 00 – GENERAL CONDITIONS

4. Determined and verified all information relative to Contractor’s responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto.

B. With each Submittal, Contractor shall give the City specific written notice of any variations that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawings or Sample Submittal and, in addition, a specific notation made on each Shop Drawing or Sample submitted to the City for review and approval of each such variation.

C. Shop Drawings.

1. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show the City the services, materials, and equipment Contractor proposes to provide and to enable the City to review the information for assessing conformance with information given and design concept expressed in Contract Documents.

2. When required by individual Specification sections, provide Shop Drawings signed and sealed by a professional engineer responsible for designing components shown on Shop Drawings. Shop Drawings must include signed and sealed calculations to support design in a form suitable for submission to and approval by authorities having jurisdiction.

3. Shop Drawings for steel structures shall consist of shop details, erection and other working Drawings showing details, dimensions, sizes of members and other information necessary for the complete fabrication and erection of the metal work.

4. Shop Drawings of concrete structures shall consist of such detailed drawings as may reasonably be required for the successful prosecution of the Work and which are not included in the Drawings furnished by the Engineer. These may include drawings for false work, bracing, centering and form work, masonry layout diagrams, and diagrams for bent reinforcement.

5. Contractor shall make revisions and provide additional information when required by authorities having jurisdiction.

D. Samples. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as required to enable the City to review the submittal for assessing conformance with information given and design concept expressed in Contract Documents. Samples should be of appropriate size and detail to assess functional, aesthetic, color, texture, patterns and finish selection.

E. City’s Review.

1. The City will review Shop Drawings and Samples in accordance with the Schedule of Submittals. The City’s review and acceptance will be only to determine if the items covered by the Submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible Packet Page. 1895
4 TH STREET ALLEY REHABILITATION -51- 00 72 00 – GENERAL CONDITIONS with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents.

2. The City review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions.

3. The City’s review and acceptance shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless the City has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample.

F. Resubmittal Procedures. Contractor shall make corrections required by the City and shall return corrected Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by the City on previous Submittals.

5.24 Record (“As-Built”) Drawings.

A. The Contractor shall maintain one record set of Contract Documents at the Site or digitally in an acceptable format. On these, it shall mark all Project conditions, locations, configurations, and any other changes or deviations which may vary from the information represented in the original Contract Documents, including buried or concealed construction and utility features which are revealed during the course of construction. Special attention shall be given to recording the horizontal and vertical location of all buried utilities that differ from the locations indicated, or which were not indicated on the Drawings. For all Projects involving the installation of any pipeline, Contractor shall survey and record the top of the pipe at a minimum of every 100 linear feet, and at each bend, recording both the horizontal and vertical locations. Said Drawings shall be supplemented by any detailed sketches as necessary or directed to fully indicate the Work as actually constructed. Any required as-built drawings of civil engineering elements of the Work shall be prepared by a registered civil engineer.

B. These master Record Drawings of the as-built conditions, including all revisions made necessary by Addenda and Change Orders, shall be maintained up-to-date during the progress of the Project. Red ink shall be used for alterations and notes.

Notes shall identify relevant Change Orders by number and date. Record Drawings shall be accessible to the Engineer at all times during the construction period.

Failure on the Contractor’s part to keep Record Drawings current could result in withholding partial payment.

C. Upon completion of the Project and as a condition of final acceptance, the Contractor shall finalize and deliver a complete set of Record Drawings to the Engineers. The information submitted by the Contractor will be assumed to be correct, and the Contractor shall be responsible for, and liable to the City, for the accuracy of such information, and for any errors or omissions which may or may not appear on the Record Drawings.

Packet Page. 1896
4 TH STREET ALLEY REHABILITATION -52- 00 72 00 – GENERAL CONDITIONS D. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to complete the Record Drawings shall be included in Contractor’s bid and distributed in the Bid Schedule. No additional compensation shall be made to the Contractor for this Work.

5.25 Layout and Field Engineering.

A. The Contractor shall utilize a properly licensed surveyor to perform all layout surveys required for the control and completion of the Work, and all necessary surveys to compute quantities of Work performed.

5.26 Separate Contracts and Cooperation.

A. Separate Contracts. The City reserves the right to let other contracts in connection with this Work or on the Project site. Contractor shall permit other contractors reasonable access and storage of their materials and execution of their work and shall properly connect and coordinate its Work with theirs. To ensure proper execution of its subsequent Work, Contractor shall immediately inspect work already in place and shall at once report to the Engineer any problems with the Work in place or discrepancies with the Contract Documents.

B. Cooperation. Contractor shall ascertain to its own satisfaction the scope of the Project and nature of any other contracts that have been or may be awarded by the City in prosecution of the Project to the end that Contractor may perform this Contract in the light of such other contracts, if any. Nothing herein contained shall be interpreted as granting to Contractor exclusive occupancy at site of the Project.

Contractor shall not cause any unnecessary hindrance or delay to any other contractor working on the Project. If simultaneous execution of any contract for the Project is likely to cause interference with performance of some other contract or contracts, the Engineer shall decide which Contractor shall cease Work temporarily and which contractor shall continue or whether work can be coordinated so that contractors may proceed simultaneously. The City shall not be responsible for any damages suffered or for extra costs incurred by Contractor resulting directly or indirectly from award, performance, or attempted performance of any other contract or contracts on the Project Site.

5.27 Work Site.

A. Limitation of Use of Site and Other Areas. Rights-of-way, easements, or rights-ofentry for the Work will be provided by the City. Unless otherwise specified in the Special Provisions, the Contractor shall make arrangements, pay for, and assume all responsibility for acquiring, using, and disposing of additional work areas and facilities temporarily required. The Contractor shall indemnify and hold the City harmless from all claims for damages caused by such actions. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Applicable Laws, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to City or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work.

Packet Page. 1897
4 TH STREET ALLEY REHABILITATION -53- 00 72 00 – GENERAL CONDITIONS B. Site Maintenance. During the progress of the Work, Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to Applicable Laws. The Contractor shall furnish trash bins for all debris from construction. All debris shall be placed in trash bins daily. Forms and false-work that are to be re-used shall be stacked neatly concurrently with their removal. Forms and false-work that are not to be re-used shall be disposed of concurrently with their removal.

C. Cleaning. Prior to Completion of the Work, Contractor shall clean the Site and make it ready for utilization by the City. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents.

5.28 Utility Usage.

A. All temporary utilities, including but not limited to electricity, water, gas, and telephone, used on the Work shall be furnished and paid for by Contractor.

Contractor shall provide necessary temporary distribution systems, including meters, if necessary, from distribution points to points on the Work where the utility is needed. Upon completion of the Work, Contractor shall remove all temporary distribution systems. Contractor shall provide necessary and adequate utilities and pay all costs for water, electricity, gas, oil, and sewer charges required for completion of the Work, including but not limited to startup and testing required in the Contract Documents. All permanent meters installed shall be listed in the Contractor’s name until the Work is accepted. For Work to be performed in existing City facilities, Contractor may use the City’s existing utilities, provided such use is reasonable under the circumstances. If Contractor uses the City utilities, it will not need to compensate the City for reasonably consumption of utilities, but Contractor will be responsible for any excessive, unreasonable or wasteful utility usage. Amounts due the City under this section may be deducted from progress payments.

5.29 Protection of Work and Property.

A. The Contractor shall digitally record video and take photographs of the Project site and adjacent improvements in a manner and quality that clearly depicts the existing condition of the Project Site and adjacent improvements immediately prior to the start of Work (minimum 1080p video and 4MP photo). All videos and photographs shall be date and time stamped. The Contractor shall submit the video and photos in digital format on a memory stick before the commencement of Work, along with a map outlining the route and locations of the videos and/or photographs. The Contractor shall be responsible for all damages to persons or property that occur as a result of the Work. Contractor shall be responsible for the proper care and protection of all materials delivered and Work performed until completion and final acceptance by the City. All Work shall be solely at the Contractor’s risk.

B. Contractor shall adequately protect adjacent property from settlement or loss of lateral support as necessary. Contractor shall comply with all applicable safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the Project site where Work is being performed. Contractor shall erect and Packet Page. 1898
4 TH STREET ALLEY REHABILITATION -54- 00 72 00 – GENERAL CONDITIONS properly maintain at all times, as required by field conditions and progress of work, all necessary safeguards, signs, barriers, lights, and watchmen for protection of workers and the public, and shall post danger signs warning against hazards created in the course of construction.

C. Contractor shall provide such heat, covering, and enclosures as are necessary to protect all Work, materials, equipment, appliances, and tools against damage by weather conditions.

D. Contractor shall take adequate precautions to protect existing sidewalks, curbs, pavements, utilities, and other adjoining property and structures, and to avoid damage thereto, and Contractor shall repair any damage thereto caused by the Work operations. Contractor shall:

1. Enclose the working area with a substantial barricade, and arrange work to cause minimum amount of inconvenience and danger to the public.

2. Provide substantial barricades around any shrubs or trees indicated to be preserved.

3. Deliver materials to the Site over a route designated by the City.

4. Provide any and all dust control required and follow the applicable air quality regulations as appropriate. If the Contractor does not comply immediately with a notice from the City or a public agency responsible for air quality, the City shall have the authority to provide dust control and deduct the cost from payments to the Contractor.

5. Confine Contractor’s apparatus, the storage of materials, and the operations of its workers to limits required by law, ordinances, permits, or directions of the City.

Contractor shall not unreasonably encumber the Site with its materials.

6. Take care to prevent disturbing or covering any survey markers, monuments, or other devices marking property boundaries or corners. If such markers are disturbed by accident, they shall be replaced by a civil engineer or land surveyor acceptable to the City, at no cost to the City.

7. Ensure that existing facilities, fences and other structures are all adequately protected and that, upon completion of all Work, all facilities that may have been damaged are restored to a condition acceptable to the City.

8. Preserve and protect from injury all buildings, pole lines and all directional, warning and mileage signs that have been placed within the right-of-way.

9. At the completion of work each day, leave the Work and the Site in a clean, safe condition.

10. Comply with any stage construction and/or traffic handling plans. Access to residences and businesses shall be maintained at all times, except with the City’s written approval. Any request for approval to reduce or restrict access to Packet Page. 1899
4 TH STREET ALLEY REHABILITATION -55- 00 72 00 – GENERAL CONDITIONS residences and business must be submitted to the City at least seven (7) Days in advance, and the City may issue or withhold approval in its sole discretion.

E. These precautionary measures will apply continuously and not be limited to normal working hours. Full compensation for the work involved in the protection and preservation of life, safety and property as above specified shall be considered as included in the prices paid for the various contract items of Work, and no additional allowance will be made therefor.

F. Should damage to persons or property occur as a result of the Work, Contractor shall promptly notify the City, in writing. Contractor shall be responsible for proper investigation, documentation, including video or photography, to adequately memorialize and make a record of what transpired. The City shall be entitled to inspect and copy any such documentation, video, or photographs.

G. Contractor shall maintain all investigation documentation including video and/or photographs for a minimum of four (4) years following completion of the Project.

5.30 Emergencies.

A. In emergencies affecting the safety or protection of persons or the Work or Property at the Site or adjacent thereto, the Contractor, without special instruction or authorization from the City or the Engineer, is obligated to act to prevent threatened damage, injury or loss. The Contractor shall give the Engineer prompt written notice if the Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby.

ARTICLE 6 -MATERIALS; INSPECTION

6.1 Access to Work.

A. The City, Engineer, their consultants and other representatives and personnel, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor’s safety procedures and programs.

6.2 Materials.

A. Except as otherwise specifically stated in the Contract Documents, Contractor shall provide and pay for all materials, labor, tools, equipment, water, lights, power, transportation, superintendence, temporary constructions of every nature, and all other services and facilities whatsoever necessary to execute and complete this Contract within the Contract Time. Unless otherwise specified, all materials, parts, and equipment furnished by the Contractor in the Work shall be new, the best of their respective kinds and grades as noted and/or specified, and workmanship shall be of good quality.

B. No materials, supplies, or equipment for Work under this Contract shall be purchased subject to any chattel mortgage or under a conditional sale or other Packet Page. 1900
4 TH STREET ALLEY REHABILITATION -56- 00 72 00 – GENERAL CONDITIONS agreement by which an interest therein or in any part thereof is retained by the seller or supplier. Contractor warrants good title to all material, supplies, and equipment installed or incorporated in the Work and agrees upon completion of all work to deliver the Project, to the City free from any claims, liens, or charges.

C. Materials shall be furnished in ample quantities and at such times as to ensure uninterrupted progress of the Work and shall be stored properly and protected as required by the Contract Documents. Contractor shall be entirely responsible for damage or loss by weather or other causes to materials or Work. Materials shall be stored on the Project Site in such manner so as not to interfere with any operations of the City or any independent contractor.

D. Contractor shall verify all measurements, dimensions, elevations, and quantities before ordering any materials or performing any Work, and the City shall not be liable for Contractor’s failure to so. Except for an adjustment to Unit Price Work for item overruns and underruns in accordance with the Contract Documents, no additional compensation, over and above payment for the actual quantities at the prices set out in the Bid Schedule, will be allowed because of differences between actual measurements, dimension, elevations and quantities and those indicated on the Plans and in the Specifications. Any difference therein shall be submitted to the Engineer for consideration before proceeding with the Work.

6.3 Test and Inspections.

A. Inspection and Testing of Work and Materials

1. If the Contract Documents, the Engineer, or any instructions, laws, ordinances, or public authority requires any part of the Work to be tested or approved, Contractor shall provide the Engineer at least two (2) working days’ notice of its readiness for observation or inspection. If inspection is by a public authority other than the City, Contractor shall promptly inform the City of the date fixed for such inspection.

Required certificates of inspection (or similar) shall be secured by Contractor.

Costs for City testing and inspection shall be paid by the City. Costs of tests for Work found not to be in compliance shall be paid by the Contractor.

2. The Contractor shall pay for the cost of any minimum “show up” costs of a materials testing technician that was called for by the Contractor but ultimately the Contractor work was not ready for the inspection. Any such costs shall be deducted from any amounts due to the Contractor.

3. If any Work is done or covered up without the required testing or approval, the Contractor shall uncover or deconstruct the Work, and the Work shall be redone after completion of the testing at the Contractor’s cost in compliance with the Contract Documents.

4. Where inspection and testing are to be conducted by an independent laboratory or agency, materials or samples of materials to be inspected or tested shall be selected by such laboratory or agency, or by the City, and not by Contractor.

Unless otherwise stated and as provided by the Contract Documents, the City shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents. All tests Packet Page. 1901
4 TH STREET ALLEY REHABILITATION -57- 00 72 00 – GENERAL CONDITIONS or inspections of materials shall be made in accordance with the commonly recognized standards of national organizations.

5. Reexamination of Work may be ordered by the City. If so ordered, Work must be uncovered or deconstructed by Contractor. If Work is found to be in accordance with the Contract Documents, the City shall pay the costs of reexamination and reconstruction. If such work is found not to be in accordance with the Contract Documents, Contractor shall pay all costs.

B. Testing of Materials

1. In advance of manufacture of materials to be supplied by Contractor which must be tested or inspected, Contractor shall notify the City so that the City may arrange for testing at the source of supply. Any materials which have not satisfactorily passed such testing and inspection shall not be incorporated into the Work.

2. If the manufacture of materials to be inspected or tested will occur in a plant or location greater than sixty (60) miles from the City, the Contractor shall pay for any excessive or unusual costs associated with such testing or inspection, including but not limited to excessive travel time, standby time and required lodging.

3. Unless otherwise specified in the Special Provisions, all initial testing and a reasonable amount of retesting will be performed under the direction of the Engineer, and at no expense to the Contractor. The Contractor shall notify the Engineer in writing, at least 15 days in advance, of its intention to use materials for which tests are specified, to allow sufficient time to perform the tests. The notice shall name the proposed supplier and source of material. If the notice of intent to use is sent before the materials are available for testing or inspection, or is sent so far in advance that the materials on hand at the time will not last but will be replaced by a new lot prior to use on the Work, it will be the Contractor's responsibility to renotify the Engineer when samples which are representative may be obtained.

4. A Certificate of Compliance shall be furnished to the Engineer prior to the use of any material or assembled material for which these Specifications so require or if so required by the Engineer. The Engineer may waive the materials testing requirements and accept a Certificate of Compliance. Material test data may be required by the Engineer to be included with the submittal. Materials used on the basis of a Certificate of Compliance may be sampled and tested at any time. The submission of a Certificate of Compliance shall not relieve the Contractor of responsibility for incorporating material into the Work which conforms to the requirements of the Contract Documents, and any material not conforming to the requirements will be subject to rejection by the Engineer whether in place or not.

5. Copies of mill certificates of composition and quality of all component materials (reinforcing steel, structural steel, lumber, etc.) incorporated in the construction of the Work shall be provided to the City at the time of delivery. City shall retain the right to reject any raw material not provided with a mill certificate at the time of delivery.

6. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from Packet Page. 1902
4 TH STREET ALLEY REHABILITATION -58- 00 72 00 – GENERAL CONDITIONS any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after improper storage, handling or for any other reason it shall be rejected, not incorporated into the Work, and shall be removed from the Project Site all at the Contractor’s expense.

6.4 Requests for Substitutions.

A. For the purposes of this provision, the term “substitution” shall mean the substitution of any material, method or service substantially equal to or better in every respect to that indicated in the Standard Specifications or otherwise referenced herein.

B. Pursuant to Public Contract Code section 3400(b), the City may make a finding that is described in the Notice Inviting Bids that designates certain products, things, or services by specific brand or trade name.

C. Unless specifically designated in the Special Conditions, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such specifications shall be deemed to be used for the purpose of facilitating the description of the material, process, or article desired and shall be deemed to be followed by the words “or equal.” Contractor may, unless otherwise stated, offer for substitution any material, process, or article which may be substantially equal to or better in every respect to that so indicated or specified in the Contract Documents. However, the City has adopted uniform standards for certain materials, processes, and articles.

D. The Contractor shall submit substitution requests, together with substantiating data, for substitution of any “or equal” material, process, or article no later than thirty-five (35) calendar days after award of Contract. Provisions regarding submission of substitution requests shall not in any way authorize an extension of time for the performance of this Contract. If a substitution request is rejected by the City, the Contractor shall provide the material, method or service specified herein. The City shall not be responsible for any costs incurred by the Contractor associated with substitution requests. The burden of proof as to the equality of any material, process, or article shall rest with the Contractor. The Engineer has the complete and sole discretion to determine if a material, process, or article is substantially equal to or better than that specified and to approve or reject all substitution requests.

E. Substantiating data as described above shall include, at a minimum, the following information:

1. A signed affidavit from the Contractor stating that the material, process, or article proposed as a substitution is substantially equal to or better than that specified in every way except as may be listed on the affidavit.

2. Illustrations, specifications, catalog cut sheets, and any other relevant data required to prove that the material, process, or article is substantially equal to or better than that specified.

Packet Page. 1903
4 TH STREET ALLEY REHABILITATION -59- 00 72 00 – GENERAL CONDITIONS

3. A statement of the cost implications of the substitution being requested, indicating whether and why the proposed substitution will reduce or increase the amount of the contract.

4. Information detailing the durability and lifecycle costs of the proposed substitution.

F. Failure to submit all the required substantiating data detailed above in a timely manner so that the substitution request can be adequately reviewed may result in rejection of the substitution request. The Engineer is not obligated to review multiple submittals related the same substitution request resulting from the Contractor’s failure to initially submit a complete package.

G. Time limitations within this Article shall be strictly complied with and in no case will an extension of time for completion of the contract be granted because of Contractor’s failure to provide substitution requests at the time and in the manner described herein.

H. The Contractor shall bear the costs of all the City work associated with the review of substitution requests.

I. If substitution requests approved by the Engineer require that Contractor furnish materials, methods or services more expensive than that specified, the increased costs shall be borne by Contractor.

ARTICLE 7 -SUBSURFACE AND PHYSICAL CONDITIONS; UTILITIES

7.1 Soils Investigations.

A. When a soils investigation report for the Site is available, such report is provided for informational purposes only. Any information obtained from such report as to subsurface soil condition, or to elevations of existing grades or elevations of underlying rock, is approximate only and is not guaranteed. Contractor acknowledges that any soils investigation report (including any borings) was prepared for purposes of design only and Contractor is required to examine the Site before submitting its Bid and must make whatever tests it deems appropriate to determine the condition of the soil.

7.2 Ownership of Site Materials Found.

A. The title to water, soil, rock, gravel, sand, minerals, timber and any other materials developed or obtained in the excavation or other operations of Contractor or any of its Subcontractors in the performance of the Contract, and the right to use said items in carrying out the Contract, or to dispose of same, is hereby expressly reserved by the City. Neither Contractor nor any of its Subcontractors nor any of their representatives or employees shall have any right, title, or interest in said materials, nor shall they assert or make any claim thereto. Contractor will, as determined by the City’s Representative, be permitted to use in the Work without charge, any such materials which meet the requirements of the Contract Documents, provided the City shall have the right to use or consume these materials without payment to a third party.

Packet Page. 1904
4 TH STREET ALLEY REHABILITATION -60- 00 72 00 – GENERAL CONDITIONS

7.3 Existence of Utilities at the Work Site.

A. Existing Utilities

1. The location of known existing utilities and pipelines are shown on the Plans in their approximate locations. However, nothing herein shall be deemed to require the City to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the site of the project can be inferred from the presence of other visible facilities, such as buildings, cleanouts, meter and junction boxes, on or adjacent to the Site of the Project.

2. The City will assume the responsibility for the timely removal, relocation, or protection of existing main or trunk line utility facilities located on the Project site if such utilities are not identified by the City in the Contract Documents or which cannot reasonably be inferred from the presence of other visible facilities.

B. Utility Location

1. It shall be the Contractor’s responsibility to determine the exact location and depth of all utilities, including service connections, which have been marked by the respective utility owners and which the Contractor believes may affect or be affected by the Contractor’s operations. The Contractor shall not be entitled to additional compensation nor time extensions for work necessary to avoid interferences nor for repair to damaged utilities if the Contractor does not expose all such existing utilities as required by this Article.

2. The locating of utilities shall be in conformance with Government Code Section 4216 et seq. except for the City’s utilities located on the City’s property and not on public right-of-way.

3. A “High Priority Subsurface Installation” is defined in Government Code Section 4216 (j) as “high-pressure natural gas pipelines with normal operating pressures greater than 415kPA gauge (60psig) or greater than six inches nominal pipe diameter, petroleum pipelines, pressurized sewage pipelines, high-voltage electric supply lines, conductors, or cables that have a potential to ground of greater than or equal to 60kv, or hazardous materials pipelines that are potentially hazardous to workers or the public if damaged.”

4. A “Subsurface Installation” is defined in Government Code Section 4216 (s) as “any underground pipeline, conduit, duct, wire, or other structure, except nonpressurized sewer lines, nonpressurized storm drains, or other nonpressurized drain lines.”

5. Pursuant to Government Code Section 4216.2 the Contractor shall contact the appropriate regional notification center at least two (2) working days but not more than 14 Days before performing any excavation. The date of the notification shall not count as part of the two-working-day notice. Before notifying the appropriate regional notification center, the Contractor shall delineate the area to be excavated. The Contractor shall request that the utility owners conduct a utility survey and mark or otherwise indicate the location of their service. The Contractor Packet Page. 1905
4 TH STREET ALLEY REHABILITATION -61- 00 72 00 – GENERAL CONDITIONS shall furnish to the Engineer written documentation of its contact(s) with the regional notification center prior to commencing excavation at such locations.

6. After the utility survey is completed, the Contractor shall commence “potholing” or hand digging to determine the actual location of the pipe, duct, or conduit and in accordance with Government Code Section 4216.4 if the excavation within the “tolerance zone” of a subsurface installation. The Engineer shall be given notice prior to commencing potholing operations. The Contractor shall uncover all piping and conduits, to a point one (1) foot below the pipe, where crossings, interferences, or connections are shown on the Drawings, prior to trenching or excavating for any pipe or structures, to determine actual elevations. New pipelines shall be laid to such grade as to clear all existing facilities, which are to remain in service for any period subsequent to the construction of the run of pipe involved.

7. The Contractor's attention is directed to the requirements of Government Code Section 4216.2 (c) which provides: “When the excavation is proposed within 10 feet of a high priority subsurface installation, the operator of the high priority subsurface installation shall notify the excavator of the existence of the high priority subsurface installation to set up an onsite meeting prior to the legal excavation start date and time or at a mutually agreed upon time to determine actions or activities required to verify the location and prevent damage to the high priority subsurface installation. As part of the meeting, the excavator shall discuss with the operator the method and tools that will be used during the excavation and the information the operator will provide to assist in verifying the location of the subsurface installation. The excavator shall not begin excavating until after the completion of the onsite meeting.” The Contractor shall notify the Engineer in advance of this meeting.

C. Utility Relocation and Repair

1. If interferences occur at locations other than those indicated in the Contract Documents with reasonable accuracy, the Contractor shall notify the Engineer in writing. The Engineer will supply a method for correcting said interferences in accordance with the responsibilities of this section and Government Code Section 4215. To the extent any delay is caused thereby, Contractor shall submit a notice of delay within five (5) Days of discovery of the circumstances giving rise to the delay in accordance with Article 9.1 Change Orders and Time Extensions.

2. Care shall be exercised by the Contractor to prevent damage to adjacent existing facilities and public or private works; where equipment will pass over these obstructions, suitable planking shall be placed. If high priority subsurface installations are damaged and the operator cannot be contacted, the Contractor shall call 911 emergency services.

3. The City will compensate the Contractor for the costs of locating and repairing damage not due to the failure of the Contractor to exercise reasonable care, and for removing or relocating such main or trunk line utility facilities not indicated in the Contract Documents with reasonable accuracy, and for the cost of equipment on the Project necessarily idled during such work. The payment for such costs will be made as provided in Article 9.1 Change Orders and Time Extensions. The Contractor shall not be assessed liquidated damages for delay in completion of the Packet Page. 1906
4 TH STREET ALLEY REHABILITATION -62- 00 72 00 – GENERAL CONDITIONS Project, when such delay is caused by the failure of the City or utility company to provide for removal or relocation of such utility facilities. Requests for extensions of time arising out of utility relocation or repair delays shall be filed in accordance with Article 9.1 Change Orders and Time Extensions and Article 9.3 Time for Completion and Liquidated Damages.

4. The public utility, where it is the owner of the affected utility, shall have the sole discretion to perform repairs or relocation work or permit the Contractor to do such repairs or relocation work at a reasonable price. The right is reserved to the City and the owners of utilities or their authorized agents to enter upon the Work area for the purpose of making such changes as are necessary for the rearrangement of their facilities or for making necessary connections or repairs to their properties.

The Contractor shall cooperate with forces engaged in such work and shall conduct its operations in such a manner as to avoid any unnecessary delay or hindrance to the work being performed by such forces and shall allow the respective utilities time to relocate their facility.

5. When the Contract Documents indicate that a utility is to be relocated, altered or constructed by others, the City will conduct all negotiations with the utility company and the work will be done at no cost to the Contractor, unless otherwise stipulated in the Contract Documents.

6. Temporary or permanent relocation or alteration of utilities desired by the Contractor for its own convenience shall be the Contractor’s responsibility and it shall make arrangements and bear all costs for such work.

D. Construction at Existing Utilities

1. Where the Work to be performed crosses or otherwise interferes with water, sewer, gas, or oil pipelines; buried cable; or other public or private utilities, the Contractor shall perform construction in such a manner so that no damage will result to either public or private utilities. It shall be the responsibility of the Contractor to determine the actual locations of, and make accommodates to maintain, all utilities.

2. Before any utility is taken out of service, permission shall be obtained by the Contractor from the owner. The owner, any impacted resident or business owner and the City Representative will be advised of the nature and duration of the utility outage as well as the Contractor’s plan for providing temporary utilities if required by the owner. The Contractor shall be liable for all damage which may result from its failure to maintain utilities during the progress of the Work, and the Contractor shall indemnify City as required by the Contract Documents from all claims arising out of or connected with damage to utilities encountered during construction; damages resulting from disruption of service; and injury to persons or damage to property resulting from the negligent, accidental, or intentional breaching of utilities.

3. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to complete this work, shall be included in Contractor’s bid and distributed in the schedule of pay Items. No additional compensation shall be made to the Contractor for this work.

Packet Page. 1907
4 TH STREET ALLEY REHABILITATION -63- 00 72 00 – GENERAL CONDITIONS

7.4 Trenches
A. Trenches Five Feet or More in Depth.

1. Contractor shall submit to the Engineer at the preconstruction meeting, a detailed plan showing the design of shoring, bracing, sloping or other provisions to be made for worker protection from hazards of caving ground during the excavation of any trench or trenches five feet or more in depth. If such plan varies from shoring system standards established by the Construction Safety Orders of the California Code of Regulations, Department of Industrial Relations, the plan shall be prepared by a California registered civil or structural engineer. The plan shall not be less effective than the shoring, bracing, sloping, or other provisions of the Construction Safety Orders, as defined in the California Code of Regulations. The Contractor shall designate in writing the “competent person” as defined in Title 8, California Code of Regulations, who shall be present at the Work Site each day that trenching/excavation is in progress. The “competent person” shall prepare and provide daily trenching/excavation inspection reports to the Engineer.

Contractor shall also submit a copy of its annual California Occupational Safety and Health Administration (Cal/OSHA) trench/excavation permit.

B. Excavations Deeper than Four Feet.

1. If the Work involves excavating trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly within three (3) Days, and before the excavation is further disturbed, notify the City in writing of any of the following conditions:
a. Material that the Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.
b. Subsurface or latent physical conditions at the site differing from those indicated.
c. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract.

2. The City shall promptly investigate the conditions, and if it finds that the conditions do so materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the Work, shall issue a Change Order under the procedures described in Article

9.1 Change Orders and Time Extensions.

3. In the event that a dispute arises between the City and the Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s cost of, or time required for, performance of any part of the Work, the Contractor shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all Work to be performed under the Contract. Contractor shall retain any and all rights provided Packet Page. 1908
4 TH STREET ALLEY REHABILITATION -64- 00 72 00 – GENERAL CONDITIONS either by contract or by law which pertain to the resolution of disputes and protests between the parties.

ARTICLE 8 -PROSECUTION OF THE WORK

8.1 Contractor’s Means and Methods.

A. Contractor is solely responsible for the means and methods utilized to perform the Work. In no case shall the Contractor’s means and methods deviate from commonly used industry standards.

8.2 Construction Schedule.

A. General Requirements. The schedule shall be prepared in a Critical Path Method (“CPM”) format and in an electronic scheduling program acceptable to the City and as specified in the Contract Documents. Contractor shall deliver the schedule and all updates to the City in both paper and electronic form. The electronic versions shall be in the format and include all data used to prepare the schedule. Copies are not acceptable.

B. Schedule. The receipt or approval of any schedules by the City shall not in any way relieve the Contractor of its obligations under the Contract Documents. The Contractor is fully responsible to determine and provide for any and all staffing and resources at levels which allow for good quality and timely completion of the Project.

Contractor’s failure to incorporate all elements of Work required for the performance of the Contract or any inaccuracy in the schedule shall not excuse the Contractor from performing all Work required for a completed Project within the specified Contract Time. If the required schedule is not received by the time the first payment under the Contract is due, Contractor shall not be paid until the schedule is received, reviewed and accepted by the City.

C. Schedule Contents. The schedule shall allow enough time for inclement weather.

The schedule shall indicate the beginning and completion dates of all phases of construction; critical path for all critical, sequential time related activities; and “float time” for all “slack” or “gaps” in the non-critical activities. The schedule shall include appropriate time allowances and constraints for submittals, items of interface with Work performed by others, and specified construction, start-up and performance tests. All float shall be owned by the Project. Schedules indicating early or late completion shall not modify or have any effect on the Contract Time, regardless of whether the schedules are reviewed and/or accepted by the City. For purposes of determining Liquidated Damages, the Contract Time shall control and may only be altered by a duly authorized Change Order.

D. Schedule Updates. Contractor shall continuously update its construction schedule.

Contractor shall submit an updated and accurate construction schedule to the City:
(1) prior to the start of construction, if there are any changes to the initial schedule; (2) with each progress payment request; and (3) whenever requested to do so by the City. The City may withhold progress payments or other amounts due under the Contract Documents if Contractor fails to submit an updated and accurate construction schedule. Upon the City’s request, Contractor shall submit any schedules or updates to the City in the native electronic format of the software used Packet Page. 1909
4 TH STREET ALLEY REHABILITATION -65- 00 72 00 – GENERAL CONDITIONS to create the schedule. Contractor shall also submit schedules showing a two-week detailed look-ahead at weekly meetings conducted with the City. The two-week lookahead schedule shall clearly identify all staffing and other resources which in the Contractor’s judgment are needed to complete the Work within the Contract Time, and it shall clearly state the number of staff to be used on each daily segment of the Work.

E. Acceptance. Acceptance of the schedules by the City will not impose on responsibility for accuracy, for sequencing, scheduling, or progress of the Work, or compliance with the Contract Documents. Acceptance will not interfere with or relieve Contractor from Contractor’s full responsibility therefor.

