Agenda packet — Mayor and City Council, January 15, 2025 (part 4 of 9)

Packet Page 000714
IN WITNESS WHEREOF, this Agreement has been executed by and on behalf of the Parties.

AFFILIATE
Dignity Health, a California nonprofit public benefit
corporation, doing business as St. Bernardine
Medical Center
Community Hospital of San Bernardino, a
California nonprofit public benefit corporation
PrintedName:Oa AJ !d k\Jt\ k1S'
Titlo \IP Ir~ Date: ·2-J 2-{)_____tj_
[210782]. l 097300

CONTRACTOR
PrintedName: ANu1ZilA /'11t.t...l'Z/Z
Title: _ _.:=-c=-...:...-''----'-/11_.::_ ,_/,;tt.....::::..: ~ 1..:: 1 ..:.... / =-- { . ____ _ Date: :2. - If - I 2

Page 2 ends

Packet Page 000715
Part I

INDEPENDENT CONTRACTOR AGREEMENT (NON-CLINICAL LF)

DIGNITY HEAL TH TERMS AND CONDITIONS

1. CONTRACTOR'S OBLIGATIONS

1.1 Services. Contractor and/or employees or agents of Contractor ("Personnef') shall perform the services set forth in Part II (the "Services") in accordance with the terms of this Agreement.

1.3 Warranties. Contractor represents and warrants that:
a. Contractor and Personnel, if applicable, have and shall maintain all licenses and certifications necessary to do business and perfonn the Services in the State. Contractor shall provide Affiliate with a copy of such license(s) upon request and shall promptly notify Affiliate in the event of any limitation or loss of such license(s) and certification(s ).
b. Contractor represents and warrants that Contractor and Personnel are not and at no time have been excluded from participating in Medicare, Medicaid, or any other Federal healthcare program, as defined at 42 U .S.C. Section l 320a-7b(f) (each, a " Federal Healthcare Program"). Contractor shall within 30 days prior to the Effective Date and no less than monthly thereafter check the OIG List of Excluded Contractors and the General Services Administration list of pa1iies excluded from participation in Federal Healthcare Programs to ensure that neither Contractor nor any Personnel appear on said lists. Contractor shall immediately notify Affiliate of any threatened or actual exclusion from any Federal Healthcare Program. In the event that Contractor or any Personnel is excluded from participating in any Federal Healthcare Program, this Agreement shall automatically terminate as of the date of such exclusion (unless such Personnel is immediately removed from performing Services under this Agreement). Contractor shall indemnify and hold harmless Affil iate for, from, and against any and all claims, liabilities, losses, damages, penalties, and costs, including reasonable attorneys' fees and costs, incurred by Affiliate arising directly or indirectly, out of any violation of this Section by Contractor, or due to the exclusion of Contractor or any Personnel from any Federal Healthcare Program.
c. Contractor represents and warrants that prior to the Effective Date, Contractor conducted background screenings and Contractor and Personnel successfully passed in accordance with the standards required by Law and consistent with the California Background Investigation Manual. Contractor shall provide proof of compliance with this Section prior to commencing Services and no less than annually thereafter. d. No doctor of medicine, osteopathy, podiatry, optometry, dentistry, or chiropractic (or any immediate family member thereof) possesses any form of ownership or investment interest in Contractor. Contractor has no compensation arrangement with any of the aforementioned medical professionals that in any way varies based upon the value or volume of referrals or other business generated by such medical professional (or any immediate family member) to Affiliate.

1.4 Laws and Standards. Contractor shall comply with the following, as amended from time to time, to the extent applicable to the provision of Services under this Agreement: (a) Affiliate 's corporate integrity program and any Dignity Health Corporate Integrity Agreement(s); (b) Dignity Health's Standards of Conduct; (c) all applicable federal, state, and local laws and regulations (collectively, "Laws"); and (d) the policies, procedures, and rules of Affiliate (the "Affiliate Rules" ).

1.5 Medicare Records. To the extent required by Laws, Contractor shall make available, upon written request from Affiliate, the Secretary of Health and Human Services, the Comptroller General of the United States, or any other authorized agency, this Agreement and Contractor's books, documents, and records ("Contractor's Records").

Contractor shall preserve and make available Contractor's Records for a period of four years after the end of the term of this Agreement. If Contractor is requested to disclose Contractor's Records pursuant to this Section, Contractor [210782]. l 097300 Page 3 of9
Packet Page 000716
shall notify Affiliate of the nature and scope of such request, and Contractor shall make available to Affiliate all such Contractor's Records.

1.6 Use of Affiliate's Premises. Contractor shall not use any part of the Affiliate's premises as an office for private business. Contractor and Personnel shall only enter those areas of Affiliate 's facility that are necessary for the performance of Contractor's Services.

1. 7 Health Screening and Immunization. If the provision of Services requires Contractor and/or Personnel to be present in patient care areas or to have direct contact with patients, Contractor, at Contractor's expense, shall assure that Contractor and all Personnel have met all health screening and immunization requirements in accordance with Affiliate's policies prior to providing Services. If applicable, Contactor shall provide written documentation of compliance with this Section prior to commencing Services and at least annually thereafter.

2. COMPENSATION

2.1 Reports. Contractor shall submit to Affiliate, on a periodic basis, a report in a form reasonably acceptable to Affiliate that accurately documents Services provided by Contractor (the "Report').

2.2 Pavment. Affiliate shall, within 30 days after receiving an undisputed Report, pay to Contractor the fees set forth in Part II for Services performed by Contractor.

2.3 Sole Compensation. Contractor agrees that the compensation, as specified above, is the sole and exclusive compensation for Services provided pursuant to this Agreement.

3. TERMINATION

3. I Termination Without Cause. Each Party may tetminate this Agreement without cause, expense, or penalty effective upon expiration of the number of days' prior written notice set forth in Section F of the Key Informational Terms above.

3.2 Termination Upon Breach. Each Party may terminate this Agreement upon any breach by the other Party if such breach is not cured to the satisfaction of the non-breaching Party within 15 days after written notice of such breach is given by the non-breaching Party.

3.3 Effect of Termination or Expiration. Upon termination or expiration of this Agreement, all rights and obligations of the Parties shall cease except those rights and obligations that have accrued and remain unsatisfied prior to the date of termination or expiration, and those rights and obligations that expressly survive termination or expiration of this Agreement. The followi ng Sections of this Part I shall survive expiration or termination of the Agreement: 1.5 (Medicare Records), 4 (Protected Information), 5 (Insurance and Indemnification), 6.3 (Dispute Resolution), and 6.8 (Notices).

4. PROTECTED INFORMATION

4.1 HIPAA. Contractor shall comply with the HIPAA provision set forth in Part III.

4.2 Confidential Information. Contractor shall not use or disclose any Confidential Information (as defined below) for any purpose not expressly permitted by this Agreement without the prior written consent of Affiliate.

Contractor shall protect Confidential Information from unauthorized use, access, or disclosure with no less than reasonable care. "Confidential Information" means any proprietary or confidential information of Affiliate or any other Dignity Health affiliate, any Affiliate patient's protected health infotmation, as defined by HIPAA, and any information, records, and proceedings of Affiliate and/or Medical Staff committees and peer review bodies.

Confidential Information also includes proprietary or confidential information of any third party that may be in Affiliate 's possession.

4.3 Work Product. Contractor acknowledges and agrees that Affiliate shall have sole title to and exclusive ownership of all reports, deliverables, and other work product (collectively the "Work Product'). The Work Product shall be deemed a "work made for hire" as that term is defined under Section IO 1 of the U.S. Copyright Act and Affiliate shall be considered the person for whom the work was prepared for the purpose of determining authorship of any copyright in the Work Product. To the extent a Work Product is not a work made for hire under U.S law or any (2 I 0782]. l 097300 Page 4 of9
Packet Page 000717
other jurisdiction, Contractor hereby assigns all right, title, and interest in the Work Product to Affiliate and retains no interest therein. Contractor agrees to execute any instruments requested by Affiliate during or after completion of the Services to (i) transfer to Affiliate any rights Contractor may retain in the Work Product, and (ii) enable Affiliate perfect its rights, title, and interest in the Work Product. For purposes of this section, police reports and other investigative documents completed by Officers during the course of their duties shall not be construed as Work Product.

5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Requirements. Contractor shall comply with the insurance requirements set forth in Part JV of this Agreement.

5.2 Mutual Indemnification. Each Party shall indemnify and hold the other Party harmless for, from, and against any and all claims, liabilities, losses, damages, penalties, and costs, including reasonable attorneys' fees and costs, incurred by the indemnified Party and arising out of or resulting from the negligent or willful acts or omissions or breach of this Agreement by the indemnifying Party or the indemnifying Party's employees or agents.

6. MISCELLANEOUS PROVISIONS

6.1 Assignment. Contractor may not assign Contractor's rights or obligations under this Agreement without Affiliate's prior written consent.

6.3 Entire Agreement, Amendment. This Agreement is the entire understanding and agreement of the Parties regarding its subject matter, and supersedes any prior oral or written agreements, representations, or discussions between the Parties with respect to such subject matter. This Agreement may be amended only by mutual agreement set forth in writing, signed, and dated by the Parties.

6.4 Independent Contractor. The Parties shall at all times be independent contractors in performing under this Agreement.

6.5 No Conflicting Obligations. Contractor represents and warrants that it is not a party to any arrangement that may materially interfere with Contractor's obligations under this Agreement, and Contractor shall immediately notify Affiliate if Contractor becomes involved in any such arrangement.

6.6 Non-Discrimination. Contractor and Affiliate shall be in full compliance with Section 504 of the Rehabilitation Act of 1973, Titles VI and VII of the 1964 Civil Rights Act, and regulations issued pursuant thereto.

Neither Contractor nor Affiliate shall differentiate or discriminate in the provision of services on any basis prohibited by Laws or Affiliate Rules.

6. 7 Notices. Notices under this Agreement shall be given in writing and delivered by either: (a) personal delivery, in which case such notice shall be deemed given on the date of delivery; (b) next business day courier service (e.g., FedEx, UPS, or similar service), in which case such notice shall be deemed given on the business day following the date of deposit with the courier service; or (c) U.S. mail, first class, postage prepaid, registered or certified, return receipt requested, in which case such notice shall be deemed given on the third business day following the date of deposit with the United States Postal Service. Notices shall be delivered to the notice addresses set forth in the Key Information Terms above.

6.8 Referrals. Nothing in this Agreement or in any other written or oral agreement between Affiliate and Contractor contemplates or requires the admission or referral of any patients or business to Affiliate or any affiliate of Affiliate.

6.9 Waiver. No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of such provision or any other provision. Any waiver granted by a Party must be in writing and shall apply solely to the specific instance expressly stated.
[210782].1097300 Page 5 of9
Packet Page 000718

6.10 Title 22 Compliance. If Affiliate is an acute care hospital located in California only: Without limiting the obligations of Contractor, Affiliate shall retain administrative responsibility for its operation, as required by Title 22, California Code of Regulations, Section 70713.

6.11 California Non-resident Withholding. For Services rendered in California by nonresident Contractors only:

Contractor shall, prior to commencing Services, complete all documentation requested by Affiliate in order to assist Affiliate's compliance with California tax withholding requirements, including California Revenue and Taxation Code Section 18662. Such documentation may include: (i) California Franchise Tax Board Fotm 587 (Nonresident Withholding Allocation Worksheet), or (ii) California Franchise Tax Board Form 590 (Withholding Exemption Certificate). Contractor shall be solely responsible for filing California tax returns and the satisfaction of any taxes due with respect to payments under this Agreement. Contractor acknowledges that Affiliate is entitled to rely on the certifications provided in Form 587 or Form 590 and hereby releases Affiliate from any liability with respect to any withholdings paid to the California Franchise Tax Board; except to the extent any withholdings are refunded to Affiliate. Contractor shall promptly notify Affiliate of the change of any reported facts that are part of Form 587 or Form 590, and shall provide Affiliate with an updated Form.

6.12 Venue. This Agreement is governed by and is to be interpreted in accordance with the laws of the State of California without regard to any conflict of law provisions if and as applicable. Venue shall be in San Bernardino County or, if applicable, the Eastern Division of the Central District of California of the United States District Court.

6.13 Severabilitv. Each provision, term, condition, covenant and/or restriction, in whole and in part, of this Agreement shall be considered severable. ln the event any provision, term, condition, covenant and/or restriction, in whole and/or in part, of this Agreement is declared invalid, unconstitutional, or void for any reason, such provision or part thereof shall be severed from this Agreement and shall not affect any other provision, term, condition, covenant and/or restriction of this Agreement, and the remainder of the Agreement shall continue in full force and effect.

6.14 Authority. The individuals executing this Agreement and the instruments referenced herein on behalf of the Parties each represent and warrant that they have the legal power, right, and actual authority to bind the applicable Party to the terms and conditions hereof and thereof.

6.15 Interpretation. The Parties acknowledge and agree that this Agreement is the product of mutual arms-length negotiations and accordingly, the rule of construction, which provides that the ambiguities in a document shall be construed against the drafter of that document, shall have no application to the interpretation and enforcement of this Agreement. Titles and captions are for convenience of reference only and do not define, describe, or limit the scope or the intent of the Agreement or any of its terms. References to section numbers are to sections in the Agreement unless expressly stated otherwise.

6.16 No Third Partv Beneficiaries. The Parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement.

7. ADDITIONAL PROVISIONS

7.1 Contractor and the City of San Bernardino Police Department ("Police Department") shall obtain Hospital 's prior written consent of the text of any proposed publicity concerning the Neighborhood Policing Program ("Program") prior to the release of such publicity. Hospital may include information regarding this Program, including the amount and purpose of the Program, any photographs provided by Contractor or Police Department, its logo or trademark, or other information or materials about Police Department's organizations and activities, in Hospital 's periodic public reports, newsletters, and news releases as approved by the City of San Bernardino City Manager.

7.2 In addition to the obligations under this Agreement, at all times when performing services under the Program, police officers shall be subject to and required to comply with the rules and regulations of Police Department, including use of force.

7.3 The use of the Police Department or City of San Bernardino logo requires prior written approval by the Contractor.

7.4 All Police Department employees abide by the Law Enforcement Code of Ethics and all Police Department policies and procedures.
(2 l 0782]. l 097300 Page 6 of9
Packet Page 000719
Part II

INDEPENDENT CONTRACTOR AGREEMENT

SERVICES AND FEES
a. Description of Services. Contractor shall cause the City of San Bernardino Police Department ("Police Department" ) to provide the Services:
(! ) Program Goals. The goal of the Neighborhood Policing Program ("Program") is to implement a comprehensive facility policing program with Hospital.
(2) Program Objectives and Deliverables.
b. Fees.
o Police Department shall provide two (2) full-time Officers such that one (I) full-time Officer will be stationed at each Hospital's emergency department a minimum of four (4) days a week for a total of 40 hours weekly, Thursday through Sunday, at a timeframe to be mutually determined by the Parties. Officers will dedicate all of their time on the Hospital campuses in the emergency department waiting rooms or as otherwise mutually agreed upon by Hospital and Police Department.
o Police Department will provide periodic training seminars to enhance personal safety and awareness as mutually agreed to by Police Department and each Hospital in writing. o Police Depaiiment will assist Hospitals' security staff in providing police services for the Hospitals' campuses and immediate area.
o At Hospital 's reasonable request, Police Department shall promptly remove an Officer providing services under this Program and replace him or her with another Officer reasonably acceptable to Hospital.

I. Affil iate agrees to compensate Contractor in the amount not to exceed $200,000 annually per fulltime Officer, which amount shall include any overtime expenditures. The compensation per fulltime Officer will be based on the seniority level of the Officer who provides the Services and will be billed quarterly.

2. Contractor shall invoice Affiliate on a fiscal year quarter basis (itemized by month). The compensation billed quarterly shall be prorated based on the number of days this Agreement is in effect in the case of any partial month or fiscal year quarter at the beginning or the end of the term of this Agreement. The first three (3) month fiscal year quarter shall commence on January 1, 2019 and continue through March 31, 2019. Contractor shall only invoice Affiliate for any applicable pro-rata period for a partial fiscal year quarter. Contractor shall submit an invoice to Affiliate at the end of each fiscal year quarter or applicable pro-rata period.

