Agenda packet — Mayor and City Council, February 5, 2025 (part 2 of 4)

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: February 5, 2025
To: Honorable Mayor and City Council Members
From: Rochelle Clayton, Acting City Manager;
Lynn Merrill, Director of Public Works
Department: Public Works
Subject: Amendment No. 1 to Q3 Consulting Professional
Services Agreement in the amount of $48,548 to
expand the scope and add an alternative along North
Little League Drive, Belmont Avenue, and W. Meyers
Road in the Focused Drainage Study of Meyers Creek
Drainage System, for a total contract not-to-exceed
$315,319
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Approve Amendment No. 1 to the Professional Services Agreement with Q3 Consulting in the amount of $48,548.00, for a total contract not-to-exceed amount of $315,319.00 to prepare for Focused Drainage Study for Meyers Creek Drainage System; and

2. Authorize the Director of Finance and Management Services to adopt Resolution 2025-027 to amend the FY 2024/25 Capital Improvement Plan by re-allocating $48,548.00 from the Storm Drain Upgrade project to the Focused Drainage Study for Meyers Creek Drainage System; and

3. Authorize the City Manager, or designee, to sign and execute all documents necessary for the Amendment.

Executive Summary
The City of San Bernardino seeks approval of Amendment No. 1 to the Professional Services Agreement with Q3 Consulting, adding $48,548.00 to the existing contract for a revised total of $315,319.00. This amendment expands the study's scope to include a Packet Page. 383
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master-planned storm drain alternative along North Little League Drive, Belmont Avenue, and W. Meyers Road, addressing newly identified needs for improved stormwater management. The expanded scope encompasses additional hydrology, hydraulics, and preliminary design tasks to ensure a comprehensive solution aligned with city goals.

Funding for this amendment will be reallocated from the Storm Drain Upgrade project, with no impact on the General Fund.

Background
The City of San Bernardino needs a qualified stormwater engineering consultant to perform a drainage assessment of the Meyers Canyon Drainage System and generate conceptual alignments for improvements to Meyers Canyon. The evaluation will generate a matrix of channel configuration to be characterized based on type (channel or box culvert), size, regulatory permitting scope, construction cost and land acquisition.

The drainage area is classified as E-11 of the County’s Comprehensive Storm Drain Plan (CSDP) No. 7. Six tracts have recently been developed within the drainage area, including tracts 16502, 16533, 17329, 17367, 20150, and 20539.

The focused drainage study will provide hydrology and hydraulic model for the area consistent with the San Bernardino County Flood Control District (FCD) standards, with the goal of identifying a cost-effective and implementable drainage system for the study area.

On January 18, 2023, the Mayor and City Council awarded a Professional Services Agreement to Q3 Consulting for a focused drainage study of the Meyers Creek Drainage System. This agreement authorized Q3 Consulting to assess the current drainage conditions and identify potential improvements to better manage stormwater in the area.

The findings from this study are critical to the City’s ongoing efforts to enhance flood control and infrastructure in the Meyers Creek watershed. The proposed amendment to the Professional Services Agreement will allow Q3 Consulting to expand the scope of their work to address additional needs identified during the study, ensuring that the final recommendations reflect the most current and comprehensive understanding of the drainage system.

Discussion
Following the Mayor and City Council approval of a Professional Services Agreement with Q3 Consulting, the firm began their study. They have completed the evaluation of the interim detention basins, the two-dimensional rain-on-grid hydraulic analysis, and the sediment transport analysis. The existing scope of work focuses on channel improvement alternatives. However, the results have led to the identification of an additional alternative, which consists of a master-planned storm drain facility along North Little League Drive, Belmont Ave, and W Meyers Road. The storm drain alternative could be more cost- economical, may limit sedimentation from Tract No. 17329, and may reduce or eliminate the need for right-of-way take and regulatory permitting.

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Amendment No. 1 to the Agreement with Q3 Consulting adds new tasks to incorporate the supplemental master-planned storm drain alternative along North Little League Drive, Belmont Ave W, and W Meyers Rd. This updated scope includes hydrologic and hydraulic analyses for the new storm drain design. Q3 will calculate the hydrology based on existing City reports for nearby tracts and will assess both 10-year and 100-year storm events.

They will also perform hydraulic computations to size catch basins and channels that can handle the overland flows identified in previous analyses, ensuring the system is properly designed to manage stormwater.

Additionally, Q3 will prepare a conceptual storm drain plan and profile at a 40-foot scale, which will include the main storm drain line and lateral lines along W Meyers Rd and W Belmont Ave. This will also include locations for the rectangular channel inlets. As part of this process, Q3 will provide a preliminary cost estimate based on current unit costs and bids from similar projects. The updated Preliminary Design Report (PDR) will reflect the new storm drain alternative, ensuring that all details are included for future planning.