F. Recovery Schedule.

1. Should any of the following conditions exist, City may require Contractor to prepare, at no extra cost to City, a plan of action and a recovery schedule for completing the Work and achieving all contractual milestones within the allotted Contract Time:
a. The Contractor's monthly progress report indicates delays that are, in the opinion of City, of sufficient magnitude that City questions the Contractor's ability to complete the Work;
b. The schedule shows the Contractor to be thirty (30) or more days behind the critical path at any time during construction;
c. The Contractor desires to make changes in the logic or the planned duration of future activities of the schedule which, in the opinion of City, are major in nature.

2. The recovery schedule shall include proposed revisions to the Construction Schedule, demonstrating how Contractor intends to achieve all contractual milestones including Contract completion within the allotted Contract Time. The submittal shall include a narrative describing the actions planned by the Contractor to recover the schedule.

3. Contractor shall submit the Recovery Schedule within seven (7) Days of City’s request. If Contractor asserts that City is responsible for the delay, failure to submit the recovery schedule within seven (7) Days of City’s request, will be considered a concurrent delay event attributable to Contractor, and Contractor shall only be entitled to non-compensable adjustments to Contract Times. If Contractor is responsible for the delay, this provision will not limit or affect Contractor's liability and failure to submit the recovery schedule with seven (7) Days of City’s request may result in City withholding progress payments or other amounts due under the Contract Documents.

4. Contractor is responsible for all costs associated with the preparation and execution of the recovery schedule, including any necessary recovery actions, which may include, but are not limited to, assignment of additional labor, and/or equipment, shift or overtime work, expediting of submittals or deliveries, overlapping of activities or sequencing changes to increase activity concurrence.

Packet Page. 1910
4 TH STREET ALLEY REHABILITATION -66- 00 72 00 – GENERAL CONDITIONS Regardless of whether City directs Contractor to prepare a recovery schedule pursuant to this Section, Contractor shall promptly undertake appropriate action at no additional cost to City to recover the schedule whenever the current construction schedule shows that the Contractor will not achieve a milestone and/or complete the Work within the allotted Contract Time.

8.3 Time for Completion and Liquidated Damages
A. Time for Completion. The time for completion set forth in Article 2 of the Contract for Construction shall commence: (1) on the date stated in the Notice to Proceed, or (2) if the Notice to Proceed does not specify a commencement date, then on the date of the Notice to Proceed and shall be completed by Contractor in the time specified in the Contract Documents. The City is under no obligation to consider early completion of the Project; and the Contract completion date shall not be amended by the City’s receipt or acceptance of the Contractor’s proposed earlier completion date. Any difference in time between the Contractor’s early completion and the Contract Time shall be considered a part of the Project float. Contractor shall not be entitled to compensation, and the City will not compensate Contractor, for delays which impact early completion. Contractor shall not, under any circumstances, receive additional compensation from the City (including but not limited to indirect, general, administrative or other forms of overhead costs) for the period between the time of earlier completion proposed by the Contractor and the Contract completion date.

B. Liquidated Damages. If the Work is not completed within the Contract Time(s), it is understood that the City will suffer damage. In accordance with Government Code section 53069.85 and Public Contract Code section 7102, being impractical and infeasible to determine the amount of actual damage, it is agreed that Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum stipulated in the Contract for each calendar day of delay until the Work is fully completed. Contractor and its surety shall be liable for any liquidated damages. Any money due or to become due the Contractor may be retained to cover liquidated damages.

C. Inclement Weather. Contractor shall abide by the Engineer’s determination of what constitutes inclement weather. Time extensions for inclement weather shall only be granted when the Work stopped during inclement weather is on the critical path of the Project schedule. Contractor shall not be entitled to reverse liquidated damages for time extensions resulting from inclement weather.

D. Extension of Time. Contractor’s entitlement to an extension of the Contract Time is limited to a City-caused extension of the critical path, reduced by the Contractor’s concurrent delays, and established by a proper time impact analysis. Contractor shall not be charged liquidated damages because of any delays in completion of the Work due to unforeseeable causes beyond the control and without the fault or negligence of Contractor (or its Subcontractors or Suppliers). The City shall ascertain the facts and extent of delay and grant extension of time for completing the Work when, in its judgment, the facts justify such an extension. Contractor shall not be entitled to an adjustment in the Contract Times for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor.

Packet Page. 1911
4 TH STREET ALLEY REHABILITATION -67- 00 72 00 – GENERAL CONDITIONS E. Reverse Liquidated Damages. Consistent with Public Contract Code Section 7102, Contractor will be compensated for damages incurred due to unreasonable delays to the critical path for which the City is responsible. The parties agree that determining Contractor’s exact delay damages are and will continue to be impracticable and extremely difficult. As such, for each calendar day in excess of the time for completion set forth in Article 2 of the Contract for Construction, the City shall pay to the Contractor the sum stipulated in the Contract per day. Such amount shall constitute the only payment allowed for any City-caused delays and shall necessarily include all overhead, all profits, all administrative costs, all bond costs, all labor, materials, equipment and rental costs and any other costs, expenses and fees incurred or sustained as a result of such delays. Contractor shall not be entitled to reverse liquidated damages for any change in the Work in which Contractor is compensated for overhead and profit through a change in Unit Price Work or a Change Order resulting in a lump sum or allowed mark-up for the additional Work.

The amount of reverse liquidated damages shall be reduced by Contractor’s concurrent delays.

F. Force Majeure. In accordance with subparagraphs “D” and “E” above, the Contractor shall not be charged liquidated damages, and the City shall not be responsible, for any delays resulting from a Force Majeure Event. If a delay to the critical path results from a Force Majeure Event, the Contractor will be entitled to a time extension but will not receive an adjustment to the Contract Price or any other compensation. Such a non-compensable adjustment shall be Contractor’s sole and exclusive remedy for such delays.

G. No Damages for Reasonable Delay. The City’s liability to Contractor for delays for which the City is responsible shall be limited to only an extension of time unless such delays were unreasonable under the circumstances. In no case shall the City be liable for any costs which are borne by the Contractor in the regular course of business, including, but not limited to, home office overhead and other ongoing costs. Damages caused by unreasonable City delay shall be based on actual costs only, no proportions or formulas shall be used to calculate any delay damages.

H. Procedure for Time Extensions and Delay Damages. Contractor shall not be entitled to any extension of time or any reverse liquidated damages unless Contractor properly notices the delay and adjustment to compensation and requests a Change Order in accordance with Article 9.1 Change Orders and Time Extensions.

Contractor’s failure to timely and fully comply with the Change Order procedures in the Contract Documents shall constitute a waiver of Contractor’s right to a time extension or reverse liquidated damages.

8.4 Contractor’s Responsibility for Work.

A. Until the acceptance of the Work by the Engineer as evidenced in writing, it shall be under the charge and care of the Contractor. The Contractor shall take every necessary precaution against injury or damage to any part thereof by the action of the elements or from any cause whether arising from the execution or non-execution of the Work. The Contractor shall rebuild, repair, restore and make good at its own expense all injuries or damages to any portion of the Work before its completion and acceptance. In the event of damage proximately caused by an Act of God, as Packet Page. 1912
4 TH STREET ALLEY REHABILITATION -68- 00 72 00 – GENERAL CONDITIONS defined by Section 7105 of the Public Contract Code, the City will pay for repair or restoration to damaged Work in excess of 5% of the total Bid.

8.5 Occupancy.

A. The City reserves the right to occupy or utilize any portion of the Work at any time before completion, and such occupancy or use shall not constitute acceptance of any part of Work covered by this Contract. This use shall not relieve the Contractor of its responsibilities under the Contract.

8.6 Securities for Money Withheld
A. Pursuant to section 22300 of the Public Contract Code of the State of California, Contractor may request the City to make retention payments directly to an escrow agent or may substitute securities for any money withheld by the City to ensure performance under the contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City or with a state or federally chartered bank as the escrow agent who shall return such securities to Contractor upon satisfactory completion of the contract. Deposit of securities with an escrow agent shall be subject to a written agreement substantially in the form provided in section 22300 of the Public Contract Code.

8.7 The City’s Right to Suspend/Terminate the Contract
A. Suspension of Work by the City

1. The City may, at its sole option, decide to suspend at any time the performance of all or any portion of the Work by notice in writing to Contractor. Such notice of suspension of Work will designate the amount and type of plant, labor, and equipment to be committed to the Project during the period of suspension.

Contractor shall use its best efforts to utilize its plant, labor, and equipment in such a manner as to minimize costs associated with suspension.

2. Upon receipt of any such notice, Contractor shall, unless the notice requires otherwise:
a. Immediately discontinue Work on the date and to the extent specified in the notice;
b. Place no further orders or subcontracts for material, services, or facilities with respect to suspended Work other than to the extent required in the notice;
c. Promptly make every reasonable effort to obtain suspension upon terms satisfactory to the City’s Representative of all orders, subcontracts, and rental agreements to the extent they relate to performance of Work suspended; and
d. Continue to protect and maintain the Work including those portions on which Work has been suspended.

Packet Page. 1913
4 TH STREET ALLEY REHABILITATION -69- 00 72 00 – GENERAL CONDITIONS

3. Except as provided by this Article, as full and complete compensation for such suspension, Contractor shall be granted an adjustment in the Contract Price based on a negotiated daily rate that reflects the Contractor’s actual costs associated with the demobilized condition of the Site and an extension of the Contract Times equal to the number of days performance of Work is suspended; provided, however, that no adjustment of Contract Price or extension of Contract Times shall be granted if the suspension results from Contractor's non-compliance with the requirements of the Contract.

B. Termination for Cause by the City:

1. In the sole estimation of the City, if the Contractor refuses or fails to prosecute the Work or any separable part thereof with such diligence as will insure its completion within the time specified by the Contract Documents, or any extension thereof, or fails to complete such Work within such time, or if the Contractor should be adjudged a bankrupt, or if it should make a general assignment for the benefit of its creditors, or if a receiver should be appointed on account of its insolvency, or the Contractor or any of its subcontractors should violate any of the provisions of this Contract, the City may serve written notice upon the Contractor and its surety of the City's intention to terminate this Contract. This notice of intent to terminate shall contain the reasons for such intention to terminate this Contract, and a statement to the effect that the Contractor's right to perform this Contract shall cease and terminate upon the expiration of ten (10) Days unless such violations have ceased and arrangements satisfactory to the City have been made for correction of said violations.

2. After expiration of the ten (10) Day period, the City may terminate the Contract by providing a Notice of Termination to the Contractor. The City may take over and complete the Work by any method it may deem appropriate, including enforcement of the Project performance bond. Contractor and its surety shall be liable to the City for any excess costs or other damages incurred by the City to complete the Work. If the City takes over the Work, the City may, without liability for so doing, take possession of and utilize in completing the Work such materials, appliances, plant, and other property belonging to the Contractor as may be on the Site.

3. Upon termination, Contractor shall not be entitled to receive any further payment from the City, except for Work which was duly performed prior to the effective date of the Notice of Termination. Contractor shall submit an invoice for final payment within thirty (30) Days of the effective date of the Notice of Termination. The City may withhold from final payment up to 150% of any disputed amounts, including any amounts which may be necessary to repair defective Work, complete unfinished Work, or are otherwise occasioned by Contractor’s failure to perform its duties under the Contract.

C. Termination for Convenience by the City:

1. The City may terminate performance of the Work called for by the Contract Documents in whole or, from time to time, in part, upon ten (10) Days written notice if the City determines that a termination is in the City's interest.

Packet Page. 1914
4 TH STREET ALLEY REHABILITATION -70- 00 72 00 – GENERAL CONDITIONS

2. The Contractor shall terminate all or any part of the Work upon delivery to the Contractor of a Notice of Termination specifying that the termination is for the convenience of the City, the extent of termination, and the effective date of such termination.

3. After receipt of Notice of Termination, and except as directed by the City's Representative, the Contractor shall, regardless of any delay in determining or adjusting any amounts due under this termination for convenience clause, immediately proceed with the following obligations:
a. Stop Work as specified in the Notice.
b. Complete any Work specified in the Notice of Termination in a least cost/shortest time manner while still maintaining the quality called for under the Contract Documents.
c. Leave the property upon which the Contractor was working and upon which the facility (or facilities) forming the basis of the Contract Document is situated in a safe and sanitary manner such that it does not pose any threat to the public health or safety.
d. Terminate all subcontracts to the extent that they relate to the portions of the Work terminated.
e. Place no further subcontracts or orders, except as necessary to complete the continued portion of the Contract.
f. Submit to the City's Representative, within ten (10) Days from the effective date of the Notice of Termination, all of the usual documentation called for by the Contract Documents to substantiate all costs incurred by the Contractor for labor, materials and equipment through the effective date of the Notice of Termination. Any documentation substantiating costs incurred by the Contractor solely as a result of the City's exercise of its right to terminate this Contract pursuant to this clause, which costs the contractor is authorized under the Contract documents to incur, shall: (1) be submitted to and received by the Engineer no later than 30 Days after the effective date of the Notice of Termination; (2) describe the costs incurred with particularity; and (3) be conspicuously identified as “Termination Costs occasioned by the City's Termination for Convenience.” If the City rejects any costs, Contractor shall be deemed to waive the rejected costs unless Contractor files a Claim within thirty (30) Days of the rejection pursuant to Article 9.2.
g. Contractor shall be entitled to receive only the amounts payable under this Article, and Contractor specifically waives any claim for any other amounts or damages, including, but not limited to, any claim for consequential damages or lost profits. The provisions in this Article are in addition to and not in limitation of any other rights or remedies available to the City.

Packet Page. 1915
4 TH STREET ALLEY REHABILITATION -71- 00 72 00 – GENERAL CONDITIONS

4. Termination of the Contract shall not relieve surety of its obligation for any just claims arising out of or relating to the Work performed.

5. Notwithstanding any other provision of this Article, when immediate action is necessary to protect life and safety or to reduce significant exposure or liability, the City may immediately order Contractor to cease Work on the Project until such safety or liability issues are addressed to the satisfaction of the City or the Contract is terminated.

6. If the City terminates Contractor for cause, and if it is later determined that the termination was wrongful, such default termination shall automatically be converted to and treated as a termination for convenience. In such event, Contractor shall be entitled to receive only the amounts payable under this section, and Contractor specifically waives any claim for any other amounts or damages, including, but not limited to, any claim for consequential damages or lost profits.

8.8 Completion and Acceptance of Work
A. Final Inspection. Upon written notice from Contractor that the entire Work is complete, the Engineer will promptly make a final inspection with the City and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies.

B. Final Acceptance. The acceptance of the Work on behalf of the City will be made by the Engineer. Such acceptance by the City shall not constitute a waiver of defects. After Contractor has, in the opinion of the Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, Record Documents, and other documents required by the Contract Documents, the City shall execute a Notice of Completion, constituting final acceptance and completion of the Project, except as may be expressly noted.

8.9 Warranty and Guaranty of Work.

A. Contractor hereby warrants that materials and Work shall be completed in conformance with the Contract Documents and that the materials and Work provided will fulfill the requirements of this Warranty. Contractor hereby agrees to repair or replace, at the discretion of the City, any or all Work that may prove to be defective in its workmanship, materials furnished, methods of installation or fail to conform to the Contract Document requirements together with any other Work which may be damaged or displaced by such defect(s) within a period of one (1) year (or as otherwise indicated in the Contract Documents or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) from the date of the Notice of Completion of the Project without any expense whatever to the City, ordinary wear and tear and unusual abuse and neglect excepted. Contractor shall be required to promptly repair or replace defective equipment or materials, at Contractor’s option. All costs associated with such corrective actions and testing, including the removal, replacement, and Packet Page. 1916
4 TH STREET ALLEY REHABILITATION -72- 00 72 00 – GENERAL CONDITIONS reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor.

B. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one (1) year period, commencing with the date of acceptance of such corrected Work. The reinstatement of the one (1) year warranty shall apply only to that portion of work that was corrected. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. In the event of Contractor’s failure to comply with the above-mentioned conditions within ten (10) Days after being notified in writing of required repairs, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder immediately upon demand.

C. In addition to the warranty set forth in this Article, Contractor shall obtain for the City all warranties that would be given in normal commercial practice and assign to the City any and all manufacturer’s or installer’s warranties for equipment or materials not manufactured by Contractor and provided as part of the Work, to the extent that such third-party warranties are assignable and extend beyond the warranty period set forth in this Article. Contractor shall furnish the City with all warranty and guarantee documents prior to final acceptance of the Project by the City as required.

D. When specifically indicated in the Contract Documents or when directed by the Engineer, the City may furnish materials or products to the Contractor for installation.

In the event any act or failure to act by Contractor shall cause a warranty applicable to any materials or products purchased by the City for installation by the Contractor to be voided or reduced, Contractor shall indemnify the City from and against any cost, expense, or other liability arising therefrom, and shall be responsible to the City for the cost of any repairs, replacement or other costs that would have been covered by the warranty but for such act or failure to act by Contractor.