3. Any overtime expenditures that are directly related to the Services must be approved in advance by Affiliate. Such overtime expenditures will be calculated at 1.5 times the specific Officer's hourly salary, will be paid by Affiliate, and will be no greater than· Hourly Rate Overtime Hourly Rate
Effective August I , 20 18 $53 .21 $79.81
Effective August 1, 2019 $55.02 $82.53
Effective August 1, 2020 $56.90 $85.35
c. Reasonable Expenses. Affiliate shall reimburse Contractor for: (a) reasonable and necessary business expenses incurred in connection with the performance of the Services if: (i) Affiliate approves the expenses in writing, in advance; (ii) the expenses relate directly to Contractor's performance of Services; (iii) the expenses meet the requirements for reimbursement under the Affiliate Rules; and (iv) Contractor submits receipts to Affiliate within 60 days of incurring the expenses. [210782]. l 097300 Page 7 of 9
Packet Page 000720
Part III

INDEPENDENT CONTRACTOR AGREEMENT (NON-CLINICAL LF)

HIPAA COMPLIANCE
"Hf PAA" means the Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191 ), Title XIII of the American Recovery and Reinvestment Act of 2009 (Public Law 111 -005) and the rules, guidance and regulations promulgated thereunder, as amended from time to time, including 45 Code of Federal Regulations, Parts 160 and 164.

NO ACCESS TO PHI
The Parties acknowledge and agree that Contractor and Personnel shall neither have nor require access to or use of any of Affiliate's Sensitive Information (defined below) or protected health information ("PHI"), as such term is defined under HIPAA, for purposes of Contractor meeting its obligations hereunder. Accordingly, the Parties agree that neither Contractor nor Personnel shall have access to or use of any Sensitive Infotmation or PHI. Any action by Contractor or Personnel to access Sensitive Information or PHI shall be a material breach of this Agreement. To the extent that Contractor and Personnel receive any personal information from patients, including Sensitive Information or PHI, Contractor and Personnel shall treat such information as strictly confidential and shall not disclose such information (other than as required by law) to any third patiy. Contractor shall be solely liable for any violations of privacy laws by Contractor and Personnel. "Sensitive Information" includes any information in any form that identifies, relates to, describes, or is capable of being associated with a particular individual and that is not generally available to the public, such as social security number, employee identification number, tax identification number, passport number, driver's license or state identification card number, insurance policy number, employment histoty, bank account number, credit card number, debit card number or any financial information. The terms of this Part ITI shall survive termination or expiration of this Agreement. [210782]. l 097300 Page 8 of9
Packet Page 000721
Part IV

INDEPENDENT CONTRACTOR AGREEMENT (NON-CLINICAL LF)

INSURANCE REQUIREMENTS
Contractor shall obtain and continuously maintain during the term hereof and for not less than three (3) years following the Expiration Date or earlier termination of this Agreement the following insurance coverages naming Contractor and Personnel as named insureds:
a) Commercial and general liability insurance with a limit of not less than $1 ,000,000 per occurrence and $3,000,000 annual aggregate.
b) Workers' Compensation insurance, as required by Laws. c) Employer's liability insurance with a limit of not less than $1 ,000,000 for each occurrence. d) Business automobile liability insurance covering hired, owned and non-owned vehicles used to provide Services under the Agreement, if applicable, with a limit of not less than $1 ,000,000 for each occurrence. e) Errors and omissions insurance with a limit ofnot less than $1 ,000,000 per occurrence and $3,000,000 annual aggregate.

Contractor shall provide Affiliate with certificates of insurance prior to the Effective Date and as of each annual renewal during the term of this Agreement. In the event of any modification, termination, expiration, non-renewal or cancellation of any of such insurance policy, Contractor shall give written notice thereof to Affiliate not more than ten ( l 0) days following Contractor's receipt of such notification. Contractor may meet the obligations of this Part IV by being self-insured.
[210782] .1097300 Page 9 of9
Packet Page 000722
Resolution No. 2019- 8
RESOLUTION NO. 2019- 8

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,
AMENDING THE ADOPTED FY 2018/ 19 BUDGET TO

INCREASE POLICE PERSONNEL AND FOR THE

BUDGET TRANSFERS AS DETAILED IN THE STAFF

REPORT, AND AUTHORIZING THE CITY MANAGER TO

EXECUTE AN AGREEMENT BETWEEN DIGNITY

HEALTH FOR POLICE SERVICES AT TWO LOCATIONS
WHEREAS, on November 1, 2017, the Mayor and City Council adopted Resolution 2017- 214, authorizing the City Manager to accept the San Manuel Community Credit Fund Restricted Grant in the amount of $4,200, 000 through 2020 and to amend the Adopted FY 2017/ 18 Budget by $1, 800,000; and
WHEREAS, the acceptance of funding was used to increase policy visibility in the community surrounding the San Manuel Indiana Reservation in accordance with the Agreement attached as Exhibit A; and
WHEREAS, as overall SBPD staffing improved, additional sworn and non -sworn personnel shall be assigned exclusively to the Defined Area for the duration of the Agreement, attached herein as Exhibit A.

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. The Director of Finance is authorized to amend the Adopted FY 2018/ 19 Budget to increase police personnel and for the budget transfers as detailed in the staff report.

SECTION 3. That the City Manager is hereby authorized and directed to execute the attached Agreement with Dignity Health on behalfofthe City.

SECTION 4. That 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 5. Severability. If any provision ofthis 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.

Packet Page 000723
Resolution No. 2019- 8
SECTION 6. 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 16'
h
day of Jan ary 2019.
r
John Valdivia, Mayor
City ofSan Bernardino
Attest:-
George0% Hanna, MMC, City Clerk
Approved as to form:
6 5;4, a . —...

Gary D. Saenz, City Attorney
Packet Page 000724
Resolution No. 2019- 8

CERTIFICATION

STATE OF CALIFORNIA)
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO)
I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2019- 8 adopted at a regular meeting held at the Ie day of January 2019 by the following vote:

Council Members: AYES NAYS
SANCHEZ 6_
IBARRA _ )
VACANT

SHORETT X
NICKEL x

RICHARD X
MULVI14 LL C

ABSTAIN ABSENT
WITNESS my hand and official seal ofthe City of San Bernardino this 16fi'-
day ofJanes 2019.

Georgeai Hanna, MM ,' City Clerk
Packet Page 000725

ORIGINAL

INDEPENDENT CONTRACTOR AGREEMENT
Neighborhood Policing Program Services
THIS INDEPENDENT CONTRACTOR AGREEMENT (" Agreement') is made and entered into by and between the Dignity Health affiliated entities identified in the Key Informational Terms below ( each and collectively, an Affiliate" or " Hospital"), and the independent contractor identified in the Key Informational Terms below Contractor"). Contractor and Affiliate ( each a " Party" and collectively the " Parties") agree as follows:

KEY INFORMATIONAL TERMS
A. Dignity Health Affiliates .

Dignity Health, a California nonprofit public
benefit corporation, doing business as St.

Bernardine Medical Center
Community Hospital of San Bernardino, a
California nonprofit public benefit corporation
State in which Affiliates are located: California
State")
C. Contractor' s Name and Description.

City of San Bernardino, a charter city and
municipal corporation, on behalf of the City of
San Bernardino Police Department
B. Affiliate Notice Address.

St. Bernardine Medical Center
2101 North Waterman Avenue
San Bernardino, California 9? 404
Community Hospital of San Bernardino
1805 Medical Center Drive
San Bernardino, California 92411
Copy to: Dignity Health Legal Department
185 Berry Street, Suite 300
San Francisco, CA 94107
D. Contractor' s Notice Address.
710 North D Street
San Bernardino, California 92401
Copy to: City of San Bernardino
290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
E. Term. This Agreement commences on January 1, F. Without Cause Termination. Number of days' 2019 ( the " Effective Date") and expires on notice required for without cause termination: 180 December 31, 2021 ( the " Expiration Date").

G. Parts. This Agreement is comprised of the H.
following parts:
i) Part I Dignity Health Terms and Conditions.
ii) Part II Services and Fees.
iii) Part IH FIIPAA Compliance.
iv) Part IV Insurance Requirements
HIPAA Terms and Conditions. As set forth in Part
III HlPAA Compliance, the Parties agree that the
following HIPAA Terms and Conditions apply to
this Agreement:

Contractor shall not have access to protected
health information (" PHP') under this
Agreement.

Contractor shall be treated as a member of
Affiliate' s workforce for purposes ofHiPAA
compliance.

Contractor shall be a business associate of
Affiliate.
210782]. 1097300 Page 1 of 9
Packet Page 000726
IN WITNESS WHEREOF, this Agreement has been executed by and on behalf ofthe Parties.

AFFILIATE
Dignity Health, a California nonprofit public benefit
corporation, doing business as St. Bernardine
Medical Center
Printed Name: 1 1 1
Title:

Date:

Community Hospital of San Bernardino,
California nonprofit public benefit corporation

CONTRACTOR
City of San Bernardino, a charter city and municipal
corporatio
Printed Name:

Title: C17, `'' 14ANA6I5 rZ
Date:
10782]. 1097300 Page 2 of 9
Packet Page 000727
Part I

INDEPENDENT CONTRACTOR AGREEMENT ( NON - CLINICAL LF)

DIGNITY HEALTH TERMS AND CONDITIONS

1. CONTRACTOR' S OBLIGATIONS

1. 1 Services. Contractor and/ or employees or agents of Contractor (" Personnel") shall perform the services set forth in Part R ( the " Serpices") in accordance with the terms of this Agreement.

1. 2 Time and Manner of Performance. Contractor shall ensure that only fully qualified Personnel perform Services under this Agreement, and such Personnel shall perform Services diligently and in a timely manner, according to the highest applicable standards. Affiliate reserves the right to refuse to use any Personnel assigned to provide Services under this Agreement and to have removed from its premises any Personnel. 13 Warranties. Contractor represents and warrants that:
a. Contractor and Personnel, if applicable, have and shall maintain all licenses and certifications necessary to do business and perform the Services in the State. Contractor shall provide Affiliate with a copy of such license( s) upon request and shall promptly notify Affiliate in the event of any limitation or loss of such license( s) and certification( s).
b. Contractor represents and warrants that Contractor and Personnel are not and at no time have been excluded from participating in Medicare, Medicaid, or any other Federal healthcare program, as defined at 42 U.S.C. Section 1320a- 7b( i) (each, a " Federal Healthcare Program"). Contractor shall within 30 days prior to the Effective Date and no less than monthly thereafter check the OIG List ofExcluded Contractors and the General Services Administration list of parties excluded from participation in Federal Healthcare Programs to ensure that neither Contractor nor any Personnel appear on said lists. Contractor shall immediately notify Affiliate of any threatened or actual exclusion from any Federal Healthcare Program. In the event that Contractor or any Personnel is excluded from participating in any Federal Healthcare Program, this Agreement shall automatically terminate as of the date of such exclusion ( unless such Personnel is immediately removed from performing Services under this Agreement). Contractor shall indemnify and hold harmless Affiliate for, from, and against any and all claims, liabilities, losses, damages, penalties, and costs, including reasonable attorneys' fees and costs, incurred by Affiliate arising directly or indirectly, out of any violation of this Section by Contractor, or due to the exclusion of Contractor or any Personnel from any Federal Healthcare Program.
c. Contractor represents and warrants that prior to the Effective Date, Contractor conducted background screenings and Contractor and Personnel successfully passed in accordance with the standards required by Law and consistent with the California Background Investigation Manual. Contractor shall provide proof of compliance with this Section prior to commencing Services and no less than annually thereafter. d. No doctor of medicine, osteopathy, podiatry, optometry, dentistry, or chiropractic ( or any immediate family member thereof) possesses any form of ownership or investment interest in Contractor. Contractor has no compensation arrangement with any of the aforementioned medical professionals that in any way varies based upon the value or volume of referrals or other business generated by such medical professional ( or any immediate family member) to Affiliate.

1. 4 Laws and Standards. Contractor shall comply with the following, as amended from time to time, to the extent applicable to the provision of Services under this Agreement: ( a) Affiliate' s corporate integrity program and any Dignity Health Corporate Integrity Agreement( s); ( b) Dignity Health' s Standards of Conduct; ( c) all applicable federal, state, -and local laws and regulations ( collectively, " Laws"); and ( d) the policies, procedures, and rules of Affiliate ( the " A) iliate Rules").

1. 5 Medicare Records. To the extent required by Laws, Contractor shall make available, upon written request from Affiliate, the Secretary of Health and Human Services, the Comptroller General of the United States, or any other authorized agency, this Agreement and Contractor' s books, documents, and records (" Contractor' s Records").

Contractor shall preserve and make available Contractor' s Records for a period of four years after the end of the term of this Agreement. If Contractor is requested to disclose Contractor' s Records pursuant to this Section, Contractor 210782]. 1097300 Page 3 of 9
Packet Page 000728
shall notify Affiliate of the nature and scope of such request, and Contractor shall make available to Affiliate all such Contractor' s Records.

1. 6 Use of Affiliate' s Premises. Contractor shall not use any part of the Affiliate' s premises as an office for private business. Contractor and Personnel shall only enter those areas ofAffiliate' s facility that are necessary for the performance of Contractor' s Services.

1. 7 Health Screening and Immunization. If the provision of Services requires Contractor and/ or Personnel to be present in patient care areas or to have direct contact with patients, Contractor, at Contractor' s expense, shall assure that Contractor and all Personnel have met all health screening and immunization requirements in accordance with Affiliate' s policies prior to providing Services. If applicable, Contactor shall provide written documentation of compliance with this Section prior to commencing Services and at least annually thereafter.

2. COMPENSATION

2. 1 Reports. Contractor shall submit to Affiliate, on a periodic basis, a report in a form reasonably acceptable to Affiliate that accurately documents Services provided by Contractor (the "Report').

2.2 Payment. Affiliate shall, within 30 days after receiving an undisputed Report, pay to Contractor the fees set forth in Part II for Services performed by Contractor.

2. 3 Sole Compensation. Contractor agrees that the compensation, as specified above, is the sole and exclusive compensation for Services provided pursuant to this Agreement.

3. TERMINATION

3. 1 Termination Without Cause. Each Party may terminate this Agreement without cause, expense, or penalty effective upon expiration of the number of days' .prior written notice set forth in Section F of the Key Informational Terms above.

3. 2 Termination Upon Breach. Each Party may terminate this Agreement upon any breach by the other Party if such breach is not cured to the satisfaction of the non -breaching Party within 15 days after written notice of such breach is given by the non -breaching Party.

3. 3 Effect of Termination or Ex iration. Upon termination or expiration of this Agreement, all rights and obligations of the Parties shall cease except those rights and obligations that have accrued and remain unsatisfied prior to the date of termination or expiration, and those rights and obligations that expressly survive termination or expiration of this Agreement. The following Sections of this Part I shall survive expiration or termination of the Agreement: 1. 5 ( Medicare Records), 4 ( Protected Information), 5 ( Insurance and Indemnification), 6. 3 ( Dispute Resolution), and 6. 8 ( Notices).

4. PROTECTED INFORMATION

4. 1 RIPAA. Contractor shall comply with the H1PAA provision set forth in Part III.

4.2 Confidential Information. Contractor shall not use or disclose any Confidential Information ( as defined below) for any purpose not expressly permitted by this Agreement without the prior written consent of Affiliate.

Contractor shall protect Confidential Information from unauthorized use, access, or disclosure with no less than reasonable care. " ConfadentW Information" means any proprietary or confidential information of Affiliate or any other Dignity Health affiliate, any Affiliate patient' s protected health information, as defined by H1PAA, and any information, records, and proceedings of Affiliate and/ or Medical Staff committees and peer review bodies.

Confidential Information also includes proprietary or confidential information of any third party that may be in Affiliate' s possession.
43 Work Product. Contractor acknowledges and agrees that Affiliate shall have sole title to and exclusive ownership of all reports, deliverables, and other work product ( collectively the " Work Produce'). The Work Product shall be deemed a " work made for hire" as that term is defined under Section 101 of the U.S. Copyright Act and Affiliate shall be considered the person for whom the work was prepared for the purpose of determining authorship of any copyright in the Work Product. To the extent a Work Product is not a work made for hire under U.S law or any 210782]. 1097300 Page 4 of 9
Packet Page 000729
other jurisdiction, Contractor hereby assigns all right, title, and interest in the Work Product to Affiliate and retains no interest therein. Contractor agrees to execute any instruments requested by Affiliate during or after completion of the Services to ( i) transfer to Affiliate any rights Contractor may retain in the Work Product, and ( ii) enable Affiliate perfect its rights, title, and interest in the Work Product. For purposes of this section, police reports and other investigative documents completed by Officers during the course of their duties shall not be construed as Work Product.

5. INSURANCE AND INDEMNIFICATION

5. 1 Insurance Requirements. Contractor shall comply with the insurance requirements set forth in Part IV of this Agreement.

5. 2 Mutual Indemnification. Each Party shall indemnify and hold the other Party harmless for, from, and against any and all claims, liabilities, losses, damages, penalties, and costs, including reasonable attorneys' fees and costs, incurred by the indemnified Party and arising out of or resulting from the negligent or willful acts or omissions or breach of this Agreement by the indemnifying Party or the indemnifying Party' s employees or agents.

6. MISCELLANEOUS PROVISIONS

6. 1 Assignment. Contractor may not assign Contractor' s rights or obligations under this Agreement without Affiliate' s prior written consent.

6. 2 Counterparts, Signatures. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. When signed in pen ink, this Agreement may be delivered by facsimile or by scanned email attachment, and said copies shall be treated as original. Amendments to this Agreement shall be similarly executed by the Parties. 63 Entire Agreement, Amendment. This Agreement is the entire understanding and agreement of the Parties regarding its subject matter, and supersedes any prior oral or written agreements, representations, or discussions between the Parties with respect to such subject matter. This Agreement may be amended only by mutual agreement set forth in writing, signed, and dated by the Parties.

6. 4 Independent Contractor. The Parties shall at all times be independent contractors in performing under this Agreement.

6. 5 No Conflicting Obligations. Contractor represents and warrants that it is not a party to any arrangement that may materially interfere with Contractor' s obligations under this Agreement, and Contractor shall immediately notify Affiliate if Contractor becomes involved in any such arrangement.

6. 6 Non -Discrimination. Contractor and Affiliate shall be in full compliance with Section 504 of the Rehabilitation Act of 1973, Titles VI and VII of the 1964 Civil Rights Act, and regulations issued pursuant thereto.

Neither Contractor nor Affiliate shall differentiate or discriminate in the provision of services on any basis prohibited by Laws or Affiliate Rules.

6. 7 Notices. Notices under this Agreement shall be given in writing and delivered by either: (a) personal delivery, in which case such notice shall be deemed given on the date of delivery; ( b) next business day courier service ( e.g., FedEx, LIPS, or similar service), in which case such notice shall be deemed given on the business day following the date of deposit with the courier service; or ( c) U. S. mail, first class, postage prepaid, registered or certified, return receipt requested, in which case such notice shall be deemed given on the third business day following the date of deposit with the United States Postal Service. Notices shall be delivered to the notice addresses set forth in the Key Information Terms above.

6. 8 Referrals. Nothing in this Agreement or in any other written or oral agreement between Affiliate and Contractor contemplates or requires the admission or referral of any patients or business to Affiliate or any affiliate of Affiliate.

6. 9 Waiver. No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of such provision or any other provision. Any waiver granted by a Party must be in writing and shall apply solely to the specific instance expressly stated.
210782]. 1097300 Page 5 of 9
Packet Page 000730

6. 10 Title 22 Comi3liance. If Affiliate is an acute care hospital located in California only: Without limiting the obligations of Contractor, Affiliate shall retain administrative responsibility for its operation, as required by Title 22, California Code of Regulations, Section 70713.

6. 11 California Non- resident Withholdin=. For Services rendered in California by nonresident Contractors only:

Contractor shall, prior to commencing Services, complete all documentation requested by Affiliate in order to assist Affiliate' s compliance with California tax withholding requirements, including California Revenue and Taxation Code Section 18662. Such documentation may include: ( i) California Franchise Tax Board Form 587 ( Nonresident Withholding Allocation Worksheet), or ( ii) California Franchise Tax Board Form 590 ( Withholding Exemption Certificate). Contractor shall be solely responsible for filing California tax returns and the satisfaction of any taxes due with respect to payments under this Agreement. Contractor acknowledges that Affiliate is entitled to rely on the certifications provided in Form 587 or Form 590 and hereby releases Affiliate from any liability with respect to any withholdings paid to the California Franchise Tax Board, except to the extent any withholdings are refunded to Affiliate. Contractor shall promptly notify Affiliate of the change of any reported facts that are part of Form 587 or Form 590, and shall provide Affiliate with an updated Form.

6. 12 Venue. This Agreement is governed by and is to be interpreted in accordance with the laws of the State of California without regard to any conflict of law provisions if and as applicable. Venue shall be in San Bernardino County or, if applicable, the Eastern Division of the Central District of California of the United States District Court.

6. 13 Severability. Each provision, term, condition, covenant and/ or restriction, in whole and in part, of this Agreement shall be considered severable. In the event any provision, term, condition, covenant and/or restriction, in whole and/ or in part, of this Agreement is declared invalid, unconstitutional, or void for any reason, such provision or part thereof shall be severed from this Agreement and shall not affect any other provision, term, condition, covenant and/ or restriction of this Agreement, and the remainder of the Agreement shall continue in full force and effect.

6. 14 Authority. The individuals executing this Agreement and the instruments referenced herein on behalf of the Parties each represent and warrant that they have the legal power, right, and actual authority to bind the applicable Party to the terms and conditions hereof and thereof.

6. 15 Interpretation rte. The Parties acknowledge and agree thatthis Agreement is the product of mutual arms -length negotiations and accordingly, the rule of construction, which provides that the ambiguities in a document shall be construed against the drafter of that document, shall have no application to the interpretation and enforcement of this Agreement. Titles and captions are for convenience ofreference only and do not define, describe, or I im it the scope or the intent of the Agreement or any of its terms. References to section numbers are to sections in the Agreement unless expressly stated otherwise.

6. 16 No Third Party Beneficiaries. The Parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement.

7. ADDITIONAL PROVISIONS

7. 1 Contractor and the City of San Bernardino Police Department C Po&ceDepartmenf') shall obtain Hospital' s prior written consent of the text of any proposed publicity concerning the Neighborhood Policing Program Program") prior to the release of such publicity. Hospital may include information regarding this Program, including the amount and purpose ofthe Program, any photographs provided by Contractor or Police Department, its logo or trademark, or other information or materials about Police Department' s organizations and activities, in Hospital' s periodic public reports, newsletters, and news releases as approved by the City of San Bernardino City Manager.

7. 2 In addition to the obligations under this Agreement, at all times when performing services under the Program, police officers shall be subject to and required to comply with the rules and regulations of Police Department, including use of force. -

7.3 The use ofthe Police Department or City ofSan Bernardino logo requires prior written approval by the Contractor.

7.4 All Police Department employees abide by the Law Enforcement Code of Ethics and all Police Department policies and procedures.
j210742]. 1097300 Page 6 of 9
Packet Page 000731
Part II

INDEPENDENT CONTRACTOR AGREEMENT

SERVICES AND FEES
a. Description of Services. Contractor shall cause the City of San Bernardino Police Department (" Police Department") to provide the Services:
1) Program Goals. The goal of the Neighborhood Policing Program (" Program") is to implement a comprehensive facility policing program with Hospital.
2) Program Objectives and Deliverables.
o Police Department shall provide two ( 2) full-time Officers such that one ( 1) full-time Officer will be stationed at each Hospital' s emergency department a minimum of four (4) days a week for a total of 40 hours weekly, Thursday through Sunday, at a timefiame to be mutually determined by the Parties. Officers will dedicate all of their time on the Hospital campuses in the emergency department waiting rooms or as otherwise mutually agreed upon by Hospital and Police Department.
o Police Department will provide periodic training seminars to enhance personal safety and awareness as mutually agreed to by Police Department and each Hospital in writing. o Police Department will assist Hospitals' security staff in providing police services for the Hospitals' campuses and immediate area.
o At Hospital' s reasonable request, Police Department shall promptly remove an Officer providing services under this Program and replace him or her with another Officer reasonably acceptable to Hospital.
b. Fees.

Affiliate agrees to compensate Contractor in the amount not to exceed $ 200, 000 annually per Ml - time Officer, which amount shall include any overtime expenditures. The compensation per fulltime Officer will be based on the seniority level of the Officer who provides the Services and will be billed quarterly.

2. Contractor shall invoice Affiliate on a fiscal year quarter basis ( itemized by month). The compensation billed quarterly shall be prorated based on the number of days this Agreement is in effect in the case of any partial month or fiscal year quarter at the beginning or the end ofthe term ofthis Agreement. The first three (3) month fiscal year quarter shall commence on January 1, 2019 and continue through March 31, 2019. Contractor shall only invoice Affiliate for any applicable pro -rata period for a partial fiscal year quarter. Contractor shall submit an invoice to Affiliate at the end of each fiscal year quarter or applicable pro -rata period.

Hourly Rate Overtime Hourly Rate
Effective Au" 1, 2018 $ 53. 21 79. 81
Effective August 1, 2019 $ 55. 02 82. 53
Effective August 1, 2020 $ 56. 90 85. 35
C. Reasonable Expenses. Affiliate shall reimburse Contractor for: ( a) reasonable and necessary business expenses incurred in connection with the performance of the Services if (i) Affiliate approves the expenses in writing, in advance; ( ii) the expenses relate directly to Contractor' s performance of Services; ( iii) the expenses meet the requirements for reimbursement under the Affiliate Rules; and ( iv) Contractor submits receipts to Affiliate within 60 days of incurring the expenses. 210782]. 1097300 Page 7 of 9
Packet Page 000732
Part III

INDEPENDENT CONTRACTOR AGREEMENT ( NON -CLINICAL LF)

HIPAA COMPLIANCE
HIPAA" means the Health Insurance Portability and Accountability Act of 1996 ( Public Law 104- 191), Title XIII of the American Recovery and Reinvestment Act of 2009 ( Public Law 111- 005) and the rules, guidance and regulations promulgated thereunder, as amended from time to time, including 45 Code ofFederal Regulations, Parts 160 and 164.

NO ACCESS TO PHI
The Parties acknowledge and agree that Contractor and Personnel shall neither have nor require access to or use of any of Affiliate' s Sensitive Information ( defined below) or protected health information (" PHI"), as such term is defined under HIPAA, for purposes of Contractor meeting its obligations hereunder. Accordingly, the Parties agree that neither Contractor nor Personnel shall have access to or use of any Sensitive Information or PHI. Any action by Contractor or Personnel to access Sensitive Information or PHI shall be a material breach ofthis Agreement. To the extent that Contractor and Personnel receive any personal information from patients, including Sensitive Information or PHI, Contractor and Personnel shall treat such information as strictly confidential and shall not disclose such information ( other than as required by law) to any third party. Contractor shall be solely liable for any violations of privacy laws by Contractor and Personnel. " Sensitive Information" includes any information in any form that identifies, relates to, describes, or is capable of being associated with a particular individual and that is not generally available to the public, such as social security number, employee identification number, tax identification number, passport number, driver' s license or state identification card number, insurance policy number, employment history, bank account number, credit card number, debit card number or any financial information. The terms of this Part III shall survive termination or expiration ofthis Agreement. 210782]. 10973041 Page 8 of 9
Packet Page 000733
Part IV

INDEPENDENT CONTRACTOR AGREEMENT ( NON -CLINICAL LF)

INSURANCE REQUIREMENTS
Contractor shall obtain and continuously maintain during the term hereof and for not less than three (3) years following the Expiration Date or earlier termination of this Agreement the following insurance coverages naming Contractor and Personnel as named insureds:
a) Commercial and general liability insurance with a limit of not less than $ 1, 000, 000 per occurrence and 3, 000, 000 annual aggregate.
b) Workers' Compensation insurance, as required by Laws. c) Employer' s liability insurance with a limit of not less than $ 1, 000, 000 for each occurrence. d) Business automobile liability insurance covering hired, owned and non -owned vehicles used to provide Services under the Agreement, if applicable, with a limit of not less than $ 1, 000, 000 for each occurrence. e) Errors and omissions insurance with a limit of not less than $ 1, 000, 000 per occurrence and $ 3, 000, 000 annual aggregate.

Contractor shall provide Affiliate with certificates of insurance prior to the Effective Date and as of each annual renewal during the term of this Agreement. In the event of any modification, termination, expiration, non -renewal or cancellation of any of such insurance policy, Contractor shall give written notice thereofto Affiliate not more than ten 10) days following Contractor' s receipt of such notification. Contractor may meet the obligations ofthis Part IV by being self-insured.
210782]. 1097300 Page 9 of 9
Packet Page 000734
Packet Page 000735
Packet Page 000736

22. Award of Construction Agreement for the Energy Efficiency & Conservation Grant Voucher Program Solar Retrofit in the amount of $249,590 to Retrofit Ornamental Light Poles with Solar-powered LED fixtures (All Wards) Recommendation:

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

1. Authorize the City Manager or designee to approve the award of an agreement with Sierra Pacific Electrical Contracting in the amount of $149,776 for the implementation of the Energy Efficiency and Conservation Grant (EECBG) Voucher Solar Retrofit 2024 project; and

2. Authorize the Director of Finance & Management Services to approve construction contingencies in the total amount of $99,814 for construction of the Project, for a total not to exceed project budget of $249,590; and

3. Authorize the City Manager or designee to execute all documents with Sierra Pacific Electrical Contracting; and

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

Packet Page 000737

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: January 15, 2024
To: Honorable Mayor and City Council Members
From: Rochelle Clayton, Acting City Manager;
Lynn Merrill, Director of Public Works
Department: Public Works
Subject: Award of Construction Agreement for the Energy Efficiency & Conservation Grant Voucher Program Solar
Retrofit in the amount of $249,590 to Retrofit Ornamental Light Poles with Solar-powered LED fixtures (All Wards) Recommendation:

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

3. Authorize the City Manager or designee to execute all documents with Sierra Pacific Electrical Contracting; and

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

Executive Summary
The City of San Bernardino has been awarded a $249,590 voucher grant through the federal Energy Efficiency and Conservation Block Grant (EECBG) program to support Packet Page 000738
energy efficiency and sustainability initiatives. This grant-funded project, which will not impact the General Fund, involves retrofitting ornamental light poles with solarpowered LED fixtures to reduce energy consumption and greenhouse gas emissions.

Following a competitive bidding process, staff recommend awarding the contract to Sierra Pacific Electrical Contracting as the lowest responsive and responsible bidder, with a base bid of $133,752.00 and a total of $149,776.00 including the optional Additive Alternate. The full grant amount of $249,590 will be utilized to ensure that all contract contingencies and additional project needs are fully funded.

Background
The Energy Efficiency and Conservation Block Grant (EECBG) program is a federally funded initiative aimed at promoting energy efficiency and sustainability within communities across the United States. Established under the Energy Independence and Security Act of 2007, the EECBG provides financial assistance to local governments, tribal governments, and states to support a variety of energy efficiency projects. These include energy-efficient lighting upgrades, building retrofits, renewable energy installations, and transportation enhancements. The program is designed to reduce energy consumption, greenhouse gas emissions, and utility costs, while simultaneously fostering economic growth, creating jobs, and mitigating the impacts of climate change at the local level.

To meet the statutory requirements of the EECBG program, local governments must submit an Energy Efficiency and Conservation Strategy (EECS) to the U.S.

Department of Energy (DOE). On November 28, 2023, the City of San Bernardino submitted its EECBG application, and in December 2023, the DOE formally approved the application, awarding the City 100% Federal funding in the amount of $249,590.

This funding is provided to the City on a reimbursement basis and does not require the City to contribute any matching funds to the project.

The primary goal of the EECBG program for the City is to retrofit more than 1,200 ornamental light fixtures to solar-powered LED fixtures. Given the fluctuating costs of solar-based technology, including batteries and solar panel components, the retrofitting process will occur over multiple funding cycles. Each cycle is anticipated to cover approximately 125 fixtures. As part of this initiative, City staff will evaluate all locations with ornamental light poles to determine their suitability for retrofitting. This evaluation will include assessments of exposure to direct sunlight and the potential for theft of existing or newly installed hardware.

The first phase of the EECBG project involves the retrofit of approximately 118 ornamental light fixtures as part of the Solar Retrofit 2024 initiative. This initial phase will replace existing fixtures with solar-powered LED fixtures, reducing energy consumption, greenhouse gas emissions, and utility costs for the City.

Through this effort, San Bernardino will ensure compliance with all grant policy guidelines and complete the project within the granting period, with a scheduled completion date of August 16, 2025, as outlined in the project timeline. This timeline Packet Page 000739
aligns with the two-year project and budget period for local governments, ensuring adherence to federal requirements. While recipients may request a no-cost time extension or modification to shorten the performance period, the City is committed to completing the project on time and maximizing the grant's impact within the specified timeframe.