E. The Contractor shall remedy at its expense any damage to City-owned or controlled real or personal property.

F. The City shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage. The Contractor shall within ten (10) Days after being notified commence and perform with due diligence all necessary Work. If the Contractor fails to promptly remedy any defect or damage, the City shall have the right to replace, repair or otherwise remedy the defect, or damage at the Contractor’s expense.

G. In the event of any emergency constituting an immediate hazard to health, safety, property, or licensees, when caused by Work of the Contractor not in accordance with the Contract requirements, the City may undertake at Contractor’s expense, and without prior notice, all Work necessary to correct such condition.

H. Acceptance of Defective Work.

Packet Page. 1917
4 TH STREET ALLEY REHABILITATION -73- 00 72 00 – GENERAL CONDITIONS

1. If, instead of requiring correction or removal and replacement of defective Work, the City prefers to accept it, the City may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to the City’s evaluation of and determination to accept such defective Work and for the diminished value of the Work. If any acceptance of Defective Work occurs prior to release of the Project retention, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and the City shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work and all costs incurred by the City. If the acceptance of defective occurs after release of the Project retention, an appropriate amount will be paid by Contractor to the City.

I. The City May Correct Defective Work

1. If Contractor fails within a reasonable time after written notice from the City to correct Defective Work, or to remove and replace rejected Work as required by the City, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, the City may, after seven (7) Days written notice to Contractor, correct, or remedy any such deficiency.

2. In connection with such corrective or remedial action, the City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor’s services related thereto, take possession of Contractor’s tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which the City has paid Contractor but which are stored elsewhere. Contractor shall allow the City, and the agents, employees, other contractors, and consultants of each of them, access to the Site to enable the City to exercise the rights and remedies to correct the Defective Work.

3. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by the City correcting the Defective Work will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and the City shall be entitled to an appropriate decrease in the Contract Price. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of defective Work.

4. If the Change Order is executed after all payments under the Contract have been paid by the City and the Project Retention is held in an escrow account as permitted by the Contract Documents, Contractor will promptly alert the escrow holder, in writing, of the amount of Retention to be paid to the City. If the Change Order is executed after release of the Project retention, an appropriate amount will be paid by Contractor to the City. Contractor shall not be allowed an extension of Packet Page. 1918
4 TH STREET ALLEY REHABILITATION -74- 00 72 00 – GENERAL CONDITIONS the Contract Times because of any delay in the performance of the Work attributable to the City correcting Defective Work.

J. Nothing in the warranty or in the Contract Documents shall be construed to limit the rights and remedies available to the City at law or in equity, including, but not limited to, Code of Civil Procedure section 337.15.

ARTICLE 9 -CHANGE ORDERS; DISPUTE RESOLUTION

9.1 Change Orders and Time Extensions
All changes to the Contract, including compensation increases and time extensions, shall be through a written Change Order in accordance with this Article. The City, without invalidating the Contract, may order changes in the Work consisting of additions, deletions or other revisions, and Contractor’s compensation and the time for completion shall be adjusted accordingly. Whenever any change is made as provided for herein, such change shall be considered and treated as though originally included in the Contract, and shall be subject to all terms, conditions, and provisions of the original Contract. Contractor shall not be entitled to claim or bring suit for damages, whether for loss of profits or otherwise, on account of any decrease or omission of any item or portion of Work to be done. No dispute, disagreement, or failure of the parties to reach agreement on the terms of the Change Order shall relieve the Contractor from the obligation to proceed with performance of the Work, including Additional Work, promptly and expeditiously.

Any alterations, extensions of time, Additional Work, or any other changes may be made without securing consent of the Contractor’s surety or sureties.

A. Change in Contract Procedures

1. City Directive. The City may direct changes in the Work by delivering a written directive. To the extent the work directive results in a change to compensation or time, Contractor must timely request a Change Order and comply with all Change Order procedures in accordance with this Article. Notwithstanding issuance of a work directive, Contractor’s failure to timely request a Change Order shall constitute a waiver by Contractor of any adjustment to compensation or time extension for Work performed under the directive. The City shall not be liable to Contractor for Work performed or omitted by Contractor in reliance on verbal orders.

2. Contractor’s Notice of Change/Delay. If Contractor intends to initiate a Change Order Request, then Contractor shall provide the City with written notice of the underlying facts and circumstances that gave rise to the proposed change within the following times:
a. If due to unknown subsurface or latent physical conditions, within three (3) days from the discovery date or prior to the alterations of the conditions, whichever is earlier.
b. If due to a Force Majeure Event, as soon as reasonably practicable under the conditions, which shall be no longer than three (3) days from the date the Contractor discovers that the Force Majeure Event gives rise to a change, unless that the conditions are such that notice within three (3) days is not possible or practicable.

Packet Page. 1919
4 TH STREET ALLEY REHABILITATION -75- 00 72 00 – GENERAL CONDITIONS c. If due to any other matter that may involve an adjustment to the Contract Time or the Contract Price, within seven (7) days from the discovery date.

To be considered valid and complete, the notice of change/delay shall include a general statement of the circumstances giving rise to the notice of change/delay and a reasonable order of magnitude estimate of the additional costs and/or time. If the circumstances give rise to both a cost adjustment and time extension, Contractor shall submit the notice of change and notice of delay concurrently.

3. Request for Change in Compensation and/or Extension of Time. Contractor shall submit a Change Order Request for any adjustment to Contractor’s compensation and/or any extension of time. The Change Order Request shall be made prior to incurring any expense and within fourteen (14) Days from either Contractor’s notice of change/delay or the City’s directive ordering the change. The Change Order Request shall include all of the following information (unless inapplicable to the change):
a. A detailed description of the circumstances giving rise to the request;
b. A complete itemized cost proposal, including itemized pricing for first tier Subcontractors;
c. Supporting documentation for all costs;
d. A time impact analysis showing the impact of the delay to the critical path to completion;
e. If any added costs or information cannot be determined at the time of the Change Order Request, the reason the costs or information cannot be determined at the time; and
f. Certification to the accuracy of the Change Order Request under penalty of perjury.

The time impact analysis shall be in the critical path method format and shall show the sequencing of all critical and non-critical new activities and/or activity revisions affected by the delay, with logic ties to all affected existing activities noted on the schedule.

The City may demand, and Contractor shall provide, any additional information supporting the Change Order Request, including but not limited to native electronic format version of schedules and time impact analyses. Contractor shall provide the requested additional information within five (5) Days of the request.

For any costs or information that cannot be determined at the time Contractor submits the Change Order Request, Contractor shall submit to the City notice of the costs or information and all Packet Page. 1920
4 TH STREET ALLEY REHABILITATION -76- 00 72 00 – GENERAL CONDITIONS supporting documentation within five (5) Days of when the costs or other information become subject to determination.

4. City’s Final Decision on Change Order; Ordered Changes. If the City denies the Change Order Request or disagrees with the proposal submitted by Contractor, it will notify the Contractor, and the City will provide its opinion of the appropriate price and/or time extension. If no agreement can be reached, the City shall have the right to order the Work performed on a time and materials basis or to issue a unilateral Change Order setting forth the City’s determination of the reasonable additions or savings in costs and time attributable to the extra or deleted work. The City shall also have the right to order changes in the Work to be performed promptly by the Contractor on a time and materials basis or to issue a unilateral Change Order setting forth the City’s determination of the reasonable additions or savings in costs and time attributable to the extra or deleted work. The City’s determination shall become final and binding if the Contractor fails to submit a Claim in writing to the City within fourteen (14) Days of the issuance of the unilateral Change Order, disputing the terms of the unilateral Change Order and providing such supporting documentation for its position as the City may reasonably require.

5. Contractor’s Waiver of Further Relief. CONTRACTOR’S FAILURE TO PROVIDE

A COMPLETE AND TIMELY NOTICE OF CHANGE/DELAY AND/OR CHANGE

ORDER REQUEST, OR TO COMPLY WITH ANY OTHER REQUIREMENT OF

THIS ARTICLE, SHALL CONSTITUTE A WAIVER BY CONTRACTOR OF THE

RIGHT TO A CONTRACT ADJUSTMENT ON ACCOUNT OF SUCH

CIRCUMSTANCES AND A WAIVER OF ANY RIGHT TO FURTHER RECOURSE

OR RECOVERY BY REASON OF OR RELATED TO SUCH CHANGE BY

MEANS OF THE CLAIMS DISPUTE RESOLUTION PROCESS OR BY ANY

OTHER LEGAL PROCESS OTHERWISE PROVIDED FOR UNDER
APPLICABLE LAWS.

Contractor recognizes and acknowledges that timely submission of a formal written notice of change/delay and Change Order Request, whether or not the circumstances of the change may be known to the City or available to the City through other means, is not a mere formality but is of crucial importance to the ability of the City to promptly identify, prioritize, evaluate and mitigate the potential effects of changes. Any form of informal notice, whether verbal or written (including, without limitation, statements in requests for information, statements in Submittals, statements at any job meeting or entries on monthly reports, daily logs or job meeting minutes), that does not strictly comply with the formal requirements of this Article, shall accordingly be insufficient.

6. Change Order Format
a. A Change Order signed by the Contractor indicates the Contractor's agreement therewith, including any adjustment in compensation or extension of time, and the full and final settlement of all costs (direct, indirect and overhead) related to the Work authorized by the Change Order.
b. The City may designate the forms to be used for notices, requests, and Change Orders. If so designated, Contractor may only use such forms. Contractor Packet Page. 1921
4 TH STREET ALLEY REHABILITATION -77- 00 72 00 – GENERAL CONDITIONS shall not reserve a right to assert impact costs, extended job site costs, extended overhead, constructive acceleration and/or actual acceleration beyond what is stated in the Change Order. No Claims shall be allowed for impact, extended overhead costs, constructive acceleration and/or actual acceleration due to a multiplicity of changes and/or clarifications. The Contractor may not change or modify the City’s Change Order form in an attempt to reserve additional rights.

B. Determining Adjustments to Compensation.

1. Limitation on Costs. Contractor shall not be entitled to any compensation for Work subject to a Change Order except as expressly set forth in this Article. The markup added in instances of Additional Work shall constitute the entire amount of profit, any mark-ups, any field or home office overhead costs, including personnel, equipment or office space, any materials, or any costs of equipment idle time for such Work.

2. Unit Price Change Orders. When the actual quantity of a Unit Price Work item varies from the Bid Schedule, compensation for the change in quantity will be calculated by multiplying the actual quantity by the unit price. This calculation may result in either an additive or deductive Change Order. Bid items included on the Bid Schedule may be deducted from the Work in their entirety without any negotiated extra costs. Because Unit Price Work includes overhead and profit as determined by Contractor at the time of its Bid submission, no mark up or deduction for overhead and profit will be allowed.

3. Lump Sum Change Orders. Whenever possible, any changes affecting compensation shall be in a lump sum mutually agreed by the Contractor and the City.

4. Time and Materials Change Orders. The City may direct the Contractor to proceed with the Additional Work with payment to be made on the basis of actual cost of the labor and materials required to complete the Additional Work. If the Project is federally funded, a time and materials Change Order shall only be issued after a determination that no other Change Order is suitable and the Change Order shall include a ceiling price that the Contractor exceeds at its own risk.

5. Federally Funded Projects. For any change in price to the Contract, general and administrative expenses shall be negotiated and must conform to the cost principles set forth under at 2 C.F.R. Part 200, subpart E, and profit shall be negotiated as a separate element of the cost. To establish a fair and reasonable profit, consideration must be given to the complexity of the Additional Work to be performed, the risk borne by the Contractor, the Contractor's investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work.

6. Allowed Costs. Estimates for lump sum quotations and accounting for time-andmaterial work shall be limited to direct expenditures necessitated specifically by the change and shall be segregated as follows:

Packet Page. 1922
4 TH STREET ALLEY REHABILITATION -78- 00 72 00 – GENERAL CONDITIONS a. Labor. The costs of labor will be the actual cost for wages prevailing locally for each craft or type of worker at the time the Additional Work is done, plus employer payments of payroll taxes and insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs resulting from federal, state or local laws, as well as assessment or benefits required by lawful collective bargaining agreements. The use of a labor classification which would increase the Additional Work cost will not be permitted unless the Contractor establishes the necessity for such additional costs. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental.
b. Materials. The cost of materials reported shall be at the lowest current price at which such materials are locally available in the quantities involved, plus sales tax, freight and delivery. Materials costs shall be based upon supplier or manufacturer’s invoice.
c. Tool and Equipment Use. Regardless of ownership, the rates to be used in determining equipment use shall not exceed listed rates prevailing locally at equipment rental agencies, or distributors, at the time the work is performed.

The Contractor shall furnish cost data supporting the establishment of the rental rate. The rental rate to be applied for use of each items of equipment shall be the rate resulting in the least total cost to the City for the total period of use. The City shall the make the final determination as to an equitable rental rate for the equipment. No payment will be made for the use of small tools, which have a replacement value of $1,000 or less.
(i) The rental time to be paid for equipment shall be the time the equipment is in productive operation on the Additional Work being performed.

Rental time will not be allowed while equipment is inoperative due to breakdowns.
(ii) All equipment shall, in the opinion of the City, be in good working condition and suitable for the purpose for which the equipment is to be used. Equipment with no direct power unit shall be powered by a unit of at least the minimum rating recommended by the manufacturer. (iii) Before construction equipment is used on any Additional Work, the Contractor shall plainly stencil or stamp an identifying number thereon at a conspicuous location, and shall furnish to the City, in duplicate, a description of the equipment and its identifying number. (iv) When hourly rates are listed, any part of an hour less than 30 minutes of operation shall be considered to be 1/2-hour of operation, and any part of an hour greater than 30 minutes will be considered one hour of operation. When daily rates are listed, any part of a day less than 4 hours operation shall be considered to be 1/2-day of operation. d. Allowed Mark-up. The allowed mark-up for any and all overhead (including supervision and home and field office costs) and profit on work added to the Contract shall be determined in accordance with the following provisions:

Packet Page. 1923
4 TH STREET ALLEY REHABILITATION -79- 00 72 00 – GENERAL CONDITIONS (i) “Net Cost” is defined as the actual costs of labor, materials and tools and equipment only, excluding overhead and profit. The costs of applicable insurance and bond premium will be reimbursed to the Contractor and Subcontractors at cost only, without mark-up.

Contractor shall provide the City with documentation of the costs, including but not limited to payroll records, invoices, and such other information as the City may reasonably request.
(ii) For Work performed by the Contractor’s forces the allowed mark-up shall not exceed fifteen (15%) percent of labor costs, ten percent (10%) of material costs, and ten percent (10%) of the cost of tools and equipment use.
(iii) For Work performed by a Subcontractor, the added cost for overhead and profit shall not exceed fifteen percent (15%) of the Subcontractor’s Net Cost of the Work to which the Contractor may add up to five percent (5%) of the Subcontractor’s Net Cost.
(iv) For Work performed by a sub-subcontractor, the added cost for overhead and profit shall not exceed fifteen percent (15%) of the subsubcontractor’s Net Cost for Work to which the Subcontractor and Contractor may each add up to an additional five percent (5%) of the Net Cost of the lower tier subcontractor.
(v) No additional mark-up will be allowed for lower tier subcontractors, and in no case shall the added cost for overhead and profit payable by the City exceed twenty-five percent (25%) of the Net Cost as defined herein, of the party that performs the Work.
(vi) Calculation of the mark-up will be subject to the limitations above and to calculation as further detailed in (b)(B)(5) above.
e. Documentation of Time-and-Material Costs.
(i) T&M Daily Sheets. Contractor must submit timesheets, materials invoices, records of equipment hours, and records of rental equipment hours to the City’s for an approval signature each day that Work is performed on a time-and-material basis. The Engineer’s signature on time sheets only serves as verification that the Work was performed and is not indicative of the City’s agreement to Contractor’s entitlement to the cost.
(ii) T&M Summary Sheet. Contractor shall submit a T&M Summary Sheet, which shall include total actual costs, within five (5) Days following completion of Additional Work on a time-and-material basis.

Contractor’s total actual cost shall be presented in a summary table in an electronic spreadsheet file by labor, material, equipment, and any other costs, along with documentation supporting the costs.

Contractor’s failure to submit the T&M Summary Sheet within five (5) Days of completion of the Additional Work will result in Contractor’s Packet Page. 1924
4 TH STREET ALLEY REHABILITATION -80- 00 72 00 – GENERAL CONDITIONS waiver for any reimbursement of any costs associated with the Additional Work.
f. Excluded Costs. The following costs or any other home or field office overhead costs, all of which are to be considered administrative costs covered by the Contractor’s mark-up, shall not be allowed costs and shall not be included in any lump sum proposals or time-and-materials invoices:
(i) Overhead Cost. Payroll costs and other compensation of Contractor’s officers, executives, principals, general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, timekeepers, clerks, and other personnel employed by Contractor whether at the Site or in Contractor’s principal office or any branch office, material yard, or shop for general administration of the Work;
(ii) Office Expenses. Expenses of Contractor’s principal and branch offices;
(iii) Capital Expenses. Any part of Contractor’s capital expenses, including interest on Contractor’s capital employed for the Additional Work and charges against Contractor for delinquent payments;
(iv) Negligence. Costs due to the negligence of Contractor or any Subcontractor or Supplier, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including without limitation the correction of Defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property;
(v) Small Tools. Cost of small tools valued at less than $1,000 and that remain the property of Contractor;
(vi) Administrative Costs. Costs associated with the preparation of Change Orders (whether or not ultimately authorized), cost estimates, or the preparation or filing of Claims;
(vii)Anticipated Lost Profits. Expenses of Contractor associated with anticipated lost profits or lost revenues, lost income or earnings, lost interest on earnings, or unpaid retention;
(viii) Home Office Overhead. Costs derived from the computation of a “home office overhead” rate by application of the Eichleay, Allegheny, burden fluctuation, or other similar methods;
(ix) Special Consultants and Attorneys. Costs of special consultants or attorneys, whether or not in the direct employ of Contractor, employed for services specifically related to the resolution of a Claim, dispute, or other matter arising out of or relating to the performance of the Additional Work.

Packet Page. 1925
4 TH STREET ALLEY REHABILITATION -81- 00 72 00 – GENERAL CONDITIONS (x) Other. Other overhead or general expense costs of any kind and the cost of any item not specifically and expressly included in the Contract Documents; including but not limited to: submittals, drawings, field drawings, shop drawings, including submissions of drawings; field inspection; general superintendence; computer services; reproduction services; salaries of project engineer, superintendent, timekeeper, storekeeper, and secretaries; janitorial services; small tools, incidentals and consumables; temporary on-site facilities (offices, telephones, high speed internet access, plumbing, electrical power, lighting; platforms, fencing, water); surveying; estimating; protection of work; handling and disposal fees; final cleanup; other incidental work; related warranties; insurance and bond premiums.
(xi) Compliance with Federal Cost Principles. If the Project is federally funded, any costs that are not allowable, reasonable and allocable to the Project, under generally accepted accounting principles and the applicable federal requirements.

9.2 Procedure for Resolving Claims.

Contractor shall timely comply with any and all requirement of the Contract Documents pertaining to notices and requests for changes to the Contract Time or Contract Price, including but not limited to all requirements of Article 9.1, as a prerequisite to filing any claim governed by this Article. The failure to timely submit a notice of delay or notice of change, or to timely request a change to the time for completion or Contractor’s compensation, or to timely provide any other notice or request required herein shall constitute a waiver of the right to further pursue the claim under the Contract or at law.

A. Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Article is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code.

This Article shall be construed to be consistent with all applicable law, including but not limited to these statutes.

B. Claims. For purposes of this Article, “Claim” means a separate demand by the Contractor for:

1. An adjustment to the time for completion including, without limitation, for relief from damages or penalties for delay assessed by the City;

2. Payment by the City of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, payment for which is not otherwise expressly provided or to which the Contractor is not otherwise entitled; or

3. An amount the payment of which is disputed by the City.

Packet Page. 1926
4 TH STREET ALLEY REHABILITATION -82- 00 72 00 – GENERAL CONDITIONS A “Claim” does not include any demand for payment for which the Contractor has failed to provide notice, request a Change Order, or otherwise failed to follow any procedures contained in the Contract Documents.

C. Filing Claims. Claims governed by this Article may not be filed unless and until the Contractor completes any and all requirements of the Contract Documents pertaining to notices and requests for changes to the Contract Time or Contract Price, and Contractor’s request for a change has been denied in whole or in part.

Claims governed by this Article must be filed no later than thirty (30) Days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim. The Claim shall be submitted in writing to the City and shall include on its first page the following words in 16 point capital font: “THIS IS A CLAIM.” The Claim shall include the all information and documents necessary to substantiate the Claim, including but not limited to those identified below. Nothing in this Article is intended to extend the time limit or supersede notice requirements otherwise provided by Contract Documents. Failure to follow such contractual requirements shall bar any Claims or subsequent proceedings for compensation or payment thereon.

D. Documentation. The Contractor shall submit all Claims in the following format:

1. Summary description of Claim including basis of entitlement, merit and amount of time or money requested, with specific reference to the Contract Document provisions pursuant to which the Claim is made

2. List of documents relating to Claim:
a. Specifications
b. Drawings
c. Clarifications (Requests for Information)
d. Schedules
e. Other

3. Chronology of events and correspondence

4. Narrative analysis of Claim merit

5. Analysis of Claim cost, including calculations and supporting documents

6. Time impact analysis in the form required by the Contract Documents or, if the Contract Documents do not require a particular format, CPM format, if an adjustment of the Contract Time is requested
E. City’s Response. Upon receipt of a Claim pursuant to this Article, the City shall conduct a reasonable review of the Claim and, within a period not to exceed 45 Days, shall provide the Contractor a written statement identifying what portion of the Claim is disputed and what portion is undisputed. Any payment due on an undisputed Packet Page. 1927
4 TH STREET ALLEY REHABILITATION -83- 00 72 00 – GENERAL CONDITIONS portion of the Claim will be processed and made within 60 Days after the City issues its written statement.

1. If the City needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the Claim, and the City’s governing body does not meet within the 45 Days or within the mutually agreed to extension of time following receipt of a Claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three (3) Days following the next duly publicly noticed meeting of the City’s governing body after the 45-Day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.

2. Within 30 Days of receipt of a Claim, the City may request in writing additional documentation supporting the Claim or relating to defenses or Claims the City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the City and the Contractor. The City’s written response to the Claim, as further documented, shall be submitted to the Contractor within 30 Days (if the Claim is less than $50,000, within 15 Days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.

F. Meet and Confer. If the Contractor disputes the City’s written response, or the City fails to respond within the time prescribed, the Contractor may so notify the City, in writing, either within 15 Days of receipt of the City’s response or within 15 Days of the City’s failure to respond within the time prescribed, respectively, and demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, the City shall schedule a meet and confer conference within 30 Days for settlement of the dispute.

G. Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the Claim or any portion of the Claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the Claim shall be processed and made within 60 Days after the City issues its written statement. Any disputed portion of the Claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The public entity and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the Claim has been identified in writing, unless the parties agree to select a mediator at a later time.

1. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the Claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.

2. For purposes of this Article, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an Packet Page. 1928
4 TH STREET ALLEY REHABILITATION -84- 00 72 00 – GENERAL CONDITIONS independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this Article.

3. Unless otherwise agreed to by the City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.

4. The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved Claims shall be considered jointly in a single mediation, unless a new unrelated Claim arises after mediation is completed.

H. Procedures After Mediation. If following the mediation, the Claim or any portion remains in dispute, the Contractor must file a Claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code prior to initiating litigation.

For purposes of those provisions, the running of the period of time within which a Claim must be filed shall be tolled from the time the Contractor submits his or her written Claim pursuant to subdivision (a) until the time the Claim is denied, including any period of time utilized by the meet and confer conference.

I. Civil Actions. The following procedures are established for all civil actions filed to resolve Claims of $375,000 or less:

1. Within 60 Days, but no earlier than 30 Days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of this Contract. The mediation process shall provide for the selection within 15 Days by both parties of a disinterested third person as mediator, shall be commenced within 30 Days of the submittal, and shall be concluded within 15 Days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.

2. If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.

J. Government Code Claim Procedures.

Packet Page. 1929
4 TH STREET ALLEY REHABILITATION -85- 00 72 00 – GENERAL CONDITIONS

1. This Article does not apply to tort claims and nothing in this Article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commending with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.5 of Title 1 of the Government Code.

2. In addition to any and all requirements of the Contract Documents pertaining to notices of and requests for adjustment to the Contract Time, Contract Price, or compensation or payment for Additional Work, disputed Work, construction claims and/or changed conditions, the Contractor must comply with the claim procedures set forth in Government Code Section 900, et seq. prior to filing any lawsuit against the City.

3. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to adjustment of the Contract Time or Contract Price for Additional Work, disputed Work, construction claims, and/or changed conditions have been followed by Contractor. If Contractor does not comply with the Government Code claim procedure or the prerequisite contractual requirements, Contractor may not file any action against the City.

4. A Government Code claim must be filed no earlier than the date the Work is completed or the date the Contractor last performs Work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved Claims known to Contractor or that should reasonably by known to Contractor excepting only new unrelated Claims that arise after the Government Code claim is submitted.

K. Non-Waiver. The City’s failure to respond to a Claim from the Contractor within the time periods described in this Article or to otherwise meet the time requirements of this Article shall result in the Claim being deemed rejected in its entirety, and shall not constitute a waiver of any rights under this Article.

ARTICLE 10 - MEASUREMENT; PAYMENT

10.1 Cost Breakdown.

A. Lump Sum Work.

1. Contractor shall furnish on forms approved by the City within ten (10) Days of the Notice to Proceed, a schedule of values allocating the entire Contract Price to the various portions of the Work and prepared in such a form and supported by such data to substantiate its accuracy as the Engineer may require. This schedule of values, unless objected to by the Engineer, shall be used as a basis for reviewing the Contractor’s applications for payment. Contractor shall submit the schedule of values prior to submitting its first application for payment, and the City will not issue any payment until it receives and approves the schedule of values.

B. Unit Price Work.

Packet Page. 1930
4 TH STREET ALLEY REHABILITATION -86- 00 72 00 – GENERAL CONDITIONS

1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work multiplied by the estimated quantity of each item as indicated in the Contract. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor’s overhead and or profit for each separately identified item.

2. Unless otherwise specified, payment will be based on the actual quantities of Work as verified and approved by the Engineer, based on the price per unit as set forth in the Bid.

3. The City or Contractor may initiate a Change Order or Change Order Request to adjust the Contract Price in accordance with Contractor Documents based on actual quantities of Unit Price Work. The City or Contractor may make a claim for an adjustment in the Unit Price in accordance with the Contract Documents if:
a. the quantity of any item of Unit Price Work performed by Contractor differs by twenty-five percent (25%) or more from the estimated quantity of such item indicated in the Contract; and
b. there is no corresponding adjustment with respect to any other item of Work; and
c. Contractor believes that Contractor is entitled to an increase in unit price as a result of having incurred additional expense or the City believes that the City is entitled to a decrease in unit price and the parties are unable to agree as to the amount of any such increase or decrease.

10.2 Progress Estimates and Payment.

A. By the tenth (10th) Day of the following calendar month, Contractor shall submit to Engineer a payment request which shall set forth in detail the value of the Work done for the period beginning with the date Work was first commenced and ending on the end of the calendar month for which the payment request is prepared. Contractor shall include an adjusted list of actual quantities, verified by the Engineer, for unit price items listed, if any, in the Bid. Contractor shall include any amount earned for authorized Additional Work. Contractor shall certify under penalty of perjury, that all cost breakdowns and periodic estimates accurately reflect the Work on the Project.

B. From the total thus computed, a deduction shall be made in the amount of five percent (5%) for retention, except where the City has adopted a finding that the Work done under the Contract is substantially complex, and then the amount withheld as retention shall be the percentage specified in the Notice Inviting Bids. From the remainder a further deduction may be made in accordance with Section C below.

The amount computed, less the amount withheld for retention and any amounts withheld as set forth below, shall be the amount of the Contractor’s payment request.

Packet Page. 1931
4 TH STREET ALLEY REHABILITATION -87- 00 72 00 – GENERAL CONDITIONS C. The City may withhold a sufficient amount or amounts of any payment or payments otherwise due to Contractor, as in its judgment may be necessary to cover:

1. Payments which may be past due and payable for just claims against Contractor or any Subcontractors for labor or materials furnished in and about the performance of work on the Project under this Contract.

2. Defective work not remedied.

3. Failure of Contractor to make proper payments to his Subcontractor or for material or labor.

4. Completion of the Contract if there is a reasonable doubt that the Work can be completed for balance then unpaid.

5. Damage to another contractor or a third party.

6. Amounts which may be due the Count for claims against Contractor.

7. Failure of Contractor to keep the Record Drawings up to date.

8. Failure to provide update on construction schedule as required herein.

9. Site cleanup.

10. Failure to comply with Contract Documents.

11. Liquidated damages.

12. Legally permitted penalties.

D. The City may apply such withheld amount or amounts to payment of such claims or obligations at its discretion with the exception of subsections (C)(1), (3), and (5) of this Article, which must be retained or applied in accordance with applicable law. In so doing, the City shall be deemed the agent of Contractor and any payment so made by the City shall be considered as a payment made under contract by the City to Contractor and the City shall not be liable to Contractor for such payments made in good faith. Such payments may be made without prior judicial determination of claim or obligations. The City will render Contractor a proper accounting of such funds disbursed on behalf of Contractor.

E. Upon receipt, the Engineer shall review the payment request to determine whether it is undisputed and suitable for payment. If the payment request is determined to be unsuitable for payment, it shall be returned to Contractor as soon as practicable but not later than seven (7) Days after receipt, accompanied by a document setting forth in writing the reasons why the payment request is not proper. The City shall make the progress payment within 30 Days after the receipt of an undisputed and properly submitted payment request from Contractor, provided that a release of liens and claims has been received from the Contractor pursuant to Civil Code section 8132. The number of days available to the City to make a payment without incurring Packet Page. 1932
4 TH STREET ALLEY REHABILITATION -88- 00 72 00 – GENERAL CONDITIONS interest pursuant to this paragraph shall be reduced by the number of Days by which the Engineer exceeds the seven (7) Day requirement.

F. A payment request shall be considered properly executed if funds are available for payment of the payment request and payment is not delayed due to an audit inquiry by the financial officer of the City.

G. The City shall have the right to adjust any estimate of quantity and to subsequently correct any error made in any estimate for payment.

10.3 Final Acceptance and Payment
A. Following the City’s acceptance of the Work, the Contractor shall submit to the City a written statement of the final quantities of unit price items for inclusion in the final payment request. The City shall have the right to adjust any estimate of quantity and to correct any error made in any estimate for payment.

B. When the Work has been accepted there shall be paid to Contractor a sum equal to the Contract Price less any amounts previously paid Contractor and less any amounts withheld by the City from Contractor under the terms of the Contract. The final five percent (5%), or the percentage specified in the Notice Inviting Bids where the City has adopted a finding of substantially complete, shall not become due and payable until as required by Public Contract Code section 7107. If the Contractor has placed securities with the City as described herein, the Contractor shall be paid a sum equal to one hundred percent (100%) of the Contract Price less any amounts due the City under the terms of the Contract.

C. Unless Contractor advises the City in writing prior to acceptance of the final five percent (5%) or the percentage specified in the Notice Inviting Bids where the City has adopted a finding of completion, or the return of securities held as described herein, said acceptance shall operate as a release to the City of all claims and all liability to Contractor for all things done or furnished in connection with this Work and for every act of negligence of the City and for all other claims relating to or arising out of this Work. If Contractor advises the City in writing prior to acceptance of final payment or return of the securities that there is a dispute regarding the amount due the Contractor, the City may pay the undisputed amount contingent upon the Contractor furnishing a release of all undisputed claims against the City with the disputed claims in stated amounts being specifically excluded by Contractor from the operation of the release. No payments, however, final or otherwise, shall operate to release Contractor or its sureties from the Faithful Performance Bond, Labor and Material Payment Bond, or from any other obligation under this Contract.

D. In case of suspension of the Contract any unpaid balance shall be and become the sole and absolute property of the City to the extent necessary to repay the City any excess in the cost of the Work above the Contract Price.

E. Final payment shall be made no later than 60 Days after the date of acceptance of the Work by the City or the date of occupation, beneficial use and enjoyment of the Work by the City including any operation only for testing, start-up or commissioning accompanied by cessation of labor on the Work, provided that a release of liens and claims has been received from the Contractor pursuant to Civil Code section 8136.

Packet Page. 1933
4 TH STREET ALLEY REHABILITATION -89- 00 72 00 – GENERAL CONDITIONS In the event of a dispute between the City and the Contractor, the City may withhold from the final payment an amount not to exceed 150% of the disputed amount.

F. Within ten (10) Days from the time that all or any portion of the retention proceeds are received by Contractor, Contractor shall pay each of its Subcontractors from whom retention has been withheld each Subcontractor’s share of the retention received. However, if a retention payment received by Contractor is specifically designated for a particular Subcontractor, payment of the retention shall be made to the designated Subcontractor if the payment is consistent with the terms of the subcontract.

ARTICLE 11 - MISCELLANEOUS

11.1 Patents.

A. Contractor shall hold and save the City, officials, officers, employees, and authorized volunteers harmless from liability of any nature or kind of claim therefrom including costs and expenses for or on account of any patented or unpatented invention, article or appliance manufactured, furnished or used by Contractor in the performance of this Contract.