Discussion
The EECBG Voucher Program - Solar Retrofit 2024 project involves retrofitting existing ornamental poles with new LED solar fixtures to enhance energy efficiency and sustainability in alignment with city goals. The project was advertised, and a competitive bidding process was conducted to secure the most cost-effective and qualified contractor.

The city received bids from six contractors, as detailed in the bid tabulation table. Each bidder submitted pricing for the base bid items and the additive alternate for additional lighting improvements. The results were analyzed for responsiveness, accuracy, and alignment with project requirements. Key findings from the bid evaluation are as follows:

Sierra Pacific Electrical Contracting submitted the lowest responsive bid for the EECBG Voucher Program - Solar Retrofit 2024 project, with a base bid of $133,752.00 and a combined total of $149,776.00, including Additive Alternate #1. Their bid was calculated accurately, matched the amount indicated in their submission, and complied fully with the bidding requirements. Sierra Pacific Electrical Contracting has a proven track record of successfully completing similar projects, further demonstrating their ability to deliver the work efficiently and reliably.

Horizon Lighting Inc., while initially appearing as a potential low bidder, was deemed non-responsive due to the absence of unit pricing, a mandatory component for consideration. Similarly, Crosstown Electrical & Data Inc. included a significant calculation error for Additive Alternate #1, resulting in an inflated total bid amount inconsistent with project requirements. The remaining bidders—Quality Light and Electrical, Elecnor Belco Electric Inc., and Blue-Collar Contractors—submitted bids ranging from $217,507.00 to $334,352.40 significantly higher than Sierra Pacific Electrical Contracting’s proposal. Therefore, Sierra Pacific Electrical Contracting’s selection as the lowest responsive and responsible bidder.

Please see the chart of the bids received below:

Bidder City Base Bid
Sierra Pacific Electrical Contracting Jurupa Valley, Ca $133,752.00 Horizon Lighting Inc. Irvine, Ca Non-responsive
Crosstown Electrical & Data Inc. Irwindale, Ca $163,189.00 Quality Light and Electrical Bloomington, Ca $217,507.00 Elecnor Belco Electrical Chino, Ca $244,888.00
Blue Collar Contractors Upland, Ca $334,352.00
Packet Page 000740
The scope of the project involves retrofitting existing ornamental light fixtures throughout the City with energy-efficient, solar-powered LED fixtures. The base work includes mobilization, the implementation of temporary traffic control, and the retrofit of 76 single ornamental poles with new LED solar fixtures using black tenon Type "S" adapters. It also includes retrofitting 26 double ornamental poles with new LED solar fixtures using black tenon Type "D" adapters and installing a project sign conforming to Caltrans standards RS1 and RS2.

The retrofits focus on "acorn poles," which are decorative streetlight poles with fixtures resembling an acorn, commonly found in historic districts and areas of architectural significance. These poles play a key role in preserving the aesthetic and historic character of the City while providing modern, sustainable lighting solutions.

As part of the project’s planning phase, City staff conducted an evaluation of various prototype fixtures to ensure the final design met both functional and aesthetic criteria.

This evaluation included a review of lighting output to meet safety and visibility requirements, as well as compatibility with the historic style of existing poles. The selected prototype balances these needs, ensuring the retrofit enhances the efficiency of the lighting system while maintaining the City’s architectural heritage.

Additionally, Additive Alternate #1, which involves retrofitting 16 single ornamental poles along E Street between 4th Street and 5th Street, with LED solar fixtures using black tenon Type "S" adapters, was also included in the bid. This optional work aims to enhance energy-efficient lighting in the area, improving visibility and safety while expanding sustainable infrastructure in the City.

Based on their competitive pricing, adherence to project specifications, and qualifications, staff recommend awarding the contract for the EECBG Voucher Program - Solar Retrofit 2024 project to Sierra Pacific Electrical Contracting. This project, funded entirely through the federal EECBG program, aligns with the City’s goals to reduce energy consumption, lower greenhouse gas emissions, and improve infrastructure sustainability.

The construction management and inspection (CMCI) services for the Solar Retrofit 2024 project will be performed in-house by City staff, eliminating the need to hire an external consultant. Utilizing existing staff for these roles allows the City to maintain direct oversight of the project while ensuring quality control and compliance with all grant requirements. This approach leverages the expertise of City personnel, reduces costs associated with hiring outside firms, and ensures the project remains within the allocated grant budget without impacting the General Fund. City staff are well-equipped to manage this project efficiently, ensuring successful and timely completion.

Project Budget details below:

Packet Page 000741

Project Timeline Below:

2021-2025 Strategic Targets and Goals
Authorizing the execution of this agreement aligns with Key Target No. 3: Improved Quality of Life. The completion of this project will improve the community’s quality of life by providing safe and well-maintained futsal field facilities.

Fiscal Impact
The City of San Bernardino has been awarded a $249,590 voucher grant through the federal Energy Efficiency and Conservation Block Grant (EECBG) program to fund the Solar Retrofit 2024 project. This grant is 100% federally funded and provided on a reimbursement basis, with no matching funds required from the City. As a result, this project will have no impact on the General Fund.

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

Grant Amount $249,590.00
Bid Amount $133,752.00
Add Alt. No. 1 $16,024.00
Contingency $99,814.00
Total $249,590.00
EECBG Grant Funding Details
Kickoff Meetingwithin 30
daysof Award
NoticetoProceed -Within
10 daysof kickoff meeting
Project PerformancePeriod
- 200Calendar Days
Estimated Completion Date
-August 16th, 2025
Packet Page 000742

3. Authorize the City Manager or designee to execute all documents with Sierra Pacific Electrical Contracting

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

Attachments
Attachment 1 – Agreement with Sierra Pacific Electrical Contracting Attachment 2 – Bid Tabulation
Attachment 3 – Bid Proposal
Attachment 4 – Location Map
Ward:

First, Second, Fifth, and Seventh Ward
Synopsis of Previous Council Actions:

March 20, 2024 Resolution No. 2024-058 Accepting the Energy Efficiency and Conservation Block Grant (EECBG).

Packet Page 000743
Packet Page 000744
Packet Page 000745
Packet Page 000746
Packet Page 000747
Packet Page 000748
Packet Page 000749
Packet Page 000750
Packet Page 000751
Packet Page 000752
Packet Page 000753
Packet Page 000754
Packet Page 000755
Packet Page 000756
Packet Page 000757
Packet Page 000758
Packet Page 000759
Packet Page 000760
Packet Page 000761
Packet Page 000762
Packet Page 000763
Packet Page 000764
Packet Page 000765
Packet Page 000766
Packet Page 000767
Packet Page 000768
Packet Page 000769
Packet Page 000770
Packet Page 000771
Packet Page 000772
Packet Page 000773
Packet Page 000774
Packet Page 000775
Packet Page 000776
Packet Page 000777
Packet Page 000778
Packet Page 000779
Packet Page 000780
Packet Page 000781
Packet Page 000782
Packet Page 000783
Packet Page 000784
Packet Page 000785
Packet Page 000786
Packet Page 000787
Packet Page 000788
Packet Page 000789
Packet Page 000790
Packet Page 000791
Packet Page 000792
Packet Page 000793
Packet Page 000794
Packet Page 000795
Packet Page 000796
Packet Page 000797
Packet Page 000798
Packet Page 000799
Packet Page 000800
Packet Page 000801
Packet Page 000802
Packet Page 000803
Packet Page 000804
Packet Page 000805
Packet Page 000806
Packet Page 000807
Packet Page 000808
Packet Page 000809
Packet Page 000810
Packet Page 000811
Packet Page 000812
Packet Page 000813
Packet Page 000814
Packet Page 000815
Packet Page 000816
Packet Page 000817
Packet Page 000818
Packet Page 000819
Packet Page 000820
Packet Page 000821
Packet Page 000822
Packet Page 000823
Packet Page 000824
Packet Page 000825
Packet Page 000826
Packet Page 000827
Packet Page 000828
Packet Page 000829
Packet Page 000830
Packet Page 000831
Packet Page 000832
Packet Page 000833
Packet Page 000834
Packet Page 000835
Packet Page 000836
Packet Page 000837
Packet Page 000838
Packet Page 000839
Packet Page 000840
Packet Page 000841
Packet Page 000842
Packet Page 000843
Packet Page 000844
Packet Page 000845
Packet Page 000846
Packet Page 000847
Packet Page 000848
Packet Page 000849
Packet Page 000850
Packet Page 000851
Packet Page 000852
Packet Page 000853
Packet Page 000854
Packet Page 000855
Packet Page 000856
Packet Page 000857
Packet Page 000858
Packet Page 000859
Packet Page 000860
Packet Page 000861
Packet Page 000862
Packet Page 000863
Packet Page 000864
Packet Page 000865
Packet Page 000866
Packet Page 000867
Packet Page 000868
Quantity Unit Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price

1.1 MOBILIZATION LS 1 $ 1,000.00 $1,000.00 $ - $0.00 $ 3,500.00 $3,500.00 $ 60,891.00 $60,891.00 $ 11,750.00 $11,750.00 $ 213,500.00 $213,500.00

1.2 TEMPORARY TRAFFIC CONTROL EA 1 $ 1,000.00 $1,000.00 $ - $0.00 $ 1,500.00 $1,500.00 $ 6,380.00 $6,380.00 $ 11,750.00 $11,750.00 $ 26,920.00 $26,920.00

1.3 RETROFIT AN EXISTING SINGLE ACORN POLE WITH ONE NEW LED SOLAR FIXUTRE WITH ONE NEW BLACK TENON TYPE “S”

ADAPTER
EA 76 $ 1,001.50 $76,114.00 $ - $0.00 $ 1,525.00 $115,900.00 $ 1,438.00 $109,288.00 $ 1,947.00 $147,972.00 $ 906.20 $68,871.20

1.4 RETROFIT AN EXISTING DOUBLE ACORN POLE WITH ONE

NEW LED SOLAR FIXUTRE WITH ONE NEW BLACK TENON
TYPE “D” ADAPTER
EA 26 $ 1,004.50 $26,117.00 $ - $0.00 $ 1,525.00 $39,650.00 $ 1,438.00 $37,388.00 $ 2,687.00 $69,862.00 $ 906.20 $23,561.20

1.5 PROJECT SIGN COMFORMING TO CALTRANS STANDARD RS1 & RS2 EA 1 $ 29,521.00 $29,521.00 $ - $0.00 $ 2,639.00 $2,639.00 $ 3,560.00 $3,560.00 $ 3,554.00 $3,554.00 $ 1,500.00 $1,500.00 Apparent Low Bidder 1 Apparent Low Bidder 2 Apparent Low Bidder 3 Apparent Low Bidder 4 Apparent Low Bidder 5 Apparent Low Bidder 6
$133,752.00 $0.00 $163,189.00 $217,507.00 $244,888.00 $334,352.40 $133,752.00 $163,165.54 $163,189.00 $217,507.00 $244,888.00 $241,920.00 $0.00 -$163,165.54 $0.00 $0.00 $0.00 $92,432.40

2.1 RETROFIT AN EXISTING SINGLE ACORN POLE WITH ONE NEW LED SOLAR FIXUTRE WITH ONE NEW BLACK TENON TYPE “S” ADAPTER.

ALONG E ST FROM 4TH ST TO 5TH ST.

EA 16
$ 1,001.50 $ 16,024.00 $ - $ - $ 1,525.00 $ 24,436,600.00 $ 2,031.00 $ 32,496.00 $ 1,947.00 $ 31,152.00 $ - $ - $16,024.00 $0.00 $24,436,600.00 $32,496.00 $31,152.00 $0.00 $149,776.00 $0.00 $24,599,789.00 $250,003.00 $276,040.00 $334,352.40

0.00% $0.00

NA NA NA NA NA NA
#DIV/0! $0.00 0.00% $0.00 0.00% $0.00 0.00% $0.00 0.00% $0.00 TOTAL $0.00
TOTAL $0.00 TOTAL $0.00 TOTAL $0.00 TOTAL $0.00 TOTAL $0.00

SUBCONTRACTORS

TOTAL BID AMOUNT CALCULATED BASED ON UNIT PRICES

IS THE BIDDER QUALIFIED BASED ON REFERENCE PROJECTS

CALCULATION CORRECTIONS TO BID AMOUNT SUBMITTED BY CONTRACTOR BASED ON CALCULATED BID AMOUNT
ADDITIVE ALTERNATE #1 (HUCHABAA FIELD LIGHTING)
ADDITIVE ALTERNATE #1 TOTAL
BASE BID + ADDITIVE ALTERNATVE #1
Apparent Low Bidder 3
Crosstown Electrical & Data Inc.

1. BID TABULATION
PROJECT NAME: EECBG Voucher Program – Solar Retrofit 2024 PROJECT NO: TC25-004
Bid Item and Description
Apparent Low Bidder 1
Sierra Pacific Electrical Contracting
Apparent Low Bidder 5
Elecnor Belco Electric Inc.

Apparent Low Bidder 2
Horizon Lighting Inc
(Non Responsive: Unit Prices blank) Quality Light and Electrical Apparent Low Bidder 4 Apparent Low Bidder 6
Blue Collar Contractors

BID RANKING
SUBCONTRACTOR % AND AMOUNT SHOWN IN THE BID
DID THE BIDDER MEET MAX 49% SUB CONTRACTOR (MIN 51% WORK BY PRIME CONTRACTOR) REQUIREMENT

TOTAL BID AMOUNT INDICATED BY BIDDER

BID TABULATION
S:\ENGINEERING\RFCA's\2024 All\12.18.24\EECBG Vocher\TC25-004 BID ANALYSISBID TABULATION 1 of 1 Packet Page 000869
Packet Page 000870
Packet Page 000871
Packet Page 000872
Packet Page 000873
Packet Page 000874
Packet Page 000875
Packet Page 000876
Packet Page 000877
Packet Page 000878
Packet Page 000879
Packet Page 000880
Packet Page 000881
Packet Page 000882
Packet Page 000883
Packet Page 000884
Packet Page 000885
Packet Page 000886
Packet Page 000887
Packet Page 000888
Packet Page 000889
Packet Page 000890
Packet Page 000891
Packet Page 000892
Packet Page 000893
Packet Page 000894
Packet Page 000895
Packet Page 000896
Packet Page 000897
Packet Page 000898
Packet Page 000899
Packet Page 000900
Packet Page 000901
Packet Page 000902
Packet Page 000903
Packet Page 000904
Packet Page 000905
Packet Page 000906
Location Map
Packet Page 000907
Packet Page 000908
Packet Page 000909
Packet Page 000910
Packet Page 000911
Packet Page 000912
Packet Page 000913
Packet Page 000914
Packet Page 000915
Packet Page 000916
Packet Page 000917

23. Award of Construction Agreement for Improvements at Gutierrez Park to Zeco Inc., and Authorize a Project Budget of $1,100,228.38 (Ward 6) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution 2025-016:

1. Approving the award of a Construction Agreement with Zeco Inc. in the amount of $887,224.55 for Improvements at Gutierrez Park (Project); and

2. Authorizing the construction contingencies, construction management, and administrative costs in the total amount of $177,444.91.

3. Authorizing the Director of Finance and Management Services to amend the FY 2024/25 CIP budget with an additional $100,228.38 from the AB 1600 Parkland and Op Fund to bring the total project budget to $1,100,228.38.

4. Authorizing the City Manager or designee to execute all documents with Zeco Inc.; and

5. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project.

6. Finding the Project exempt from the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines § 15302 (“Replacement or Reconstruction”).

Packet Page 000918

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: January 15, 2025
To: Honorable Mayor and City Council Members
From: Rochelle Clayton, Acting City Manager;
Lynn Merrill, Director of Public Works
Department: Public Works
Subject: Award of Construction Agreement for Improvements at Gutierrez Park to Zeco Inc., and Authorize a Project
Budget of $1,100,228.38 (Ward 6)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution 2025-016:

1. Approving the award of a Construction Agreement with Zeco Inc. in the amount of $887,224.55 for Improvements at Gutierrez Park (Project); and

2. Authorizing the construction contingencies, construction management, and administrative costs in the total amount of $177,444.91.

4. Authorizing the City Manager or designee to execute all documents with Zeco Inc.; and

5. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project.

6. Finding the Project exempt from the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines § 15302 (“Replacement or Reconstruction”).

Executive Summary
Packet Page 000919
Awarding the Agreement for construction of the Improvements at Gutierrez Park Project will foster increased opportunities for youth and adult sports activities, contributing to overall community well-being and creating a positive impact on public health and engagement. The Agreement would allow the City to issue Zeco Inc. a Notice to Proceed, initiating the process to construct the improvements. The agreement will include Zeco Inc. construction fee of $887,224.55. Additional funds are recommended for design contingencies in the amount of $177,444.91 The total cost of design and design contingencies is $1,064,669.46. The improvements at Gutierrez Park include replacing ballfield fences, paving and striping the parking lot, widening and adding sidewalks, constructing a new driveway approach, paving the bleacher area, adding team benches, installing new roofing on the concession building, and relocating the electrical stub-up for the concession building.

Background
The Gutierrez Park, located at the intersection of 14th Street and Mt. Vernon Avenue. It spans 1.98 acres and provides a variety of recreational amenities for the community. The park features a baseball diamond specifically designed for Little League games, providing a space for youth sports and recreational activities. In addition to the playing field, the park includes a concession stand and press box, supporting the needs of sports events and spectators. A playground area is also available for children, along with two picnic tables, offering space for family gatherings and outdoor relaxation. The park is equipped with a restroom facility to ensure convenience for visitors. These amenities make the park an important asset to the surrounding neighborhood, promoting physical activity, community engagement, and outdoor enjoyment for residents of all ages.

On May 15, 2024, the Mayor and City Council adopted the Fiscal Year 2024-25 Annual Action Plan for the Community Development Block Grant (CDBG), HOME Investment Partnership (HOME), and Emergency Solutions Grant (ESG) Programs.

These federal funding programs are designed to support the City’s efforts in addressing affordable housing, homelessness prevention, community development, and public services. The Annual Action Plan outlines how the City will allocate these funds to meet identified community needs and priorities for the upcoming fiscal year.

On September 18, 2024, the Mayor and City Council approved a funding agreement with the County of San Bernardino for $750,000 to support these improvements.

This funding will help finance necessary upgrades to the park's sports fields, including infrastructure enhancements and other critical improvements to enhance the community’s recreational opportunities. The approval of this agreement marks an important step in advancing the project and addressing the growing demand for upgraded park facilities in the area.

As part of the Fiscal Year 2024-25 Community Development Block Grant (CDBG) allocation, $250,000 has been designated for improvements at Gutierrez Park. This funding will be used for capital improvement projects to enhance the park’s facilities and provide a better environment for community activities. The goal of the CDBG Packet Page 000920
program is to support urban development by improving public spaces, increasing accessibility, and promoting economic opportunities for low- and moderate-income residents.

Gutierrez Park, as one of the City's public facilities, will benefit from these improvements, which will support recreational and social activities for the local community. This funding is part of a larger $1 million allocation for public facilities, which also includes similar improvements at Encanto Park and the Ruben Campos Community Center. The Gutierrez Park improvements are intended to enhance the overall experience for visitors and ensure that the park remains a valuable resource for all residents.

Discussion
The proposed improvements at the Gutierrez Park will focus on several key areas to enhance both the functionality and appearance of the facility. The project includes replacing the ballfield fences to ensure better safety and organization around the playing areas. Additionally, the parking lot will be repaved with asphalt and properly striped to improve traffic flow and parking capacity. To enhance accessibility and circulation, the existing sidewalk will be widened, new sidewalk sections will be added, and a new driveway approach will be installed. The bleachers area will also undergo concrete paving to provide a more durable and stable surface for spectators. To further improve the spectator experience, new team benches will be added. The concession building will receive a new roof to address maintenance concerns, and the location for the electrical stub-up will be relocated to optimize functionality for the concession stand. These improvements are designed to create a safer, more convenient, and accessible park environment for all users, while also addressing necessary upgrades to ensure the long-term viability of the facility.

Staff recommends authorizing the City Manager or their designee to execute all necessary documents with Zeco Inc., and to manage the project, including the expenditure of contingency funds if needed. These actions are necessary to ensure the successful completion of Gutierrez Park Improvement project, which will provide valuable community engagement opportunities at this park. The recommended actions are aimed at facilitating the timely and efficient progress of this project.

The Project was advertised for public bidding on November 13, 2024 on PlanetBids.

Three sealed bids were received and opened on December 4, 2024. The total base bid prices are as follows:

Staff has reviewed all bid packages and determined Zeco Inc. of Yorba Linda, CA, is the lowest responsible and responsive bidder with a total base bid amount of Bidder City Base Bid
US Builders and Consultants Irvine, CA $1,027,360.00
Kashan Group Torrence, CA $912,760.00
Zeco Inc. Yorba Linda. CA $887,224.55
Packet Page 000921
$887,224.55.

Initially, $250,000 was adopted from CDBG fund and an additional $750,000 was awarded from the San Bernardino County for this project. From this amount, several expenses have been deducted, including $13,360 for environmental review services provided by Ultrasystems Inc., $20,000 for labor compliance, and $2,198.92 for a Daily Journal advertisement. After accounting for these expenditures, the remaining available budget is $964,441.08.

The lowest bid received for the construction work is $887,224.55. Additionally, there is a contingency and administrative cost of $177,444.91 which covers unexpected expenses and project management. With these amounts added together, the total construction cost for the project is $1,064,669.46.

The remaining budget from the CDBG (Community Development Block Grant) and the award from San Bernardino County is $964,441.08. However, the total construction cost for the project is $1,064,669.46. There is a difference of $100,228.38 which represents the additional funding required to fully cover the construction costs.

To address this shortfall, Staff proposes this project be funded using three sources:
$250,000 from the CDBG (Community Development Block Grant), $750,000 from the Local Grants Fund, and $100,228.38 from the AB 1600 Parkland and Operations Fund.

Combined, these funds create a total project budget of $1,100,228.38, which will cover the entire cost of the project.

Cost
Adopted CDBG Budget $250,000.00
SB County Award $750,000.00
Environmental Review - Ultrasystems Inc ($13,360.00)
Estimated Labor Compliance ($20,000.00)
Advertisement - Daily Journal Corporation ($2,198.92)
Remaining Budget $964,441.08
Bid
Lowest Bid $887,224.55
Contingency & Administrative Cost $177,444.91
Total Construction Cost $1,064,669.46
Budget
Remaining Budget $964,441.08
Total Construction Cost $1,064,669.46
Additional Funding Required ($100,228.38)
Packet Page 000922
Below is the tentative construction schedule outlining the anticipated timeline and key milestones for this Project, emphasizing that it is subject to adjustments due to contingencies and unforeseen circumstances. The Contractor shall complete all work required by the Contract Documents within sixty (60) calendar days from the commencement date stated in the Notice to Proceed.

Environmental Impact
The Project is categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines Section 15302, Replacement or Reconstruction (“Class 2”). The Class 2 exemptions allow for the replacement or reconstruction of existing structures or facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. Here, the Project involves reconstructing the park facilities located on the same site.

The City has also considered whether the proposed Project is subject to any exception to the Class 2 exemption, as set forth in State CEQA Guidelines section 15300.2. No exception applies for the following reasons:
a) The location exception only applies to Class 3, 4, 5, 6, and 11 exemptions, none of which are being utilized here.

Mayor and City
Council Approval
1/15/2025
Contract Execution
& P.O Issuance
Feburary 2025
Pre-Construction
Meeting
March 2025
Notice to Proceed
March 2025
Construction Start
April 2025
Construction
Completed
June 2025
Proposed Budget
CDBG Fund $250,000.00
SB County Award $750,000.00
AB 1600 Parkland and Op Fund $100,228.38
Total Project Budget $1,100,228.38
Packet Page 000923
b) The proposed Project would not result in any significant cumulative impacts on the environment. The cumulative impacts exception does not apply because the Project has no
incrementally significant impacts on the environment.
c) A categorical exemption may be subject to an exception where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual
circumstances. The proposed Project does not involve any unusual circumstances and has no potential to result in a significant impact on the environment.
d) Under the “scenic highways” exception, a categorical exemption may be subject to an exception where the project may result in damage to scenic resources within a highway officially
designated as a state scenic highway. The exception does not apply here as the Project would not damage any scenic
resources within a state scenic highway.

e) The Project is not located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. f) The Project site does not contain a historical resource. 2021-2025 Strategic Targets and Goals
Authorizing the execution of this agreement aligns with the Key Target No. 3:

Improved Quality of Life. This project will enhance the community’s recreational amenities, providing safe, accessible, and well-maintained park facilities for residents.

Fiscal Impact
There is no General Fund impact associated with this action. The project will be funded using existing CDBG funding and an additional $100,228.38 from the AB 1600 Parkland and Op Fund.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution 2025-016:

1. Approving the award of a Construction Agreement with Zeco Inc. in the amount of $887,224.55 for Improvements at Gutierrez Park (Project); and

2. Authorizing the construction contingencies, construction management, and administrative costs in the total amount of $177,444.91.

Packet Page 000924

4. Authorizing the City Manager or designee to execute all documents with Zeco Inc.; and

5. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project.

6. Finding the Project exempt from the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines § 15302 (“Replacement or Reconstruction”).

Attachments
Attachment 1 Resolution No. 2025-016
Attachment 2 Agreement with Zeco Inc.

Attachment 3 Bid Tabulation
Attachment 4 Bid Proposal
Attachment 5 Location Map
Ward:

Sixth Ward
Synopsis of Previous Council Actions:

May 15, 2024 Adopt Fiscal Year 2024-25 Annual Action Plan for the Community Development Block Grant, HOME Investment
Partnership and Emergency Solutions Grant Programs (All Wards)
September 18, 2024 Approve $750,000 Funding Agreement with the County of San Bernardino for Gutierrez Park Field Improvements (Ward 6)
Packet Page 000925
Resolution No. 2025-016
Resolution 2025-016
January 15, 2025

Page 1 of 4 ends

RESOLUTION NO. 2025-016

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

APPROVING THE AWARD OF AN AGREEMENT WITH
ZECO INC. IN THE AMOUNT OF $887,224.55 FOR THE
IMPROVEMENTS AT GUTIERREZ PARK (PROJECT);

AUTHORIZING THE CONSTRUCTION CONTINGENCIES,

CONSTRUCTION MANAGEMENT, AND

ADMINISTRATIVE COSTS IN THE TOTAL AMOUNT OF
$177,444.91 FOR CONSTRUCTION OF THE PROJECT;

AUTHORIZING THE DIRECTOR OF FINANCE AND
MANAGEMENT SERVICES TO AMEND THE FY 2024/25
CIP BUDGET WITH AN ADDITIONAL $100,228.38 FROM
THE AB 1600 PARKLAND AND OP FUND TO BRING THE
TOTAL PROJECT BUDGET TO $1,100,228.38;

AUTHORIZING THE CITY MANAGER OR DESIGNEE TO
EXECUTE ALL DOCUMENTS WITH ZECO INC.;

AUTHORIZING THE CITY MANAGER OR DESIGNEE TO

EXPEND THE CONTINGENCY FUND, IF NECESSARY, TO
COMPLETE THE PROJECT; AND FINDING THE

PROJECT EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT PURSUANT TO STATE
CEQA GUIDELINES SECTION 15302 (“REPLACEMENT
OR RECONSTRUCTION”).

WHEREAS, the City of San Bernardino (“City”) desires to improve Gutierrez Park amenities to foster increased opportunities for youth and young adult sport activities (the “Improvements at Gutierrez Park Project”); and
WHEREAS, the Gutierrez Park seeks to replace ballfield fences, repave and stripe the parking lot, widen and add sidewalks, install a new driveway approach, pave the bleachers area, add new team benches, replace the concession building's roof, and relocate the electrical stub-up to improve safety, accessibility, circulation, and functionality.

WHEREAS, the improvements at Gutierrez Park aims to create a safer, more convenient, and accessible park environment for all users, while also addressing necessary upgrades to ensure the long-term viability of the facility; and
WHEREAS, on May 15, 2024, the Mayor, and City Council adopted Fiscal Year 2024-25 Annual Action Plan for the Community Development Block Grant, HOME Investment Partnership and Emergency Solutions Grant Programs; and
WHEREAS, on September 18, 2024, the Mayor, and City Council approved a funding agreement with the County of San Bernardino for $750,000 to support these improvements; and Packet Page 000926
Resolution No. 2025-016
Resolution 2025-016
January 15, 2025

Page 2 of 4 ends

WHEREAS, the designated funds are focused on critical infrastructure projects within the City, including the Improvements at Gutierrez Park Project; and WHEREAS, the Improvements at Gutierrez Park Project was advertised for public bidding on November 13, 2024, on PlanetBids with the City receiving three sealed bids; and WHEREAS, City staff reviewed all bid packages and determined that Zeco Inc. was the lowest responsible and responsive bidder; and
WHEREAS, an additional budget action is needed to provide full funding for the Improvements at Gutierrez Park Project.

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. The Mayor and City Council hereby authorize the City Manager to approve the award of an Agreement with Zeco Inc. in the amount of $887,224.55 for Improvements at Gutierrez Park Center (Project).

SECTION 3. The Mayor and City Council hereby authorize the construction contingencies, construction management, and administrative costs in the total amount of $177,444.91 for construction of the Project.

SECTION 4. The Mayor and City Council hereby authorize the Director of Finance and Management Services to amend the FY 2024/25 CIP budget with an additional $100,228.38 from the AB 1600 Parkland and Op Fund to bring the total project budget to $1,100,228.38.

SECTION 5. The Mayor and City Council hereby authorize the City Manager or designee to execute all documents with Zeco Inc.

SECTION 6. The Mayor and City Council hereby authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project.

SECTION 7. The Mayor and City Council finds this Resolution is categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines Section 15302, Replacement or Reconstruction (“Class 2”). The Class 2 exemptions allows for the replacement or reconstruction of existing structures or facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. Here, the Project involves reconstructing the previously fire-damaged skate park with new structures located on the same site that will serve as the new skate park. The Mayor and City Council also find this Resolution is also not subject to any exception to the Class 2 exemption, as set forth in State CEQA Guidelines section 15300.2.

Packet Page 000927
Resolution No. 2025-016
Resolution 2025-016
January 15, 2025

Page 3 of 4 ends

SECTION 8. 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 9. 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 January 2025.

Helen Tran, Mayor
City of San Bernardino
Attest:

Genoveva Rocha, CMC, City Clerk
Approved as to form:

Sonia Carvalho, City Attorney
Packet Page 000928
Resolution No. 2025-016
Resolution 2025-016
January 15, 2025

Page 4 of 4 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2025-016, adopted at a regular meeting held on the 15th day of January 2025 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
KNAUS _____ _____ _______ _______
FLORES _____ _____ _______ _______
ORTIZ _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2025.

Genoveva Rocha, CMC, City Clerk
Packet Page 000929
GUTIERREZ PARK IMPROVEMENTS -1-
00 52 13 – CONTRACT FOR CONSTRUCTION
00 52 13 – CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”), No. PR 25-009 is made and entered into this 15th day of January, 2025 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 Zeco 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:

Improvements at Gutierrez Park
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 Sixty (60) 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 Eight Hundred Eighty-Seven Thousand Two Hundred Twenty-Four Dollars and Fifty-Five Cents ($887,224.55). 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 One Thousand Dollars ($1,000.00) 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 Packet Page 000930
GUTIERREZ PARK IMPROVEMENTS -2-
00 52 13 – CONTRACT FOR CONSTRUCTION
Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the 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:

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
Approved and fully executed Change Orders
Permits
Project Signs
City of San Bernardino Business Registration Application Form Federal Forms and Other Requirements
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.

Packet Page 000931
GUTIERREZ PARK IMPROVEMENTS -3-
00 52 13 – CONTRACT FOR CONSTRUCTION
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 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.

This is a federally assisted construction contract. Federal labor standards provisions outlined in the HUD-4010 form, including the prevailing wage requirements of the Davis-Bacon and Related Acts (DBRA), will be enforced. The applicable Federal wage decision is the one in effect ten (10) days prior to bid opening; it is included in these specifications and is available online at https://sam.gov/content/wage-determinations. In the event of a conflict between the Federal and State wage rates, the higher of the two will prevail. The State wage rates are available online at http://www.dir.ca.gov/DLSR/PWD/index.htm. Lower State wage rates for work classifications not specifically included in the Federal wage decision are not acceptable.