11.2 Document Retention & Examination
A. In accordance with Government Code section 8546.7, records of both the City and the Contractor shall be subject to examination and audit by the State Auditor General for a period of three (3) years after final payment.

B. Contractor shall make available to the City any of the Contractor’s other documents related to the Project immediately upon request of the City.

C. In addition to the State Auditor rights above, the City shall have the right to examine and audit all books, estimates, records, contracts, documents, bid documents, subcontracts, and other data of the Contractor (including computations and projections) related to negotiating, pricing, or performing the modification in order to evaluate the accuracy and completeness of the cost or pricing data at no additional cost to the City, for a period of four (4) years after final payment.

11.3 Notice.

A. All notices shall be in writing and either served by personal delivery or mailed to the other party. Written notice to the Contractor shall be addressed to Contractor’s principal place of business unless Contractor designates another address in writing for service of notice. Notice to the City shall be addressed to the City as designated in the Notice Inviting Bids unless the City designates another address in writing for service of notice. Notice shall be effective upon receipt or five (5) Days after being sent by first class mail, whichever is earlier. Notice given by facsimile shall not be effective unless acknowledged in writing by the receiving party.

Packet Page. 1934
4 TH STREET ALLEY REHABILITATION -90- 00 72 00 – GENERAL CONDITIONS

11.4 Notice of Third Party Claims
A. Pursuant to Public Contract Code section 9201, the City shall provide the Contractor with timely notification of the receipt of any third-party claims relating to the Contract.

The City is entitled to recover reasonable costs incurred in providing such notification.

11.5 State License Board Notice
A. Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826.

11.6 Assignment of Contract
A. Contractor shall not assign, transfer, convey, sublet or otherwise dispose of the rights or title of interest of any or all of this contract without the prior written consent of the City. Any assignment or change of Contractor’s name of legal entity without the written consent of the City shall be void. Any assignment of money due or to become due under this Contract shall be subject to a prior lien for services rendered or material supplied for performance of Work called for under the Contract Documents in favor of all persons, firms, or corporations rendering such services or supplying such materials to the extent that claims are filed pursuant to the Civil Code, the Code of Civil Procedure or the Government Code.

11.7 Change In Name And Nature Of Contractor’s Legal Entity.

A. Should a change be contemplated in the name or nature of the Contractor’s legal entity, the Contractor shall first notify the City in order that proper steps may be taken to have the change reflected on the Contract and all related documents. No change of Contractor’s name or nature will affect the City’s rights under the Contract, including but not limited to the bonds.

11.8 Prohibited Interests
A. No City official or representative who is authorized in such capacity and on behalf of City to negotiate, supervise, make, accept, or approve, or to take part in negotiating, supervising, making, accepting or approving any engineering, inspection, construction or material supply contract or any subcontract in connection with construction of the project, shall be or become directly or indirectly interested financially in the Contract.

11.9 Controlling Law
A. Notwithstanding any subcontract or other contract with any subcontractor, supplier, or other person or organization performing any part of the Work, this Contract shall Packet Page. 1935
4 TH STREET ALLEY REHABILITATION -91- 00 72 00 – GENERAL CONDITIONS be governed by the law of the State of California excluding any choice of law provisions.

11.10 Jurisdiction; Venue
A. Contractor and any subcontractor, supplier, or other person or organization performing any part of the Work agrees that any action or suits at law or in equity arising out of or related to the bidding, award, or performance of the Work shall be maintained in the Superior Court of San Bernardino County, California, and expressly consent to the jurisdiction of said court, regardless of residence or domicile, and agree that said court shall be a proper venue for any such action.

11.11 Cumulative Remedies.

A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Applicable Laws, by special warranty or guarantee, or by other provisions of the Contract Documents.

The provisions of this Article will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply.

11.12 Survival of Obligations.

A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor.

11.13 Headings.

A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions.

11.14 Assignment of Antitrust Actions
A. In accordance with §7103.5(b) of the California Public Contract Code, Contractor and Subcontractors must conform to the following requirements:

1. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, Contractor or Subcontractor offer and agree to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under §4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with §16700) of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract.

2. This assignment must be made and become effective at the time the awarding body tenders to Contractor, without further acknowledgment by the parties.

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4 TH STREET ALLEY REHABILITATION -92- 00 72 00 – GENERAL CONDITIONS

11.15 All Legal Provisions Included
A. Contractor shall give all notices and comply with all federal, state and local laws, ordinances, rules and regulations bearing on conduct of work as indicated and specified by their terms. References to specific laws, rules or regulations in this Contract are for reference purposes only, and shall not limit or affect the applicability of provisions not specifically mentioned. If Contractor observes that drawings and specifications are at variance therewith, he shall promptly notify City in writing and any necessary changes shall be adjusted as provided for in this Contract for changes in Work. If Contractor performs any Work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to City, he shall bear all costs arising therefrom.

B. Contractor shall be responsible for familiarity with the Americans with Disabilities Act (“ADA”) (42 U.S.C. § 12101 et seq.). The Work will be performed in compliance with ADA laws, rules and regulations. Contractor shall comply with the Historic Building Code, including, but not limited to, as it relates to the ADA, whenever applicable.

C. Contractor acknowledges and understands that, pursuant to Public Contract Code section 20676, sellers of "mined material" must be on an approved list of sellers published pursuant to Public Resources Code section 2717(b) in order to supply mined material for this Contract.

D. No City official or representative who is authorized in such capacity and on behalf of City to negotiate, supervise, make, accept, or approve, or to take part in negotiating, supervising, making, accepting or approving any engineering, inspection, construction or material supply contract or any subcontract in connection with construction of the Work, shall be or become directly or indirectly interested financially in the Contract.

E. All provisions of law required to be inserted in the Contract or Contract Documents pursuant to any Applicable Laws shall be and are inserted herein. If through mistake, neglect, oversight, or otherwise, any such provision is not herein inserted or inserted in improper form, upon the application of either party, the Contract or Contract Documents shall be changed by City, at no increase in Contract Price or extension in Contract Times, so as to strictly comply with the Applicable Laws and without prejudice to the rights of either party hereunder

11.16 Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature ARTICLE 12 -– FLEET COMPLIANCE

12.1 To the extent applicable, Contractor, shall comply, and shall ensure all subcontractors comply, with all requirements of the most current version of the California Air Resources Board (“CARB”) including, without limitation, all applicable terms of Title 13, California Code of Regulations Division 3, Chapter 9 and all pending amendments (“Regulation”).

12.2 Throughout Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor’s Packet Page. 1937
4 TH STREET ALLEY REHABILITATION -93- 00 72 00 – GENERAL CONDITIONS and subcontractors’ fleet including, without limitation, the CRCs, fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days’ notice from the City.

12.3 Contractor shall be solely liable for any and all costs associated with complying with the Regulation as well as for any and all penalties, fines, damages, or costs associated with any and all violations, or failures to comply with the Regulation. Contractor shall defend, indemnify and hold harmless the City, its officials, officers, employees and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Regulation.

Packet Page. 1938
4 TH STREET ALLEY REHABILITATION 94 00 73 13 - SPECIAL CONDITIONS 00 73 13 – SPECIAL CONDITIONS
ARTICLE 1 -SCOPE OF WORK

1.1 Location of the Project. Located in the City of San Bernardino near the SE corner of North E Street and West4th Street at the red marker below.

1.2 Scope of Work.

A. The Scope of Work consists of removing of existing asphalt and/or concrete in the alley and the courtyard and replacing it with pavers; installation of the following:
lighting; irrigation; plants and trees; benches and tables; trash bins; bike rack, and (painting murals on walls - by others).

ARTICLE 2 -MODIFICATIONS TO THE GENERAL CONDITIONS

2.1 Section 2.12 Mobilization
Paragraph B.8 add the following:

No storage of equipment or materials will be allowed on private property, unless written permission has been provided to City, or in street right-of-way.

Packet Page. 1939
4 TH STREET ALLEY REHABILITATION 95 00 73 13 - SPECIAL CONDITIONS

2.2 Section 5.5 Safety
Section 5.5.A states, “Contractor to notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the work may affect them.” The following requirements will be added to Section 5.5.A. The following list of individuals or entities, which are known to have facilities in the area to be improved is merely for the Contractor's information and may or may not be complete or inclusive:

City of San Bernardino (Engineering)-------------------------------------------------(909) 384-5019 Southern California Edison, Ben Murguia -------------------------------------------(909) 307-6788 Southern California Gas Company, Devry Jennings------------------------------(909) 335-7772 San Bernardino Municipal Water Department, Mike Nevarez ------------------(909) 384-5092 Verizon Communications, Control Desk ---------------------------------------------(909) 784-6655 AT&T, Rosemary Hamill -----------------------------------------------------------------(916) 799-4642 Underground Service Alert --------------------------------------------------------------(800) 227-2600 California Department of Transportation --------------------------------------------(909) 383-6920

2.3 Section 5.10 Water Quality Management and Compliance Section 5.10 of the General Conditions requirement for SWPPP shall not be required, flow chart Const_LUP_Flowchart_DetPrjCov (ca.gov) finds this project to be exempt, the following requirements will be added to Section 5.10:
“Water Pollution Control,” of the Standard Specifications, and as amended by these Special Conditions, shall be considered as included in the lump sum bid item price for “WATER POLLUTION CONTROL BEST MANAGEMENT PRACTICES (BMP)”, which price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work involved to establish, implement, monitor and maintain the BMP’s required by the SWPPP, and no additional compensation shall be allowed therefore. The Contractor shall be responsible for payment of any administrative fines that may be imposed on the City due to the Contractor’s failure to comply with the terms of the applicable permits regulating Water Pollution Control.

Administrative fines, if imposed, will be withheld from the Contractor’s payments.

2.4 Section 5.27 Work Site
Section 5.27 Work Site, shall add the following requirements:

The contractor shall notify all residents and business owners, in writing (both in English and in Spanish), of his proposed operations and schedule. Notice shall be delivered at least ten (10) working days prior to start of construction. The contractor shall prepare a letter for this purpose and submit the letter to the Engineer for approval at least five (5) working days prior to the date needed for its circulation. The Contractor shall be responsible for reproduction and distribution of the letters. The time to notify in advance shall be coordinated with the City inspector.

Packet Page. 1940
4 TH STREET ALLEY REHABILITATION 96 00 73 13 - SPECIAL CONDITIONS Project sign board shall be in-placed in advance (30 days after Notice to Proceed, NTP) prior to any start of construction. Check with the City as to how far in advance to have the project signage to be in-placed. See Attachment.

The Contractor shall follow: Greenbook 2021, Section 302-3.8, pages 317; Greenbook 2021, Section 302-4.7, page 322, and Greenbook 2021, PART 6 TEMPORARY TRAFFIC CONTROL SECTION 600-ACCESS, All of Sections 600 and 601, that apply to this project, pages 543 to 550.

Businesses and residences adjacent to the Work shall be notified forty-eight (48) hours in advance of closing of driveways.

Re-notification will be required if the Contractor’s schedule is altered or other delays occur, which significantly affects the scheduled work. Then, it shall be at Contractor’s expense.

2.5 Section 5.27 Work Site
Add Paragraph H and add the following:

The Contractor shall provide sufficient barricades, delineators and ribbon at each location to adequately protect the new and fresh concrete surfaces from vandalism and unauthorized markings. Newly poured and finished concrete areas shall be delineated or cordoned off with tape to inhibit and discourage pedestrians, bikers and skateboards from tracking across the fresh sidewalk surfaces. Unauthorized markings (i.e. graffiti, footprints, bike tire marks, scuff marks) in the new sidewalk surfaces are not acceptable, and may be cause for rejection. All such areas rejected due to such cause shall be removed and replaced at the Contractor’s expense. All costs for protecting the new concrete surfaces and any graffiti removal shall be considered as incidental to the cost of the work and no additional compensation will be allowed therefore.

END OF SPECIAL CONDITIONS
Packet Page. 1941
4 TH STREET ALLEY REHABILITATION 97 SPECIFICATIONS

SPECIFICATIONS

CONSTRUCTION BID ITEMS
Each respective bid item and bid schedule as shown on the proposal form shall comply with all respective sections of the most current edition of Standard Specifications for Public Works Construction (Green Book), its supplements, and any other publications as specified. If there is a conflict between these inclusions and the Standard Specifications, these inclusions shall have precedence.

BID ITEM 1 - MOBILIZATION:

This bid item shall conform to the provisions in Section 9-3.4, “Mobilization”, of the Standard Specifications of Public Works Construction, 2021 edition, and these special provisions.

Mobilization may include, but not be limited to, the following principal items:

1. Submittal and modification, as required, of the Construction Schedule.

2. Providing a Project Office (if needed)

3. Review of the Site.

4. Obtaining all required Transportation Permits.

5. Submittal of all required insurance certificates and bonds as required by these Specifications.

6. Moving onto the site, including, but not limited to:

A. Equipment
B. Arranging for and erection of Contractor’s work and storage areas.

7. Installing construction fencing and temporary construction power and wiring. Providing a minimum of one restroom facility for each twenty-five (25) workers occupying the site.

Facilities may include existing functioning restrooms, or portable chemical facilities, or any combination thereof, and shall count as one for each urinal or one for each water closet (as required).

8. Installing all temporary utilities (as required).

9. Establishing required fire protection provisions.

10. Posting all OSHA required notices and establishment of safety programs.

11. Posting of all Department of Labor notices.

12. Having the Contractor’s superintendent at the job site full-time and responding 24 hours per day.

13. Air and water quality protective measures, as necessary, and without limitation.

14. Potholing and other research and review as necessary to verify site conditions and utility Packet Page. 1942
4 TH STREET ALLEY REHABILITATION 98 SPECIFICATIONS
locations.

15. Demobilization of the Site.

16. Any other item as specified.

The cost of bonds, insurance, move in and move out costs, preparation and submission of submittals, obtaining encroachment permits, and miscellaneous incidental costs, shall be Included in the Bid Item provided for mobilization and demobilization and incidental project costs as a Lump Sum item, for which 75 percent (75%) will be eligible for inclusion in the first progress payment, with the remaining 25 percent (25%) not eligible for inclusion until 100 percent (100%) of the work has been completed and if progress of the work is satisfactory. No work shall be started without prior approval of the submittals. Failure to comply with the preceding requirement will be sufficient ground for the Engineer to stop all work on the project until the requirements are met.

Payment for this bid item, “MOBILIZATION,” shall be paid per Lump Sum (LS) and shall be considered as full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work involved in Mobilization per project plans and specifications; no additional compensation will be allowed.

BID ITEM 3 – EROSION CONTROL PLAN, BMPS AND MAINTENANCE Water Pollution Control, Best Management Practices
“Water Pollution Control,” of the Standard Specifications, and as amended by these Special Conditions, shall be considered as included in the lump sum bid item price for “WATER POLLUTION CONTROL BEST MANAGEMENT PRACTICES (BMP)”
Measurement and Payment
Price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work involved to establish, implement, monitor and maintain the BMP’s required by the Erosion Control Plan, and no additional compensation shall be allowed therefore. All work be paid by the contract unit price paid per Lump Sum (LS) and shall include full compensation The Contractor shall be responsible for payment of any administrative fines that may be imposed on the City due to the Contractor’s failure to comply with the terms of the applicable permits regulating Water Pollution Control. Administrative fines, if imposed, will be withheld from the Contractor’s payments.

Packet Page. 1943
4 TH STREET ALLEY REHABILITATION 99 SPECIFICATIONS
BID ITEM 4: AC PAVEMENT AND AGGREGATE BASE REMOVAL
Existing Bituminous Pavement and Base Removal shall conform to the provisions in Section 300-1 “Clearing and Grubbing”, of the Standard Specifications and these Special Provisions: Existing bituminous pavement and base removal shall include sawcutting, excavating, loading, stockpiling, hauling, and disposing of existing bituminous pavement material and/or aggregate base to the subgrade depth indicated on the plans or as directed by the Engineer.

Sawcutting and removal of existing bituminous concrete pavement shall be included in this item of work.
300-1.4.2 (a) “Bituminous Pavement" shall be amend as follows:

Bituminous pavement shall be removed to clean, straight lines. Removal of bituminous pavement shall be made to a sawcut at the designated lines of removal shown on the Plans or as designated by the Engineer. Location of sawcut and width of existing pavement to be removed shall be as shown on the plans or as determined by the Engineer in the field. Where only the surface of existing bituminous pavement is to be removed, the method of removal shall be approved by the Engineer, and a minimum laying depth of 2 inches of new pavement material shall be provided at the join line. Where bituminous pavement adjoins a trench, the edges adjacent to the trench shall be trimmed to neat straight lines before resurfacing to ensure that all areas to be resurfaced are accessible to the rollers used to compact the subgrade or paving materials.

Excess soil, turfgrass and plant material to be removed as indicated in the project documents. Payment for sawcutting shall be included in the compensation paid for the pavement removal and no additional compensation will be allowed.