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. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
Packet Page 000932
GUTIERREZ PARK IMPROVEMENTS -4-
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:

Rochelle Clayton
Acting City Manager
ATTEST:

By:

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

By:

Best Best & Krieger LLP
City Attorney
Zeco Inc.
[IF CORPORATION, TWO SIGNATURES,

PRESIDENT OR VICE PRESIDENT AND
SECRETARY OR TREASURER REQUIRED]
By:

Its:

Printed Name:
[DELETE THE FOLLOWING SIGNATURE
LINE IF NOT REQUIRED]
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 000933
GUTIERREZ PARK IMPROVEMENTS -5-
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 DESCRIPTION OF ATTACHED DOCUMENT Individual
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 000934
GUTIERREZ PARK IMPROVEMENTS -6-
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 Packet Page 000935
GUTIERREZ PARK IMPROVEMENTS -7-
00 61 13 – BOND FORMS
Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s 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.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
Packet Page 000936
GUTIERREZ PARK IMPROVEMENTS -8-
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 000937
GUTIERREZ PARK IMPROVEMENTS -9-
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

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 000938
GUTIERREZ PARK IMPROVEMENTS -10-
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

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 000939
GUTIERREZ PARK IMPROVEMENTS -11-
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 Packet Page 000940
GUTIERREZ PARK IMPROVEMENTS -12-
00 61 13 – BOND FORMS
pertaining or relating to any scheme or work of improvement herein above described, or 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 000941
GUTIERREZ PARK IMPROVEMENTS -13-
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

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 000942
GUTIERREZ PARK IMPROVEMENTS -14-
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

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 000943
GUTIERREZ PARK IMPROVEMENTS -15-
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 000944
GUTIERREZ PARK IMPROVEMENTS -16-
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 000945
GUTIERREZ PARK IMPROVEMENTS -17-
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
Packet Page 000946
GUTIERREZ PARK IMPROVEMENTS -18-
00 72 00 – GENERAL CONDITIONS
Friday after Thanksgiving
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 000947
GUTIERREZ PARK IMPROVEMENTS -19-
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 000948
GUTIERREZ PARK IMPROVEMENTS -20-
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 000949
GUTIERREZ PARK IMPROVEMENTS -21-
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 000950
GUTIERREZ PARK IMPROVEMENTS -22-
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 000951
GUTIERREZ PARK IMPROVEMENTS -23-
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 000952
GUTIERREZ PARK IMPROVEMENTS -24-
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 000953
GUTIERREZ PARK IMPROVEMENTS -25-
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 000954
GUTIERREZ PARK IMPROVEMENTS -26-
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 000955
GUTIERREZ PARK IMPROVEMENTS -27-
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 000956
GUTIERREZ PARK IMPROVEMENTS -28-
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 Packet Page 000957
GUTIERREZ PARK IMPROVEMENTS -29-
00 72 00 – GENERAL CONDITIONS
pursuant to this Contract shall be endorsed to waive subrogation against the City, its 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 Packet Page 000958
GUTIERREZ PARK IMPROVEMENTS -30-
00 72 00 – GENERAL CONDITIONS
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 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. Privacy/Network Security (Cyber). Contractor shall provide Cyber Liability Insurance, in a form and with insurance companies acceptable to City, in the amount of, at least, one million dollars ($1,000,000) per occurrence and aggregate. Such insurance shall provide coverage for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and (4) the introduction, implantation or spread of malicious software code.

Packet Page 000959
GUTIERREZ PARK IMPROVEMENTS -31-
00 72 00 – GENERAL CONDITIONS
G. Aviation and/or Drone Liability. If Contractor shall utilize drones as part of the Work, Contractor shall provide Aviation and/or Drone Liability Insurance, in a form and with insurance companies acceptable to City, in the amount of, at least, one million dollars ($1,000,000) per occurrence limit. Such insurance shall provide coverage for bodily injury and property damage.

H. 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.

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.

I. NOT USED
J. Contractor shall require all tiers of Subcontractors working under this Contract to provide the insurance required under this Article unless otherwise agreed to in Packet Page 000960
GUTIERREZ PARK IMPROVEMENTS -32-
00 72 00 – GENERAL CONDITIONS
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.

K. 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.

L. 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 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.

Packet Page 000961
GUTIERREZ PARK IMPROVEMENTS -33-
00 72 00 – GENERAL CONDITIONS

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 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.

Packet Page 000962
GUTIERREZ PARK IMPROVEMENTS -34-
00 72 00 – GENERAL CONDITIONS
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.

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 Packet Page 000963
GUTIERREZ PARK IMPROVEMENTS -35-
00 72 00 – GENERAL CONDITIONS
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.

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 Packet Page 000964
GUTIERREZ PARK IMPROVEMENTS -36-
00 72 00 – GENERAL CONDITIONS
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.

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.

Packet Page 000965
GUTIERREZ PARK IMPROVEMENTS -37-
00 72 00 – GENERAL CONDITIONS

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.

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 Packet Page 000966
GUTIERREZ PARK IMPROVEMENTS -38-
00 72 00 – GENERAL CONDITIONS
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 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, Packet Page 000967
GUTIERREZ PARK IMPROVEMENTS -39-
00 72 00 – GENERAL CONDITIONS
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, 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 Packet Page 000968
GUTIERREZ PARK IMPROVEMENTS -40-
00 72 00 – GENERAL CONDITIONS
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.

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.

Packet Page 000969
GUTIERREZ PARK IMPROVEMENTS -41-
00 72 00 – GENERAL CONDITIONS

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 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 Packet Page 000970
GUTIERREZ PARK IMPROVEMENTS -42-
00 72 00 – GENERAL CONDITIONS
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.

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 Packet Page 000971
GUTIERREZ PARK IMPROVEMENTS -43-
00 72 00 – GENERAL CONDITIONS
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 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.

Packet Page 000972
GUTIERREZ PARK IMPROVEMENTS -44-
00 72 00 – GENERAL CONDITIONS

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. Prime construction contracts in excess of $2,000 must comply with the DavisBacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”).

In accordance with the statute, Contractor is required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, Contractor is required to pay wages not less than once a week. A copy of the current prevailing wage determination issued by the Department of Labor will be placed in the solicitation by the City. The decision to award a contract or subcontract is conditioned upon the acceptance of the wage determination. The City will report all suspected or reported violations to the Federal Awarding Agency.

Contractor must also comply with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The City will report all suspected or reported violations to the Federal Awarding Agency.

2. 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. This is a federally assisted construction contract. Federal labor standards provisions outlined in the HUD-4010 form, including the prevailing wage requirements of the Davis-Bacon and Related Acts (DBRA), will be enforced.

The applicable Federal wage decision is the one in effect ten (10) days prior to bid opening; it is included in these specifications and is available online at Packet Page 000973
GUTIERREZ PARK IMPROVEMENTS -45-
00 72 00 – GENERAL CONDITIONS
https://sam.gov/content/wage-determinations. In the event of a conflict between the Federal and State wage rates, the higher of the two will prevail. The State wage rates are available online at http://www.dir.ca.gov/DLSR/PWD/index.htm.

Lower State wage rates for work classifications not specifically included in the Federal wage decision are not acceptable. 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.

3. 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.

4. 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 Packet Page 000974
GUTIERREZ PARK IMPROVEMENTS -46-
00 72 00 – GENERAL CONDITIONS
the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.

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 000975
GUTIERREZ PARK IMPROVEMENTS -47-
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 000976
GUTIERREZ PARK IMPROVEMENTS -48-
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 000977
GUTIERREZ PARK IMPROVEMENTS -49-
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 000978
GUTIERREZ PARK IMPROVEMENTS -50-
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 000979
GUTIERREZ PARK IMPROVEMENTS -51-
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 000980
GUTIERREZ PARK IMPROVEMENTS -52-
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 Packet Page 000981
GUTIERREZ PARK IMPROVEMENTS -53-
00 72 00 – GENERAL CONDITIONS
to the Project site where Work is being performed. Contractor shall erect and 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 000982
GUTIERREZ PARK IMPROVEMENTS -54-
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 000983
GUTIERREZ PARK IMPROVEMENTS -55-
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 Packet Page 000984
GUTIERREZ PARK IMPROVEMENTS -56-
00 72 00 – GENERAL CONDITIONS
all inspections, tests, or approvals required by the Contract Documents. All tests 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.

Packet Page 000985
GUTIERREZ PARK IMPROVEMENTS -57-
00 72 00 – GENERAL CONDITIONS

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 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 000986
GUTIERREZ PARK IMPROVEMENTS -58-
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 000987
GUTIERREZ PARK IMPROVEMENTS -59-
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 000988
GUTIERREZ PARK IMPROVEMENTS -60-
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 Packet Page 000989
GUTIERREZ PARK IMPROVEMENTS -61-
00 72 00 – GENERAL CONDITIONS
Contractor shall not be assessed liquidated damages for delay in completion of the 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 Packet Page 000990
GUTIERREZ PARK IMPROVEMENTS -62-
00 72 00 – GENERAL CONDITIONS
Contractor’s bid and distributed in the schedule of pay Items. No additional compensation shall be made to the Contractor for this work.

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 Packet Page 000991
GUTIERREZ PARK IMPROVEMENTS -63-
00 72 00 – GENERAL CONDITIONS
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 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 Packet Page 000992
GUTIERREZ PARK IMPROVEMENTS -64-
00 72 00 – GENERAL CONDITIONS
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 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.

Packet Page 000993
GUTIERREZ PARK IMPROVEMENTS -65-
00 72 00 – GENERAL CONDITIONS

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.

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 Packet Page 000994
GUTIERREZ PARK IMPROVEMENTS -66-
00 72 00 – GENERAL CONDITIONS
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.

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.

Packet Page 000995
GUTIERREZ PARK IMPROVEMENTS -67-
00 72 00 – GENERAL CONDITIONS

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 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;
Packet Page 000996
GUTIERREZ PARK IMPROVEMENTS -68-
00 72 00 – GENERAL CONDITIONS
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.

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 Packet Page 000997
GUTIERREZ PARK IMPROVEMENTS -69-
00 72 00 – GENERAL CONDITIONS
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.

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.

Packet Page 000998
GUTIERREZ PARK IMPROVEMENTS -70-
00 72 00 – GENERAL CONDITIONS
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.

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 Packet Page 000999
GUTIERREZ PARK IMPROVEMENTS -71-
00 72 00 – GENERAL CONDITIONS
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 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 Packet Page 001000
GUTIERREZ PARK IMPROVEMENTS -72-
00 72 00 – GENERAL CONDITIONS
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.

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 Packet Page 001001
GUTIERREZ PARK IMPROVEMENTS -73-
00 72 00 – GENERAL CONDITIONS
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 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 Packet Page 001002
GUTIERREZ PARK IMPROVEMENTS -74-
00 72 00 – GENERAL CONDITIONS
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.
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 Packet Page 001003
GUTIERREZ PARK IMPROVEMENTS -75-
00 72 00 – GENERAL CONDITIONS
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 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 Packet Page 001004
GUTIERREZ PARK IMPROVEMENTS -76-
00 72 00 – GENERAL CONDITIONS
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 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.

Packet Page 001005
GUTIERREZ PARK IMPROVEMENTS -77-
00 72 00 – GENERAL CONDITIONS

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:
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.

Packet Page 001006
GUTIERREZ PARK IMPROVEMENTS -78-
00 72 00 – GENERAL CONDITIONS
(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:
(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 Packet Page 001007
GUTIERREZ PARK IMPROVEMENTS -79-
00 72 00 – GENERAL CONDITIONS
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 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;
Packet Page 001008
GUTIERREZ PARK IMPROVEMENTS -80-
00 72 00 – GENERAL CONDITIONS
(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.
(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.

Packet Page 001009
GUTIERREZ PARK IMPROVEMENTS -81-
00 72 00 – GENERAL CONDITIONS
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.

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
Packet Page 001010
GUTIERREZ PARK IMPROVEMENTS -82-
00 72 00 – GENERAL CONDITIONS

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 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 Packet Page 001011
GUTIERREZ PARK IMPROVEMENTS -83-
00 72 00 – GENERAL CONDITIONS
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 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.

Packet Page 001012
GUTIERREZ PARK IMPROVEMENTS -84-
00 72 00 – GENERAL CONDITIONS

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.

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.

Packet Page 001013
GUTIERREZ PARK IMPROVEMENTS -85-
00 72 00 – GENERAL CONDITIONS
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.

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.

Packet Page 001014
GUTIERREZ PARK IMPROVEMENTS -86-
00 72 00 – GENERAL CONDITIONS

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.

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.

Packet Page 001015
GUTIERREZ PARK IMPROVEMENTS -87-
00 72 00 – GENERAL CONDITIONS
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 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 Packet Page 001016
GUTIERREZ PARK IMPROVEMENTS -88-
00 72 00 – GENERAL CONDITIONS
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.

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.

Packet Page 001017
GUTIERREZ PARK IMPROVEMENTS -89-
00 72 00 – GENERAL CONDITIONS
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.

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.

Packet Page 001018
GUTIERREZ PARK IMPROVEMENTS -90-
00 72 00 – GENERAL CONDITIONS

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 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.

Packet Page 001019
GUTIERREZ PARK IMPROVEMENTS -91-
00 72 00 – GENERAL CONDITIONS

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.

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.

Packet Page 001020
GUTIERREZ PARK IMPROVEMENTS -92-
00 72 00 – GENERAL CONDITIONS
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 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 001021
GUTIERREZ PARK IMPROVEMENTS 93 00 73 13 - SPECIAL CONDITIONS 00 73 13 – SPECIAL CONDITIONS
ARTICLE 1 -SCOPE OF WORK

1.1 Location of the Project.

A. Gutierrez Park: 1337 N. Mt. Vernon Ave. (Mt. Vernon Ave. and W. 14th Street) San Bernardino, CA 92411
Packet Page 001022
GUTIERREZ PARK IMPROVEMENTS 94 00 73 13 - SPECIAL CONDITIONS

1.2 Scope of Work.

The Scope of Work consists of replacing Ballfield fences, Asphalt paving and striping of the parking lot, widening existing sidewalk, adding sidewalk, adding driveway approach, concrete paving of the bleachers area, adding team benches, new roofing on the concession building, new location for electrical stub-up for the concession building. (see details on bid schedules).

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.

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 Packet Page 001023
GUTIERREZ PARK IMPROVEMENTS 95 00 73 13 - SPECIAL CONDITIONS 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.

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 5.29 Protection of Work and Property
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 001024
GUTIERREZ PARK IMPROVEMENTS 96 SPECIFICATIONS

SPECIFICATIONS
SECTION 32 31 00 - CHAIN LINK FENCING
PART 1 GENERAL

1. RELATED DOCUMENTS
a. The requirements of Section 206-6 “Chain Link Fence”, Section 304-3 “Chain Link Fence” of the "Standard Specifications for Public Works Construction," latest edition, shall apply except as modified herein.

2. SCOPE
a. Work of this Section includes all material, equipment, and labor incidental to completing all Chain Link Fence work complete as indicated on the Drawings and designated herein, including but not limited to, the following:
1) Fence fabric, posts, rails, braces, and other appurtenances. 2) Backstop fabrication.
3) Excavation for foundations.
4) Concrete foundations for post and cane bolts.
5) Gates and related hardware.
6) Signage for court identification.
7) Wind screening.

3. RELATED WORK SPECIFIED ELSEWHERE
a. Concrete: Section 03 30 00
b. Metal Fabrications Section 05 50 00

4. STANDARDS
a. Materials and workmanship shall conform to the requirements of all applicable building codes, except that requirements specified herein shall govern where they exceed those in the Building Code. Refer and comply with the provisions of the following Standards, except as otherwise shown or specified:
1) Chain Link Fence Manufacturers Institute (CLFMI) - Voluntary Standard for Chain Link Fence Installation.
2) ASTM A120 - Hot Dip Zinc Coated (Galvanized) Welded and Seamless Steel Pipe. 3) ASTM A123 - Zinc (Hot-Galvanized Coatings on Products Fabricated from Rolled, Pressed and Forged Steel Shapes, Bars, and Strip).

Packet Page 001025
GUTIERREZ PARK IMPROVEMENTS 97 SPECIFICATIONS

5. QUALITY ASSURANCE
a. Use adequate numbers of skilled workmen who are thoroughly trained and experienced in the necessary crafts and who are completely familiar with the specific requirements and the methods needed for proper performance of the work of this section. b. Contractor shall verify drawing dimensions with actual field conditions. Inspect related work and adjacent surfaces. Report to the Landscape Architect all conditions which prevent proper execution of this work.

6. SUBMITTALS
a. All submittals shall be furnished in quadruplicate and received at least thirty (30) days prior to commencing any work of this Section. Shop Drawings shall be furnished in accordance with Section 2-5.3 of the Standard Specifications. 1) Shop Drawings: Chain link fencing and baseball backstop require shop drawings.

Clearly indicate layout in both plan and elevation views showing spacing of components, accessories, fitments, foundation sizes, backstop fabrication, gate locations and sizes, direction of swing, line and end posts, light poles being incorporated into the fencing and all tensioning devices and braces. 2) Provide court signage blanks with dimensions showing mounting hole locations and size, and method of attachment to gate.
3) Materials list: Submit a complete list of all materials proposed to be furnished and installed under this Section, demonstrating complete conformance with the requirements specified.
4) Color samples (four sets).
a) Windscreen fabric (If Applicable).
b) Court signage numbers and letters.
5) Product data sheets: Submit data sheets for all materials of this section for which substitutions are proposed.

PART 2 MATERIALS
All materials for chain link fencing shall conform to Section 206-6 of the standard specifications except as modified herein.

1. GENERAL
a. No advertising signage, impression, stamp, or mark of any description will be permitted on the fence.

2. COMPONENTS
a. Posts, Rails and Frames: All tubular members shall comply with provision of ASTM -A120 for weight and coating. All structural shapes shall comply with provisions of ASTM - A123 for galvanized coating.
1) Fencing less than six feet (6') in height:

Packet Page 001026
GUTIERREZ PARK IMPROVEMENTS 98 SPECIFICATIONS
a) Line Posts: 1,900 inch O.D., 2.72 lbs./ft., roll formed sections. b) Corner, Sliding Gate, Pull and Terminal Posts: 2.375 inch O.D., 3.65 lbs/ft. roll formed sections.
c) Top and Brace Rail: 1.660 inch O.D., 2.72 lbs/ft., plain end, sleeve coupled, roll formed sections.
d) Gate Frame: 1.900 inch O.D., 2.72 lbs./ft.
2) Fencing between six feet (6') and over, but less than ten feet (10') in height. a) Line Posts: 2.375 inch O.D., 3.65 lbs./ft.
b) Corner, Sliding Gate, Pull Terminal Posts: 2.875 inch O.D., 5.79 lbs./ft. c) Top and Brace Rail: 1.900 inch O.D., 2.72 lbs./ft.
d) Gate Frame: 1.900 inch O.D., 2.72 lbs./ft.
3) Fencing between ten feet and twelve feet, with or without wind-screening:
a) Line Posts: 2.875 inch O.D., 2.72 lbs./ft.
b) Corner, Sliding Gate, Pull and Terminal Posts: 3.5 inch O.D., 7.58 lbs./ft. c) Top, Mid and brace Rail: 1.900 inch O.D., 2.72 lbs./ft. d) Gate Frame: 1.900 O.D., 2.72 lbs./ft.
4) Swing Gate Posts:
a) Gate leaves up to and including 6'-0" wide: 2.875 inch O.D., 5.79 lbs./ft b) Gate leaves over 6'-0" and up to and including 13'-0" wide: 4 inch O.D., 9.10 lbs/ft.
c) Gate leaves over 13'-0" and up to and including 18'-0": 6-5/8 inch O.D., 18.97 lbs./ft.
5) Post should not extend 10’-0” between posts
b. Caps: Cast or pressed steel or malleable iron, hot dip galvanized, sized to post dimension, set screw retained. Where top rail is specified, use caps that permit pass through of top rail.
c. Fittings: Sleeves, bands, clips, rail ends, tension bars, fasteners and fittings, are all to be galvanized steel.
d. Fabric: Interwoven 9 gage knuckled selvage top and bottom, two inch (2") diamond mesh. Heavy galvanized finish - 2.0 ounces zinc per square foot complying with ASTM-A392, Class II. Provide black vinyl coating where specified on plans. e. Bottom tension wire: 7-gage galvanized coil spring wire. f. Swing Gate hardware:
1) Hinges: Pressed steel of malleable iron to suit gate size, non-lift off type, offset to permit 180 degree gate opening.
2) Latch: Fork type with integral padlock eye heavy duty malleable iron. 3) Cane Bolt: 2-piece spring loaded drop bolt with sleeved concrete gate center rest. a) Sliding Gate: Aluminum cantilever sliding gate. Gate frame shall be two inches square (2" sq.) aluminum tubing welded at all corners. b) Fabric Ties: 9-gage galvanized steel post ties and 11-gage hog ring tension wire ties. Aluminum ties are not approved.
c) Stretcher Bars: Galvanized high carbon steel bars not smaller than 3/16" x 3/4." Stretcher bar bands to be heavy pressed steel or malleable iron spaced no more than fifteen inches (15") oc.
d) Gate Diagonal brace: 3/8" diameter adjustable length truss rods.

Packet Page 001027
GUTIERREZ PARK IMPROVEMENTS 99 SPECIFICATIONS
e) Post Foundation Concrete: Class 470-B-2000 in accordance with the Standard Specifications.

3. COURT SIGNAGE
a. Court identification signs shall be anodized aluminum blanks covered with engineer grade scotch-lite face (white), with two inch (2") high letters ("Court") and six inch (6") high numbers ("1", "2"), etc.). Letters and numbers are to be standard size, approximately 12" square by .063" thick.

4. WINDSCREEN
a. Windscreens shall be VCP fabric. Fabric shall be an open mesh, 50% polyester, 50% vinyl, with windbreak performance factor of 70%. The fabric shall weigh 7 oz. per square yard with a rated tensile strength of 230 x 200. Fabric weave shall be 9 x 12 thread per inch. Hems shall be minimum 1-1/2" wide, reinforced, double sewn with heavy duty polyester thread. Grommets shall be #2 brass spaced at no more than eighteen inches (18") oc along horizontal hems and twelve inches (12") oc along vertical hems. Single fabric panels nine feet or larger in height shall have a center reinforcing tape fence hemmed in place with brass grommets. Fabric color shall be green, submit samples for recommended approval. Panels shall have factory sewn, reinforced air vents at ten feet (10') oc. Fasteners shall be #3 x 9 gage hog rings.

PART 3 EXECUTION

1. INSTALLATION
a. Install all posts, rails, and fabric to provide a rigid structure. Use manufacturer's standard length (+ 20') rails. Use standard fittings, fasteners, and hardware. Gates shall be full height of fence unless otherwise shown on the plans. Fence shall be six feet (6'-0") high unless otherwise shown on the plans. ten feet (10’-
0”)
b. Install post sleeves, set sleeves in concrete footings, extending 4”.

B.1 Install posts in sleeves minimum 2;-0” & rivet anchor together. c. Connect rails to posts to form continuous bracing from end to end of each run of fence.

Provide mid-rail for all fencing ten feet (10') high and taller, and on six foot (6') high fence where indicated.
d. `Fasten fabric to posts, rails, and braces with ties maximum twelve inches (12") on center. Fasten fabric to tension wire with hog rings at maximum twelve inches (12") oc. e. Attach fabric to end, corner, gate, and pull posts and gate frame ends with stretcher bars and stretcher bar bands.

Packet Page 001028
GUTIERREZ PARK IMPROVEMENTS 100 SPECIFICATIONS
f. Stretch fabric between posts and rails.
g. Install gates using fabric to match fence. Install three (3) hinges per leaf, and one latch per gate. Provide diagonal braces on all gate leaves.
h. Provide cane bolt with sleeved socket and concrete center rest at center of all double gate openings.
i. Provide each Futsal court with one identification sign. Install court identification signs at eye level on the exterior of the pedestrian gate to each court. Signs shall be attached to the chain link using hog rings.
j. Install windscreen fabric to portions of fence and gates as shown on the plans, and per manufacturer’s recommendations.

2. CLEAN-UP
a. Upon completion of work of this section, the Contractor shall remove all equipment, excess material, and waster products from the site.

3. PAYMENT TERMS
a. Payment for chain-link fencing will be at the Linear Feet price. Install 10’ high chain link fence. Payment shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work in chainlink fencing as herein specified. A 10% retention shall apply to all chainlink fencing work.

END OF SECTION
Article I. 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 DESCRIPTIONS – BID SCHEDULE 1
Article II. 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.

Packet Page 001029
GUTIERREZ PARK IMPROVEMENTS 101 SPECIFICATIONS
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).

9. Installing all temporary utilities (as required).

10. Establishing required fire protection provisions – If applicable.

11. Posting all OSHA required notices and establishment of safety programs.

12. Posting of all Department of Labor notices.

13. Having the Contractor’s superintendent at the job site full-time and responding 24 hours per day.

14. Air and water quality protective measures, as necessary, and without limitation.

15. Potholing and other research and review as necessary to verify site conditions and utility locations.

16. Demobilization of the Site.

17. 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.

Measurement and 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 ITEMS 2 – NOT USED
Packet Page 001030
GUTIERREZ PARK IMPROVEMENTS 102 SPECIFICATIONS
BID ITEM 3 - REMOVE FENCE, POSTS, FOOTINGS TO MAKE ROOM FOR WIDER

SIDEWALK
This bid item shall consist of removal of the existing chain link fence, including posts and footings in the North-West end of the park, so that a wider sidewalk can be constructed.

Nothing in these Special Provisions shall relieve the Contractor from his responsibilities as provided in Section 5-7 “Safety”, of the Standard Specifications.

Measurement and Payment for this bid item shall be paid per Linear Feet (LF) and shall be considered as full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work involved in this bid item per project plans and specifications; no additional compensation will be allowed.

BID ITEM 4 - REMOVE EXISTING DRIVEWAY APPROACH
This bid item shall consist of removal of the existing Driveway Approach at the North-East end of the parking lot. Nothing in these Special Provisions shall relieve the Contractor from his responsibilities as provided in Section 5-7 “Safety”, of the Standard Specifications.

Measurement and Payment for this bid item 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 this bid item per project plans and specifications; no additional compensation will be allowed.

BID ITEM 5 - CUT/REMOVE BOLLARDS & HORIZONTAL CONNECTORS AS

SHOWN ON PLAN TO MAKE ROOM FOR WIDER SIDEWALK
Nothing in these Special Provisions shall relieve the Contractor from his responsibilities as provided in Section 5-7 “Safety”, of the Standard Specifications.

BID ITEM 6 - CONSTRUCT 6' WIDE PCC SIDEWALK PER CITY STD. NO. 202 “A”, USE CONCRETE CLASS 560-C-3250, 95% SUBGRADE COMPACTION
Concrete class should be 560-C-3250. Nothing in these Special Provisions shall relieve the Contractor from his responsibilities as provided in Section 5-7 “Safety”, of the Standard Specifications.

Measurement and Payment for this bid item shall be paid per Square Feet (SF) and shall be considered as full compensation for furnishing all labor, materials, tools, equipment, and Packet Page 001031
GUTIERREZ PARK IMPROVEMENTS 103 SPECIFICATIONS
incidentals for doing all work involved in this bid item per project plans and specifications; no additional compensation will be allowed.

BID ITEM 7 - CONSTRUCT PCC DRIVEWAY APPROACH TO THE PARKING LOT PER PLAN AND SPECIFICATION. USE CONCRETE CLASS 560-C-3250 This bid item shall consist of constructing one way driveway approaches. Nothing in these Special Provisions shall relieve the Contractor from his responsibilities as provided in Section 5-7 “Safety”, of the Standard Specifications.

Measurement and Payment for this bid item shall be paid per Each (EA) and shall be considered as full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work involved in this bid item per project plans and specifications; no additional compensation will be allowed.

BID ITEM 8 - REMOVE EXISTING, AND CONSTRUCT 4” OF ASPHALT PAVEMENT. 95% SUBGRADE COMPACTION
This bid item shall consist of removing existing pavement and constructing 4” thick Asphalt Pavement. Subgrade to be compacted to 95%. Nothing in these Special Provisions shall relieve the Contractor from his responsibilities as provided in Section 5-7 “Safety”, of the Standard Specifications.

Measurement and Payment for this bid item shall be paid per Square Feet (SF) and shall be considered as full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work involved in this bid item per project plans and specifications; no additional compensation will be allowed.

BID ITEM 9 - FURNISH AND INSTALL NEW 6’ HIGH CHAIN LINK FENCE.

This bid item shall consist of installing 6’ high chain link fence including posts and footings as part of the perimeter fence along 14th Street that allows widening of the sidewalk. Nothing in these Special Provisions shall relieve the Contractor from his responsibilities as provided in Section 5-7 “Safety”, of the Standard Specifications.

Packet Page 001032
GUTIERREZ PARK IMPROVEMENTS 104 SPECIFICATIONS
BID ITEM 10 - APPLY 4” WIDE THERMOPLASTIC REFLECTIVE WHITE STRIPING, AND BLUE BORDERS FOR HANDICAP PATH PER 2023 CALTRANS STANDARD A90A AND ISA MARKING PER SPECIFICATION AND PROJECT PLANS.

This bid item shall consist of striping for handicap path of travel , and handicap marking on the pavement in the parking stall. Nothing in these Special Provisions shall relieve the Contractor from his responsibilities as provided in Section 5-7 “Safety”, of the Standard Specifications.

BID ITEM 11 - APPLY 4” WIDE THERMOPLASTIC REFLECTIVE WHITE STRIPING FOR 9 PARKING STALLS AND 2 ARROWS PER SPECIFICATION AND PROJECT PLANS.

This bid item shall consist of striping for nine parking spaces, and two arrows as shown on plan for direction of travel for vehicles. Nothing in these Special Provisions shall relieve the Contractor from his responsibilities as provided in Section 5-7 “Safety”, of the Standard Specifications.

BID ITEM 12 - FURNISH AND INSTALL DISABLED PARKING SIGN PER CALTRANS R99C(CA).

This bid item shall consist of furnishing and installing one handicap parking sign per plan ans specification. Nothing in these Special Provisions shall relieve the Contractor from his responsibilities as provided in Section 5-7 “Safety”, of the Standard Specifications.

BID ITEM 13 - FURNISH AND INSTALL CURBS OR PARKING BUMPERS.

Work specified in this section includes providing all materials and performing all operations to install, Curbs or Parking Blocks to prevent encroachment of vehicles over the width of walkways, as specified in these Special Provisions.

Measurement and Payment for this bid item shall be paid per Each (EA) and shall Packet Page 001033
GUTIERREZ PARK IMPROVEMENTS 105 SPECIFICATIONS
be considered as full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work involved in installing Curbs or Parking Bumpers per project plans and specifications; no additional compensation will be allowed.

BID ITEM 14 - FURNISH AND INSTALL 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.

BID ITEM 15 - FURNISH AND INSTALL ROUND FIBERGLASS TRASH CANS “BENSON OUTDOORS”, OR APPROVED EQUAL, BASE DIAMETER 20” MAX. TO FIT IN THE EXISTING HOLDERS/ RINGS. SEE ATTACHED PICTURES.

This bid item shall consist of furnishing and installing round trash cans that will fit in the existing rings/holders at both sides of the bleachers (see attached picture). Nothing in these Special Provisions shall relieve the Contractor from his responsibilities as provided in Section 5-7 “Safety”, of the Standard Specifications.

Measurement and Payment for this bid item shall be paid per Each (EA) and shall be considered as full compensation for furnishing all labor, materials, tools, equipment, and Packet Page 001034
GUTIERREZ PARK IMPROVEMENTS 106 SPECIFICATIONS
incidentals for doing all work involved in this bid item per project plans and specifications; no additional compensation will be allowed.

BID ITEM 16 - UPGRADE (REMOVE AND REPLACE) BLEACHERS’ FOUNDATION (LUMBER).

This bid item shall consist of removing and disposing the wooden supports underneath the bleachers, and constructing similar new ones. Nothing in these Special Provisions shall relieve the Contractor from his responsibilities as provided in Section 5-7 “Safety”, of the Standard Specifications.

BID ITEM 17 - FURNISH AND INSTALL APPROX. 6' HIGH CHAIN LINK FENCE AS TRASH ENCLOSURE, OPEN ON THE WEST SIDE. SEE PLANS FOR LOCATION.

This bid item shall consist of furnishing and installing a chain link fence approximately 6’ high and 6’ long to function as a trash enclosure for the trash bin. The west side of the enclosure will be open. Nothing in these Special Provisions shall relieve the Contractor from his responsibilities as provided in Section 5-7 “Safety”, of the Standard Specifications.