Minimum laying depth of new pavement material shall be 0.10 foot at join lines.

The areas and quantities shown on the plans or specifications are given only for the Contractor's aid in planning the work and/or preparing bids. The Engineer shall designate the limits to be removed and these designated areas shall be considered to take precedence over the areas shown on the plans. No guarantee is made that areas or quantities shown will equal the areas or quantities designated by the Engineer. Spalled or loose blocks of pavement and pavement cracks wider than 3/8 inch will be deemed justification for extending or adding to the removal and replacement of asphalt concrete pavement.

The areas indicated for removal and replacement shall be excavated to the full depth of the proposed pavement section (asphalt and base), regardless Packet Page. 1944
4 TH STREET ALLEY REHABILITATION 100 SPECIFICATIONS
of thickness. The City does not have boring data. No warranty is given or implied as to the thickness, or to the amount of material which may result from the removal of the street pavement. If the Contractor wishes to personally check the existing pavement thickness, the City Engineer’s office will cooperate by issuing the necessary encroachment permit upon application by the Contractor. 300 1.5 Payment. [Add the following]:

Remove Existing AC Pavement and Base shall be included in the bid price per Square Feet for Remove Existing AC Pavement and Aggregate Base and shall include full compensation for all labor, materials, tools, and equipment and for doing all work involved in saw cutting, excavating, loading, stockpiling, hauling, and disposing of existing pavement material and/or aggregate base to the depth of the proposed pavement section and no additional compensation will be allowed therefore.

BID ITEM 5: PCC PAVEMENT AND AGGREGATE BASE REMOVAL
Existing Concrete Pavement Removal shall conform to the provisions in Section 300-1 “Clearing and Grubbing” of the Standard Specifications and these Special Provisions:

Concrete pavement shall be removed to neatly sawed edges with saw cuts made to a minimum depth of 1-1/2 inches. Concrete items to be removed shall be neatly sawed in straight lines either parallel to the curb or at right angles to the alignment of the sidewalk. No section to be replaced shall be smaller than 30 inches in either length or width. If the saw cut in sidewalk or driveway would fall within 30 inches of a construction joint, expansion joint, or edge, the concrete shall be removed to the joint or edge, except that where the saw cut would fall within 12 inches of a score mark, the saw cut shall be made in and along the score mark. Curb and gutter shall be sawed to a depth of 1-1/2 inches on a neat line at right angles to the curb face.

Existing concrete removal shall include sawcutting, excavating, loading, stockpiling, hauling, and disposing of existing concrete curb and gutter material indicated on the plans or as directed by the Engineer. Sawcutting and removal Packet Page. 1945
4 TH STREET ALLEY REHABILITATION 101 SPECIFICATIONS
of existing concrete curb and gutter shall be included in this item of work.

Removals shall be to the nearest joint as shown on the plans or as directed by the Engineer.
300 1.5 Payment. [Add the following]:

Remove Existing PCC Pavement and Aggregate Base shall be paid for per square feet and shall include full compensation for all labor, materials, tools, and equipment and for doing all work involved in sawcutting, excavating, loading, stockpiling, hauling, and disposing of existing concrete curb and gutter material regardless of size and no additional compensation will be allowed therefore.

BID ITEM 6: REMOVAL OF CATCH BASIN
Measurement and Payment
Price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work involved including trench and surface restoration and no additional compensation shall be allowed. All work be paid by the contract unit price paid per Each (EA) and shall include full compensation.

BID ITEM 7: REMOVAL OF CURB AND GUTTER
Remove Existing Curb and shall conform to the provisions in Section 300-1 “Clearing and Grubbing” of the Standard Specifications and these Special Provisions:

Concrete shall be removed to neatly sawed edges with saw cuts made to a minimum depth of 1-1/2 inches. Concrete items to be removed shall be neatly sawed in straight lines either parallel to the curb or at right angles to the alignment of the sidewalk. No section to be replaced shall be smaller than 30 inches in either length or width. If the saw cut in sidewalk or driveway would fall within 30 inches of a construction joint, expansion joint, or edge, the concrete shall be removed to the joint or edge, except that where the saw cut would fall within 12 inches of a score mark, the saw cut shall be made in and along the score mark. Curb and gutter shall be sawed to a depth of 1-1/2 inches on a neat line at right angles to the curb face.

Packet Page. 1946
4 TH STREET ALLEY REHABILITATION 102 SPECIFICATIONS
Existing concrete removal shall include sawcutting, excavating, loading, stockpiling, hauling, and disposing of existing concrete curb and gutter material indicated on the plans or as directed by the Engineer. Sawcutting and removal of existing concrete curb and gutter shall be included in this item of work.

Removals shall be to the nearest joint as shown on the plans or as directed by the Engineer.
300 1.5 Payment. [Add the following]:

Removal of Curb and Gutter shall be paid for at the contract unit prices per Linear Foot (LF) and shall include full compensation for all labor, materials, tools, and equipment and for doing all work involved in sawcutting, excavating, loading, stockpiling, hauling, and disposing of existing concrete curb and gutter material regardless of size and no additional compensation will be allowed therefore.

BID ITEM 8: REMOVAL OF TREE AND TREE WELL
Measurement and Payment
Price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work involved including trench and surface restoration and no additional compensation shall be allowed. All work be paid by the contract unit price paid per Each (EA) and shall include full compensation.

BID ITEM 9: CURB DRAIN RELOCATION
Measurement and Payment
Price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work involved including removal, construction, trench and surface restoration and no additional compensation shall be allowed. All work be paid by the contract unit price paid per Each (EA) and shall include full compensation.

BID ITEM 10: SAWCUT
Packet Page. 1947
4 TH STREET ALLEY REHABILITATION 103 SPECIFICATIONS
Measurement and Payment
Price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work involved and no additional compensation shall be allowed. All work be paid for by the contract unit price paid per Linear Feet (LF) and shall include full compensation.

BID ITEM 13: CONSTRUCTION SURVEY & GRADING
Measurement and Payment
Price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work involved including removal, construction, trench and surface restoration and no additional compensation shall be allowed. All work be paid by the contract unit price paid per Square Feet (SF) and shall be full and final compensation.

BID ITEM 14: BACKFILLING AND RE-COMPACTION; CLASS II AGGREGATE BASE;GEOTECHNICAL TESTING
Measurement and Payment
Price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work involved including removal, construction, trench and surface restoration and no additional compensation shall be allowed. All work be paid by the contract unit price paid per Lump (LS) and shall be full and final compensation.

BID ITEM 16: FULL DEPTH AC PAVEMENT
Measurement and Payment
Price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work involved including removal, construction, trench and surface restoration and no additional compensation shall be allowed. All work be paid by the contract unit price paid per Ton (TON) and shall be full and final compensation.

BID ITEM 17: PCC DRIVEWAY COMMERCIAL
Packet Page. 1948
4 TH STREET ALLEY REHABILITATION 104 SPECIFICATIONS
Measurement and Payment
Price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work involved including removal, construction, trench and surface restoration and no additional compensation shall be allowed. All work be paid by the contract unit price paid per Square Feet (SF) and shall be full and final compensation.

BID ITEM 18: PCC SIDEWALK
Measurement and Payment. [Replace with the following]:

Payment for the construction of the various concrete improvements shall be made at the contract unit price per Square Feet (SF) and constitute full compensation for construction of the improvements, including all materials and labor, excavation, backfill and ancillary work to deem the work complete.

Reinforcement, such as rebar, shall be included in the unit price for those items requiring it. All bid items shall include in the unit price the disposal of waste, any saw cutting, and any repairs of adjacent improvement impacted by the work necessary to construct the various improvements.

BID ITEM 19: 8” CURB AND GUTTER
Measurement and Payment
Price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work involved including removal, construction, trench and surface restoration and no additional compensation shall be allowed. All work be paid by the contract unit price paid per Linear Feet (LF) and shall be full and final compensation.

BID ITEM 20: AGGREGATE BASE
Measurement and Payment
Price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work involved including removal, construction, trench and surface restoration and no additional compensation shall be allowed. All work be paid by the contract unit price paid per Cubic Yard (CY) and shall be full and final compensation.

Packet Page. 1949
4 TH STREET ALLEY REHABILITATION 105 SPECIFICATIONS
BID ITEM 21: 4” PVC SDR-35 STORM DRAIN PIPE
Measurement and Payment
Price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work involved including removal, construction, trench and surface restoration and no additional compensation shall be allowed. All work be paid by the contract unit price paid per Linear Feet (LF) and shall be full and final compensation.

BID ITEM 22: 12”X12” CATCH BASIN TRAFFIC RATED WITH ADA

COMPLIANT AND FILTER INSERT
Measurement and Payment
Price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work involved including removal, construction, trench and surface restoration and no additional compensation shall be allowed. All work be paid by the contract unit price paid per Each (EA) and shall be full and final compensation.

BID ITEM 23: PCC PAVEMENT, INCLUDING SUBGRADE PREPARATION SUBRADE PREPARATION: Work for these bid items shall comply with Section 300 – Earthwork of the SSPWC Greenbook, and shall conform to the recommendations of the Geotechnical Report, attached to the Appendices of these documents.

Measurement and Payment
Price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work involved including removal, construction, trench and surface restoration and no additional compensation shall be allowed. All work be paid by the contract unit price paid per Square Feet (SF) and shall be full and final compensation.

BID ITEM 24: PERMEABLE PAVERS, INCLUDING SUBGRADE PREPARATION Packet Page. 1950
4 TH STREET ALLEY REHABILITATION 106 SPECIFICATIONS
SUBGRADE PREPARATION: Work for these bid items shall comply with Section 300 – Earthwork of the SSPWC Greenbook, and shall conform to the recommendations of the Geotechnical Report, attached to the Appendices of these documents.

BID ITEM 25: 500 SF TRANSFOLD STAGE PLATFORM, STAGE/RISER

CADDY, AND PORTABLE STEPS
Measurement and Payment
Price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work involved including purchasing, accepting, and delivering to City Yard and no additional compensation shall be allowed. All work be paid in accordance with the contract unit price paid per Lump (LS) and shall be full and final compensation.

BID ITEM 26: CUSTOM NEON ALLEY ENTRANCE SIGN, ARCH, AND

GATE W/SECURITY AND KNOX PADLOCK FABRICATE AND
INSTALL.

Measurement and Payment
Price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work involved including removal, construction, digging and surface restoration and no additional compensation shall be allowed. All work be paid by the contract unit price paid per Each (EA) and shall be full and final compensation.

BID ITEM 27: TREE WELL
Measurement and Payment
Price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work involved including removal, Packet Page. 1951
4 TH STREET ALLEY REHABILITATION 107 SPECIFICATIONS
construction, trench and surface restoration and no additional compensation shall be allowed. All work be paid for by the contract unit price paid per Each (EA) and shall be full and final compensation.

BID ITEM 28: TREE PLANTER
Measurement and Payment
Price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work involved including removal, construction, trench and surface restoration and no additional compensation shall be allowed. All work be paid for by the contract unit price paid per Each (EA) and shall be full and final compensation.

BID ITEM 29: TREES
Measurement and Payment
Price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work involved including removal, construction, digging and surface restoration and no additional compensation shall be allowed. All work be paid for by the contract unit price paid per Each (EA) and shall be full and final compensation.

BID ITEM 30: SHRUB AND GROUND COVER
Measurement and Payment
Price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work involved including removal, construction, digging and surface restoration and no additional compensation shall be allowed. All work be paid by the contract unit price paid per Lump (LS) and shall be full and final compensation.

BID ITEM 31: IRRIGATION SYSTEM
Measurement and Payment
Price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work involved including removal, construction, trench and surface restoration and no additional compensation shall be allowed. All work be paid by the contract unit price paid per Lump (LS) and shall be full and final compensation.

Packet Page. 1952
4 TH STREET ALLEY REHABILITATION 108 SPECIFICATIONS
BID ITEM 32: 5/8” X ¾” IRRIGATION METER SERVICE
Measurement and Payment
Price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work involved including removal, construction, trench and surface restoration and no additional compensation shall be allowed. All work be paid by the contract unit price paid per Each (EA) and shall be full and final compensation.

BID ITEM 33: BIKE RACKS
Measurement and Payment
Price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work involved including removal, construction, and surface restoration and no additional compensation shall be allowed. All work be paid by the contract unit price paid per Each (EA) and shall be full and final compensation.

BID ITEM 34: TRASH RECEPTACLE
Measurement and Payment
Price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work involved including construction, digging, and surface restoration and no additional compensation shall be allowed. All work be paid by the contract unit price paid per Each (EA) and shall be full and final compensation.

BID ITEM 35: OUTDOOR GARDE BENCH
Measurement and Payment
Price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work involved including, construction, and surface restoration and no additional compensation shall be allowed. All work be paid by the contract unit price paid per Each (EA) and shall be full and final compensation.

BID ITEM 36: LIGHT POLE
Packet Page. 1953
4 TH STREET ALLEY REHABILITATION 109 SPECIFICATIONS
Measurement and Payment
Price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work involved including removal, construction, digging and surface restoration and no additional compensation shall be allowed. All work be paid by the contract unit price paid per Each (EA) and shall be full and final compensation.

BID ITEM 41 - CONSTRUCTION 4’ X 8’ PROJECT SIGN:

Work specified in this section includes providing all materials and performing all operations to fabricate, install, modify and/or relocate Project Information Sign, and as specified in these Special Provisions. Submit a shop drawing for all sign panels, and the Manufacturer's data for the Sign Panels.

MATERIALS
A. Project Information Signs shall be constructed per Caltrans specifications for Plywood single sheet and laminated panel signs.

B. Color of signs, panels and lettering shall be as indicated on the drawing in these specifications.

C. Sign Posts shall be constructed of wood and shall conform to the provisions of section 56-2.02B, Caltrans.

D. Mounting Hardware shall be furnished by the Contractor and shall conform to the provisions of section 56-2.02D, Caltrans.

INSTALLATION
For this contract, one (1) Project Information Sign shall be installed, relocated or modified for each location as directed by the City Engineer and shall conform to the provisions of sections 56-2.03, and 56-2.04, Caltrans.

Measurement and Payment
The contract bid price paid to fabricate and install the signs including all ancillary work be paid by the contract unit price paid per each sign (EA) and shall include full compensation for providing all materials including post, digging the foundations for the post, and restoring the area around the post during the duration of the project. And restoring of the surrounding area after removal of the sign. This will also include the removal of the signs and posts.

Packet Page. 1954
4 TH STREET ALLEY REHABILITATION 110 SPECIFICATIONS
BID ITEM 42: SOLE ALLEY WAYFINDING SIGN AND POST PER CITY OF SAN BERNARDINO STD. PLAN 504
Measurement and Payment
Price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work involved including removal, construction, digging and surface restoration and no additional compensation shall be allowed. All work be paid by the contract unit price paid per Each (EA) and shall be full and final compensation.

BID ITEM 44: ADJUST ITEMS TO GRADE AS NOTED PER PLAN
Measurement and Payment
Price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work involved including removal, construction, trench and surface restoration and no additional compensation shall be allowed. All work be paid by the contract unit price paid per Each (EA) and shall be full and final compensation.

BID ITEM 45: 5” PVC SDR-35 STORM DRAIN PIPE TO EXISTING 5” STORM DRAIN Measurement and Payment
Price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work involved including removal, construction, trench and surface restoration and no additional compensation shall be allowed. All work be paid by the contract unit price paid per Linear Feet (LF) and shall be full and final compensation.

BID ITEM 46: SAWCUT SCORELINES PER PLAN
Measurement and Payment
Price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work involved including removal, construction, trench and surface restoration and no additional compensation shall be allowed. All work be paid by the contract unit price paid per Linear Feet (LF) and shall be full and final compensation.

BID ITEM 48: PROTECT ITEMS IN PLACE AS NOTED PER PLAN
Packet Page. 1955
4 TH STREET ALLEY REHABILITATION 111 SPECIFICATIONS
Measurement and Payment
Price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work involved including removal, construction, digging and surface restoration and no additional compensation shall be allowed. All work be paid by the contract unit price paid per Each (EA) and shall be full and final compensation.