BID ITEM 18 - LASER LEVELING INCLUDING MATERIAL (CLAY) FOR INFIELD,

PITCHING MOUND AND BASES (NO TURF AREA)
This bid item shall consist of laser leveling including material (clay) for above mentioned areas except the turf area. Nothing in these Special Provisions shall relieve the Contractor from his responsibilities as provided in Section 5-7 “Safety”, of the Standard Specifications.

Packet Page 001035
GUTIERREZ PARK IMPROVEMENTS 107 SPECIFICATIONS
BID DESCRIPTOINS - BID SCHEDULE 2
BID ITEMS 1 - REMOVE 6' HIGH CHAIN LINK FENCE, DUGOUT FENCES,

BULLPEN FENCES, GATES, (NOT POSTS)
This bid item shall consist of removal of the existing 6’ High Chain Link Fence around the perimeter of the playfield, including fences around the Dugouts and Bullpens, and the gates thereof. Protect the posts/ footings in place. Nothing in these Special Provisions shall relieve the Contractor from his responsibilities as provided in Section 5-7 “Safety”, of the Standard Specifications.

BID ITEM 2 - REMOVE 12' HIGH CHAIN LINK FENCE ON NORTH SIDE (NOT POSTS)
This bid item shall consist of the removal of the existing 12’ High Chain Link Fence on the North part of the playfield. Protect the posts/ footings in place. Nothing in these Special Provisions shall relieve the Contractor from his responsibilities as provided in Section 5-7 “Safety”, of the Standard Specifications.

BID ITEM 3 - REMOVE 15' HIGH CHAIN LINK FENCE ON WEST SIDE (NOT POSTS)
This bid item shall consist of the removal of the existing 15’ High Chain Link Fence on the West part of the playfield. Protect the posts/ footings in place. Nothing in these Special Provisions shall relieve the Contractor from his responsibilities as provided in Section 5-7 “Safety”, of the Standard Specifications.

Packet Page 001036
GUTIERREZ PARK IMPROVEMENTS 108 SPECIFICATIONS
BID ITEM 4 – REMOVE ASPHALT, BLEACHER’S AREA AND AROUND

CONCESSION BUILDING (AREA BETWEEN TWO FENCES, TO SOUTH LIMIT OF THE PROPERTY). GRAVEL AREA NOT INCLUDED.

This bid item shall consist of removal of the existing Asphalt in the Bleachers area and around the Concession Building all the way to the south limit of the property. The gravel area along the existing perimeter fence to remain as is. Nothing in these Special Provisions shall relieve the Contractor from his responsibilities as provided in Section 5-7 “Safety”, of the Standard Specifications.

Measurement and Payment for this bid item shall be paid per Square Feet (SF) and shall be considered as full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work involved in this bid item per project plans and specifications; no additional compensation will be allowed.

BID ITEM 5 - REMOVE AND DISPOSE DRINKING FOUNTAIN
This bid items shall consist of the removal and disposal of the existing drinking fountain in the North side of the playfield. Nothing in these Special Provisions shall relieve the Contractor from his responsibilities as provided in Section 5-7 “Safety”, of the Standard Specifications.

BID ITEM 6 - REMOVE AND DISPOSE DUGOUT BENCHES
This bid items shall consist of the removal and disposal of the existing team benches inside the dugouts. Nothing in these Special Provisions shall relieve the Contractor from his responsibilities as provided in Section 5-7 “Safety”, of the Standard Specifications.

BID ITEM 7 - REMOVE AND DISPOSE SCORE BOARD
This bid items shall consist of the removal and disposal of the existing score board. Nothing in these Special Provisions shall relieve the Contractor from his responsibilities as provided in Section 5-7 “Safety”, of the Standard Specifications.

Packet Page 001037
GUTIERREZ PARK IMPROVEMENTS 109 SPECIFICATIONS
Measurement and Payment for this bid item shall be paid per Each (EA) and shall be considered as full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work involved in this bid item per project plans and specifications; no additional compensation will be allowed.

BID ITEM 8 – REMOVE AND DISPOSE ELECTRICAL BOX AND CONDUIT FROM

EXTERIOR WALL OF CONCESSION BUILDING
This bid items shall consist of the removal and disposal of the existing electrical box and conduits from exterior wall of the concession building. Nothing in these Special Provisions shall relieve the Contractor from his responsibilities as provided in Section 5-7 “Safety”, of the Standard Specifications.

Nothing in these Special Provisions shall relieve the Contractor from his responsibilities as provided in Section 5-7 “Safety”, of the Standard Specifications.

BID ITEM 9 - REMOVAL AND DISPOSAL OF ROOF ON CONCESSION BUILDING This bid item shall consist of the removal and disposal of the existing roofing materials on the Concession Buildings. Nothing in these Special Provisions shall relieve the Contractor from his responsibilities as provided in Section 5-7 “Safety”, of the Standard Specifications.

BID ITEM 10 - CONSTRUCT 4” PCC PAVEMENT BLEACHER’S AREA AND

AROUND CONCESSION BUILDING (AREA BETWEEN TWO FENCES, DOWN TO SOUTH LIMIT OF THE PROPERTY). GRAVEL AREA NOT INCLUDED. USE CONCRETE CLASS 560-C-3250, 95% SUBGRADE COMPACTION
This bid item shall consist of Constructing 4” PCC pavement in the Bleachers area and around the Concession Building area all the way to the south limit of the property. The gravel area along the existing perimeter fence to remain as is. Nothing in these Special Provisions shall relieve the Contractor from his responsibilities as provided in Section 5-7 “Safety”, of the Standard Specifications.

Measurement and Payment for this bid item shall be paid per Square Feet (SF) and shall be considered as full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work involved in this bid item per project plans and specifications; no Packet Page 001038
GUTIERREZ PARK IMPROVEMENTS 110 SPECIFICATIONS
additional compensation will be allowed.

BID ITEM 11 - CONCESSION STAND STUB-UP INSIDE THE BUILDING FOR UTILITY FEED & ELECTRICAL WIRING INSIDE THE BUILDING.

This bid item shall consist of bringing the Electrical power supply to the concession building so that the stub-up will be inside the building, to prevent vandalism. Nothing in these Special Provisions shall relieve the Contractor from his responsibilities as provided in Section 5-7 “Safety”, of the Standard Specifications.

BID ITEM 12 - FURNISH AND INSTALL NEW TORCH DOWN THREE-LAYER ROOF

ON CONCESSION BUILDING
This bid item shall consist of installing new torch down three-layer roof. Nothing in these Special Provisions shall relieve the Contractor from his responsibilities as provided in Section 5-7 “Safety”, of the Standard Specifications.

BID ITEM 13 - REPLACE TWO BALL FIELD LIGHTS ON SOUTHWEST LIGHT POLE This bid item shall consist of replacing two ballfield lights. Location is shown on the plan and attached picture. Nothing in these Special Provisions shall relieve the Contractor from his responsibilities as provided in Section 5-7 “Safety”, of the Standard Specifications.

BID ITEM 14 - FURNISH AND INSTALL BASES AND PEGS
Nothing in these Special Provisions shall relieve the Contractor from his responsibilities as provided in Section 5-7 “Safety”, of the Standard Specifications.

Packet Page 001039
GUTIERREZ PARK IMPROVEMENTS 111 SPECIFICATIONS
Measurement and Payment for this bid item shall be paid per Each (EA) and shall be considered as full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work involved in this bid item per project plans and specifications; no additional compensation will be allowed.

BID ITEMS 15 & 16 - 6" TALL PORTABLE PITCHING MOUND AND 8” TALL

PORTABLE PITCHING MOUND
Nothing in these Special Provisions shall relieve the Contractor from his responsibilities as provided in Section 5-7 “Safety”, of the Standard Specifications.

BID ITEM 17 - FURNISH AND INSTALL HOME PLATE
Nothing in these Special Provisions shall relieve the Contractor from his responsibilities as provided in Section 5-7 “Safety”, of the Standard Specifications.

BID ITEM 18 - FURNISH AND INSTALL BACKSTOP NETTING AND POLE CAP Nothing in these Special Provisions shall relieve the Contractor from his responsibilities as provided in Section 5-7 “Safety”, of the Standard Specifications.

BID ITEM 19 - FURNISH AND INSTALL FOUL POLES
This bid item shall consist of installing Foul Poles (exact location is not shown on the plans).

Nothing in these Special Provisions shall relieve the Contractor from his responsibilities as provided in Section 5-7 “Safety”, of the Standard Specifications.

Measurement and Payment for this bid item shall be paid per Each (EA) and shall be Packet Page 001040
GUTIERREZ PARK IMPROVEMENTS 112 SPECIFICATIONS
considered as full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work involved in this bid item per project plans and specifications; no additional compensation will be allowed.

BID ITEM 20 - FURNISH AND INSTALL WALL PADDING, 5’ HIGH X 20’ LONG This bid item shall consist of furnishing and installing wall padding in the backstop (5’ high x 20’ long). Nothing in these Special Provisions shall relieve the Contractor from his responsibilities as provided in Section 5-7 “Safety”, of the Standard Specifications.

BID ITEM 21 - FURNISH AND INSTALL NEW SCOREBOARD
This bid item shall consist of furnishing and installing new score board and its electrical connections. Nothing in these Special Provisions shall relieve the Contractor from his responsibilities as provided in Section 5-7 “Safety”, of the Standard Specifications.

BID ITEM 22 – FURNISH PAINT, AND PAINT EXISTING FENCE POSTS THAT ARE

RUSTY, WITH SILVER COLOR EXTERIOR ENAMEL PAINT THAT ALSO STOPS RUST. EXCLUDE THE POSTS THAT WILL BE SLEEVED OVER WITH NEW POSTS.

This bid item shall consist of furnishing and painting existing fence posts that are rusty, with silver color exterior enamel paint per attached specifications. Nothing in these Special Provisions shall relieve the Contractor from his responsibilities as provided in Section 5-7 “Safety”, of the Standard Specifications.

BID ITEM 23 - FURNISH AND INSTALL NEW 8' HIGH CHAIN LINK FENCE PER SPECIFICATIONS FOR ALL FENCES THAT WERE 6' HIGH, INCLUDING DUGOUTS AND BULLPENS. INCREASE HEIGHT OF POSTS BY PLACING LARGER DIAMETER POSTS OVER THE EXISTING POSTS.

Packet Page 001041
GUTIERREZ PARK IMPROVEMENTS 113 SPECIFICATIONS
This bid item consists of furnishing and installing new 8’ high chain link fences. Increase the height of posts by placing larger diameter posts over the existing posts. Nothing in these Special Provisions shall relieve the Contractor from his responsibilities as provided in Section 5- 7 “Safety”, of the Standard Specifications.

BID ITEM 24 - FURNISH AND INSTALL NEW 15' HIGH CHAIN LINK FENCE ON WEST SIDE, AND ON NORTH SIDE OF BALLFIELD PER SPECIFICATION. EXTEND POSTS WHERE LESS THAN 15’ HIGH.

Nothing in these Special Provisions shall relieve the Contractor from his responsibilities as provided in Section 5-7 “Safety”, of the Standard Specifications.

BID ITEM 25 - FURNISH AND INSTALL NEW 7’ HIGH X 4’ WIDE CHAIN LINK

DOORPER SPECIFICATIONS (ONE EACH FOR NORTH AND WEST DUGOUT) Nothing in these Special Provisions shall relieve the Contractor from his responsibilities as provided in Section 5-7 “Safety”, of the Standard Specifications.

BID ITEM 26 - FURNISH AND INSTALL 8' HIGH X 12' WIDE CHAIN LINK GATE PER

SPECIFICATIONS
Nothing in these Special Provisions shall relieve the Contractor from his responsibilities as provided in Section 5-7 “Safety”, of the Standard Specifications.

Packet Page 001042
GUTIERREZ PARK IMPROVEMENTS 114 SPECIFICATIONS
BID ITEM 27- FURNISH AND INSTALL GALVANIZED CORRUGATED METAL

ROOFING SHADE FOR DUGOUTS, INCLUDING BEAMS AND NECESSARY POSTS (SEE ATTACHED PICTURES)
This bid item shall consist of furnishing and installing the dugout shades utilizing welded posts and beams with galvanized corrugated metal roofing screwed into the steel posts, see attached pictures. Nothing in these Special Provisions shall relieve the Contractor from his responsibilities as provided in Section 5-7 “Safety”, of the Standard Specifications.

BID ITEM 28 - FURNISH AND INSTALL BAT RACK AND INGROUND TEAM BENCH INSIDE DUGOUT.

Nothing in these Special Provisions shall relieve the Contractor from his responsibilities as provided in Section 5-7 “Safety”, of the Standard Specifications.

BID ITEM 29 - FURNISH AND INSTALL INSIDE THE BULLPEN DECOMPOSED

GRANITE (DG)
Nothing in these Special Provisions shall relieve the Contractor from his responsibilities as provided in Section 5-7 “Safety”, of the Standard Specifications.

BID ITEM 30 - FURNISH AND INSTALL INSIDE THE BATTING CAGE NEW ROLL OFF TURF AND DG.

Nothing in these Special Provisions shall relieve the Contractor from his responsibilities as provided in Section 5-7 “Safety”, of the Standard Specifications.

BID ITEM 31 - FURNISH AND INSTALL NEW DRINKING WATER FOUNTAIN ZURN ELKAY LK4410GRY OR APPROVED EQUAL
Nothing in these Special Provisions shall relieve the Contractor from his responsibilities as provided in Section 5-7 “Safety”, of the Standard Specifications.

Packet Page 001044
GUTIERREZ PARK IMPROVEMENTS 116 PLANS AND DRAWINGS

PLANS AND DRAWINGS
"THE FOLLOWING PLANS AND DRAWINGS 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. IMPROVEMENTS AT GUTIERREZ PARK, DRAWING NO. 13636
Packet Page 001045
GUTIERREZ PARK IMPROVEMENTS 117 PROJECT SIGN

PROJECT SIGN

CITY OF SAN BERNARDINO
Building a Better San Bernardino

IMPREVEMENTS AT

GUTIERREZ PARK
PROJECT No. PR 25-009

Estimated Completion: Spring/Summer 2025
Funding Provided By: County of San Bernardino
Council Ward: 6
Helen Tran, Mayor
Rochelle Clayton, City Manager
Council Members: Theodore Sanchez, Sandra Ibarra, Juan Figueroa, Fred Shorett, Kimberly Knaus, Mario Flores, Treasure Ortiz For more information, please call the Engineering Department (909) 384-5019 Size: 4’ Vertical by 8’ horizontal. Material: ½” Plywood with graffiti laminate. Colors: White background, blue and black graphics, full color logo.

Packet Page 001046
GUTIERREZ PARK IMPROVEMENTS 118 BUSINESS REGISTRATION

BUSINESS REGISTRATION
Packet Page 001047
GUTIERREZ PARK IMPROVEMENTS 119 FEDERAL FORMS AND OTHER REQUIREMENTS

FEDERAL FORMS AND OTHER REQUIREMENTS
Packet Page 001048
HUD Packet Attachments
Federal Requirements

1. Federal Labor Standards Provisions (HUD - 4010)

2. Compliance Requirements & Applicable Wage Decision

3. Report of Additional Classification and Rate**

4. Equal Employment Opportunity Clause

5. Clean Air and Water Acts

6. Labor Codes Section 1771 – 1815

7. Certification of Understanding and Authorization

8. Equal Employment Opportunity Commitment*

9. Bidders Questionnaire*

10. Non-Segregated Facilities Certification*

11. Past Performance Certification*

12. Federal Lobbyist Certification*

13. Worker's Compensation Certification*

14. List of Proposed Sub Contractors*

15. Declaration of Intent with Section 3*

16. Section 3 Business Concern Certification*

17. Notice of Section 3 Commitment*

18. Section 3 Income Certifications
(Required for all Section 3 Workers and Targeted Section 3 Workers)

19. Qualitative Efforts for Contractors Form

20. Section 3 Economic Opportunity Report
(Due after project completion)

21. Build America Buy America (BABA) Requirements & Certification Form*

22. 24 CFR Part 75 Economic Opportunities for Low- and Very Low-Income Persons * Must Submit Form with Bid
** Must Submit Form with Bid If Needed

Page 1 ends

Mayor and City CouncilJanuary 15, 2025

Mayor and City Council
January 15, 2025