Packet Page. 1956
4 TH STREET ALLEY REHABILITATION 112 PLANS, DRAWINGS, AND REPORTS

PLANS, DRAWINGS, AND REPORTS
"THE FOLLOWING PLANS, DRAWINGS, AND REPORTS ARE INCORPORATED HEREIN BY REFERENCE AS IF SET FORTH IN THEIR ENTIRETY:

1. STANDARD PLANS FOR PUBLIC WORK CONSTRUCTION (LATEST EDITION)

2. CALTRANS STANDARD PLANS (LATEST EDITION)

3. STREET IMPROVEMENT FOR 4TH STREET ALLEY BEAUTIFICATION.

DRAWING NO. 13616

4. LIMITED GEOTECHNICAL INVESTIGATION REPORT: 4TH STREET

ALLEY REHABILITATION PROJECT SAN BERNARDINO, CALIFORNIA Packet Page. 1957
4 TH STREET ALLEY REHABILITATION 113 APPENDICIES

CONSTRUCTION PROJECT SIGNS
Packet Page. 1958
4 TH STREET ALLEY REHABILITATION 114 APPENDICIES

CITY OF SAN BERNARDINO
Building a Better San Bernardino
4 th STREET ALLEY REHABILITATION PROJECT No. SS22-008
Estimated Completion: Winter 2024
Funding Provided By: Clean CA
Council Ward: 1
Helen Tran, Mayor
Charles A. Montoya, City Manager
Council Members: Theodore Sanchez, Sandra Ibarra, Juan Figueroa, Fred Shorett, Ben Reynoso, Kimberly Calvin, Damon Alexander For more information, please call the Engineering Department (909) 384-5019 Packet Page. 1959
4 TH STREET ALLEY REHABILITATION 115 APPENDICIES
City of San Bernardino
Business Registration Certification Application Form
Packet Page. 1960
4 TH STREET ALLEY REHABILITATION 116 APPENDICIES
City of San Bernardino Municipal Water Department
Rule and Regulation No. 5
New Service Installation and Water Capacity Charges
Packet Page. 1961
4 TH STREET ALLEY REHABILITATION 117 APPENDICIES
Tapco Catalog
Pages 380, 381, 388, and 389
Packet Page. 1962
Quantity Unit Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price 1 Mobilization LS 1 $ 9,248.50 $9,248.50 $ 48,997.50 $48,997.50 $ 10,000.00 $10,000.00 $ 47,207.00 $47,207.00 $ 25,000.00 $25,000.00 2 Not Used $0.00 $0.00
3 Erosion Control Plan, BMPs and Maintenance LS 1 $ 3,500.00 $3,500.00 $ 8,037.00 $8,037.00 $ 5,000.00 $5,000.00 $ 8,730.00 $8,730.00 $ 5,000.00 $5,000.00 4 AC Pavement and Aggregate Base Removal SF 3,872 $ 3.50 $13,552.00 $ 8.00 $30,976.00 $ 6.00 $23,232.00 $ 8.10 $31,363.20 $ 4.00 $15,488.00 5 PCC Pavement and Aggregate Base Removal SF 387 $ 3.50 $1,354.50 $ 26.72 $10,340.64 $ 10.00 $3,870.00 $ 10.13 $3,920.31 $ 6.00 $2,322.00 6 Removal of Catch Basin EA 1 $ 1,250.00 $1,250.00 $ 2,122.05 $2,122.05 $ 3,000.00 $3,000.00 $ 3,125.00 $3,125.00 $ 2,500.00 $2,500.00 7 Removal of Curb & Gutter LF 31 $ 40.00 $1,240.00 $ 62.62 $1,941.22 $ 25.00 $775.00 $ 108.00 $3,348.00 $ 25.00 $775.00 8 Removal of Tree and Tree Well EA 1 $ 2,500.00 $2,500.00 $ 5,875.00 $5,875.00 $ 4,250.00 $4,250.00 $ 2,500.00 $2,500.00 $ 2,500.00 $2,500.00 9 Curb Drain Relocation EA 2 $ 1,250.00 $2,500.00 $ 1,670.85 $3,341.70 $ 3,500.00 $7,000.00 $ 900.00 $1,800.00 $ 750.00 $1,500.00 10 Sawcut LF 131 $ 17.60 $2,305.60 $ 22.42 $2,937.02 $ 15.00 $1,965.00 $ 20.00 $2,620.00 $ 10.00 $1,310.00 11 Not Used $0.00 $0.00
12 Not Used $0.00 $0.00
13 Construction Survey & Grading SF 3,872 $ 1.35 $5,227.20 $ 10.31 $39,920.32 $ 2.00 $7,744.00 $ 3.87 $15,000.00 $ 4.00 $15,488.00 14 Backfilling and Re-compaction; Class II Aggregate Base; Geotechnical Testing including Compaction and Percolation/Infiltraion LS 1 $ 35,000.00 $35,000.00 $ 38,628.50 $38,628.50 $ 47,500.00 $47,500.00 $ 31,644.00 $31,644.00 $ 10,000.00 $10,000.00 15 Not Used $0.00 $0.00
16 Full Depth AC Pavement TON 0.5 $ 3,000.00 $1,500.00 $ 4,493.20 $2,246.60 $ 8,000.00 $4,000.00 $ 17,000.00 $8,500.00 $ 2,000.00 $1,000.00 17 PCC Driveway (Commercial) SF 178 $ 50.00 $8,900.00 $ 24.69 $4,394.82 $ 75.00 $13,350.00 $ 126.94 $22,595.32 $ 25.00 $4,450.00 18 PCC Sidewalk, 95% Subgrade compaction SF 60 $ 150.00 $9,000.00 $ 36.46 $2,187.60 $ 35.00 $2,100.00 $ 31.67 $1,900.00 $ 20.00 $1,200.00 19 8" Curb and Gutter LF 31 $ 60.00 $1,860.00 $ 48.90 $1,515.90 $ 75.00 $2,325.00 $ 240.00 $7,440.00 $ 100.00 $3,100.00 20 Not Used $0.00 $0.00
21 4” PVC SDR-35 Storm Drain Pipe LF 44 $ 45.00 $1,980.00 $ 66.17 $2,911.48 $ 180.00 $7,920.00 $ 18.64 $820.00 $ 50.00 $2,200.00 22 12”x12” Catch Basin Traffic Rated w/ ADA Compliant Grate and Filter Insert EA 2 $ 1,250.00 $2,500.00 $ 1,620.33 $3,240.66 $ 3,500.00 $7,000.00 $ 975.00 $1,950.00 $ 1,500.00 $3,000.00 23 PCC Pavement including Subgrade Preparation SF 1,012 $ 25.00 $25,300.00 $ 21.02 $21,272.24 $ 35.00 $35,420.00 $ 27.41 $27,738.92 $ 20.00 $20,240.00 24 Permeable Pavers Incl. Subgrade Preparation SF 2,800 $ 20.00 $56,000.00 $ 23.89 $66,892.00 $ 22.50 $63,000.00 $ 28.96 $81,095.00 $ 35.00 $98,000.00 25 500 SF TransFold Stage Platform, Stafe/Riser Caddy, and Portable Steps.

Midwest Folding Products Nos. TF4824P, MSC, and TST3 or Equal LS 1 $ 20,000.00 $20,000.00 $ 5,146.00 $5,146.00 $ 17,400.00 $17,400.00 $ 17,781.66 $17,781.66 $ 18,000.00 $18,000.00 26 Custom Neon Alley Entrance Sign, Arch, and Gate w/ Security and Knox Padlock Fabricate and Install EA 1 $ 35,000.00 $35,000.00 $ 76,375.00 $76,375.00 $ 79,950.00 $79,950.00 $ 80,952.00 $80,952.00 $ 75,000.00 $75,000.00 27 Tree Well EA 1 $ 4,850.00 $4,850.00 $ 4,594.25 $4,594.25 $ 7,000.00 $7,000.00 $ 8,500.00 $8,500.00 $ 3,500.00 $3,500.00 28 Tree Planter EA 1 $ 3,500.00 $3,500.00 $ 4,937.35 $4,937.35 $ 4,500.00 $4,500.00 $ 5,297.00 $5,297.00 $ 2,500.00 $2,500.00 29 Trees EA 3 $ 1,250.00 $3,750.00 $ 1,529.07 $4,587.21 $ 5,000.00 $15,000.00 $ 1,000.00 $3,000.00 $ 1,500.00 $4,500.00 30 Shrub and Ground Cover Per Plan LS 1 $ 5,000.00 $5,000.00 $ 4,117.20 $4,117.20 $ 7,500.00 $7,500.00 $ 12,864.00 $12,864.00 $ 6,000.00 $6,000.00 31 Irrigation System Per Plan LS 1 $ 10,000.00 $10,000.00 $ 23,631.60 $23,631.60 $ 10,500.00 $10,500.00 $ 15,000.00 $15,000.00 $ 20,000.00 $20,000.00 32 5/8” x 3/4” Irrigation Meter Service LS 1 $ 7,600.00 $7,600.00 $ 11,068.50 $11,068.50 $ 12,500.00 $12,500.00 $ 31,500.00 $31,500.00 $ 2,500.00 $2,500.00 33 Bike rack EA 1 $ 1,350.00 $1,350.00 $ 1,915.25 $1,915.25 $ 1,800.00 $1,800.00 $ 2,150.00 $2,150.00 $ 1,500.00 $1,500.00 34 Trash Reseptacle EA 7 $ 3,250.00 $22,750.00 $ 3,550.51 $24,853.57 $ 750.00 $5,250.00 $ 3,679.14 $25,754.00 $ 4,000.00 $28,000.00 35 Outdoor Grade Bench EA 3 $ 3,800.00 $11,400.00 $ 4,214.33 $12,642.99 $ 3,500.00 $10,500.00 $ 6,177.17 $18,531.50 $ 4,500.00 $13,500.00 36 Light Pole – See Plan Sheet 4 for Locations EA 6 $ 2,650.00 $15,900.00 $ 5,866.67 $35,200.02 $ 1,200.00 $7,200.00 $ 3,466.67 $20,800.02 $ 3,000.00 $18,000.00 37 Not Used $0.00 $0.00 $0.00
38 Not Used $0.00 $0.00 $0.00
39 Not Used $0.00 $0.00 $0.00
40 Not Used $0.00 $0.00 $0.00
41 Construction 4’x8’ Project Signs EA 1 $ 1,500.00 $1,500.00 $ 3,078.50 $3,078.50 $ 1,250.00 $1,250.00 $ 1,500.00 $1,500.00 $ 1,500.00 $1,500.00 42 Sole Alley Wayfinding Sign and Post per City of San Bernardino Std. Plan 50 EA 2 $ 1,260.00 $2,520.00 $ 587.50 $1,175.00 $ 1,800.00 $3,600.00 $ 1,800.00 $3,600.00 $ 700.00 $1,400.00 43 Anti-Littering Signs per R47 (CA) EA 3 $ 135.00 $405.00 $ 195.83 $587.49 $ 750.00 $2,250.00 $ 250.00 $750.00 $ 600.00 $1,800.00 44 Adjust Items to Grade as Noted per Plan EA 5 $ 350.00 $1,750.00 $ 1,200.38 $6,001.90 $ 1,250.00 $6,250.00 $ 500.00 $2,500.00 $ 300.00 $1,500.00 45 Connect 5” PVC SDR-35 Storm Drain Pipe to Existing 5” Storm Drains. LF 11 $ 100.00 $1,100.00 $ 352.93 $3,882.23 $ 250.00 $2,750.00 $ 125.00 $1,375.00 $ 100.00 $1,100.00 46 Sawcut Scorelines per Plan LF 31 $ 89.50 $2,774.50 $ 56.86 $1,762.66 $ 35.00 $1,085.00 $ 20.00 $620.00 $ 20.00 $620.00 47 Not Used $0.00 $0.00 $0.00
48 Protect Items in Place as Noted per Plan EA 38 $ 125.00 $4,750.00 $ 34.63 $1,315.94 $ 100.00 $3,800.00 $ 118.42 $4,500.00 $ 50.00 $1,900.00 49 50
51 52
53 54
Apparent Low Bidder 1 Apparent Low Bidder 4 Apparent Low Bidder 3 Apparent Low Bidder 5 Apparent Low Bidder 2
$340,617.30 $524,650.91 $449,536.00 $560,271.93 $417,893.00 $350,617.30 $524,651.41 $449,536.00 $564,918.02 $417,893.00 -$10,000.00 -$0.50 $0.00 -$4,646.09 $0.00

TOTAL BID AMOUNT CALCULATED BASED ON UNIT PRICES

CALCULATION CORRECTIONS TO BID AMOUNT SUBMITTED BY CONTRACTOR BASED ON CALCULATED BID AMOUNT
Apparent Low Bidder 3

AEC MORENO CORPORATION

1. BID TABULATION
PROJECT NAME: 4TH STREET ALLEY REHABILITATION
PROJECT NO: SS 22-008
Bid Item and Description
Apparent Low Bidder 1
SDC ENGINEERING INC.

Apparent Low Bidder 2

VIDO SAMARZICH, INC
Apparent Low Bidder 4
C.S. LEGACY INC. Preferred General Services
Apparent Low Bidder 5

BID RANKING

TOTAL BID AMOUNT INDICATED BY BIDDER

BID TABULATION
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Location Map
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Beautification and Landscape
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: May 15, 2024
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager
Lynn Merrill, Director of Public Works, Operations &
Maintenance
Department: Public Works
Subject: Increase Annual Purchase Order for Fairview Ford (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino California Adopt Resolution No. 2024-109

1. Authorizing the Director of Finance & Management Services to approve an increase in the purchase order for Fairview Ford from $230,000 to a new not to exceed amount of $300,000; and

2. Authorizing the extension of the purchase order agreement with the option for another five years of single year annual renewal, through fiscal year 2028/2029.

Executive Summary
The current Purchase Order for Fairview Ford stands at $230,000, allocated for the maintenance and repair of police vehicles. However, due to escalating costs and deferred maintenance on these critical assets, it is imperative to increase the Purchase Order to $300,000. This increase is necessary to effectively cover the rising expenses associated with vehicle upkeep and ensure the continued operational readiness of our police fleet.

Background
The Fleet Division of the Public Works Department operates and maintains over 350 Ford vehicles ranging from sedans to F-550 trucks. The City's fleet comprises a significant number of aging vehicles, including those utilized by our law enforcement agencies. These vehicles have surpassed their expected service life, leading to additional costs associated with these vehicles.

On November 1 and November 10, 2021, staff publicized a Request for Quote (RFQ) Packet Page. 1993
on the City's website using Plant Bids (RFQ F 22-24 for Ford parts & supplies and RFQ F 22-27 for automotive body repairs and paint). Based on the RFQ results, Fairview Ford was selected as the lowest qualified bidder for the supply of parts, service, and auto body repairs.

Since the start of this annual purchase order the fleet has grown in new vehicles and existing vehicles have aged. On April 17th, 2024, the police department purchased 16 new ford vehicles which will also increase the amount of funding needed. Additionally, police vehicles are sometimes involved in collisions making it necessary to repair.

Discussion
The timely repair of vehicles is crucial for maintaining operational effectiveness and ensuring the safety of our law enforcement officers. Delayed maintenance not only increases the risk of mechanical failures but also prolongs vehicle downtime, hampering response times and overall efficiency. Therefore, it is imperative that we allocate sufficient resources to address maintenance issues promptly and keep our police fleet in optimal condition.

In addition to addressing the immediate need for increased funding, there is also a compelling case for extending the purchase order for Fairview Ford for an additional five years. This extension would provide stability and continuity in vehicle maintenance planning, allowing for more efficient budgeting and resource allocation over the long term. By committing to a multi-year procurement arrangement, we can leverage economies of scale, negotiate favorable pricing, and streamline administrative processes, ultimately maximizing the value of taxpayer dollars. 2021-2025 Strategic Targets and Goals
Approval of this annual purchase order aligns with Key Target No.1: Improved Operational & Financial Capacity - As it supports the objective of minimizing risk and litigation exposure through timely replacement of parts, service, and body repairs that do not compromise Ford warranties and helps to maintain current assets.

Fiscal Impact
There is sufficient funding for this action in the FY 2023/24 operating budget.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino California Adopt Resolution No. 2024-109

1. Authorizing the Director of Finance & Management Services to approve an increase in the purchase order for Fairview Ford from $230,000 to a new not to exceed amount of $300,000; and

2. Authorizing the extension of the purchase order agreement with the option for another five years of single year annual renewal, through fiscal year 2028/2029.

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Attachments

1. Attachment 1 Resolution 2024-109

2. Attachment 2 Professional Services Agreement – Fairview Ford Ward:

All Wards
Synopsis of Previous Council Actions:

July 7, 2014 The Mayor and City Council adopted Resolution No. 2014-260 approving an agreement and issuance of an annual purchase order in the amount of $116,000 with three single year renewal options
September 6, 2017 The Mayor and City Council adopted Resolution No. 2017-168 approving an agreement and issuance of an annual purchase order in the amount not to exceed $120,000 with three single year renewal options.

April 21, 2021 The Mayor and City Council adopted Resolution No. 2021-95 approving an agreement increasing the amount not to exceed $140,000.

March 2, 2022 The Mayor and City Council adopted Resolution No. 2022-49 approving annual agreement of a not to exceed amount of $230,000. With an option for four single year renewal options to the Public Works Fleet Division for services and maintenance Packet Page. 1995
Resolution No. 2024-109
Resolution 2024-109
May 15, 2024

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Mayor and City CouncilMay 15, 2024

Mayor and City Council
May 15, 2024