This amendment is necessary to incorporate the newly identified master-planned storm drain alternative into the ongoing drainage study. Additional hydrology, hydraulics, and preliminary design tasks are essential to fully evaluate and develop this alternative, ensuring that it aligns with the city's drainage improvement goals. Extending the term of the agreement to February 28, 2026, is required to provide sufficient time for Q3 Consulting to complete these expanded tasks, including the necessary analyses, design work, and cost estimates. The extension will allow for thorough evaluation and ensure that all technical aspects of the new alternative are fully addressed before moving forward with implementation.

As Q3 Consulting approach the final stages of their current tasks, they have achieved approximately 80% completion. Pending approval for additional work, Q3’s projected timeline is outlined as follows: The environmental assessment is expected to conclude by mid- to late March, followed by its integration and the completion of the draft report by the end of April. The City's review of the draft report is scheduled for completion by the end of May, with subsequent updates and finalization of the report anticipated by the end of June. We plan to present our findings to the City Council in August.

The original purchase order for Q3 Consulting was $266,771.00. Amendment No. 1 added $48,548.00, bringing the new not-to-exceed amount to $315,319.00. To date, Q3 Consulting has submitted invoices totaling $174,943.43 for completed work, leaving a remaining balance of $91,827.57 on the original purchase order. This remaining amount reflects the funds still available under the original agreement, while the total project cost has increased due to the amendment. Please see charts reflecting changes below:

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The existing budget for Q3 Consulting's work is $266,771.00. However, with the approval of Amendment No. 1, the total project need has increased to $315,319.00. This results in an additional funding requirement of $48,548.00, needed to meet the total project cost.

Please see chart reflecting new budget below:

To address this shortfall, Staff recommends appropriating funding from the existing Storm Drain Upgrade project to fund the proposed Amendment No. 1. The Storm Drain Upgrade project is typically used to complete similar projects and has an existing balance of approximately $1,853,580.84. Creating a separate capital improvement project will facilitate project management and administrative processes. This action will not impact any other ongoing storm drain projects.
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No. 1e: “Improved Operational & Financial Capacity – Minimize risk and litigation exposure. Approval of this drainage study will result in public improvements being constructed that minimize risk and litigation exposure through upgrading the existing drainage system.

Fiscal Impact
There is no General Fund impact associated with this action. The estimated amended drainage study project costs are $48,548.00 and will be budgeted from the Storm Drain Construction Fund.

Proposed Budget
Storm Drain Upgrade $1,853,580.84
Meyers Creek Drainage Study Amendment No. 1 $48,548.00
Total Remaining $1,805,032.84
Cost
Purchase Order $266,771.00
Q3 Consulting Invoice Expenses ($174,943.43)
Remaining PO Amount $91,827.57
Previous Purchase Orders & Amendments
Purchase Order $266,771.00
Amendment No.1 $48,548.00
New Not-To-Exceed Amount $315,319.00
Budget
Original Project Budget $266,771.00
Total Project Need $315,319.00
Additional Funding Required ($48,548.00)
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Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

3. Authorize the City Manager, or designee, to sign and execute all documents necessary for the Amendment.

Attachments
Attachment 1 Resolution 2025-027
Attachment 2 Amendment No.1
Attachment 3 Agreement with Q3 Consulting
Attachment 4 Location Map
Ward
Fifth Ward
Synopsis of Previous Council Actions
January 18, 2023 Professional Services Agreement for Focused Drainage Study for Meyers Creek Drainage System
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Resolution No. 2025-027
Resolution No. 2025-027
February 5, 2024

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RESOLUTION NO. 2025-027

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

AUTHORIZING THE DIRECTOR OF FINANCE AND
MANAGEMENT SERVICES TO AMEND THE FY 2024/25

CAPITAL IMPROVEMENT PLAN BY RE-ALLOCATING
$48,548.00 FROM THE STORM DRAIN UPGRADE

PROJECT TO THE FOCUSED DRAINAGE STUDY FOR
MEYERS CREEK DRAINAGE SYSTEM.

WHEREAS, the City of San Bernardino (“City”) has identified the need for a focused drainage study for the Meyers Canyon Drainage System to enhance flood control and infrastructure within the study area (the “Project”); and
WHEREAS, on January 18, 2023, the Mayor and City Council awarded a Professional Services Agreement to Q3 Consulting to conduct an initial focused drainage study of the Meyers Canyon Drainage System; and
WHEREAS, during the study, additional tasks were identified as essential to ensuring the development of a comprehensive and effective drainage solution, including detailed hydrology and hydraulic modeling, sedimentation and scour analysis, and evaluation of detention basins and right-of-way needs; and
WHEREAS, Q3 Consulting has demonstrated the expertise necessary to expand the scope of the Project to include these additional analyses and evaluations; and WHEREAS, the findings from this expanded scope of work will ensure that the City’s recommendations address both immediate and long-term drainage issues in the Meyers Creek watershed.

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 Director of Finance and Management Services to amend the FY 2024/25 Capital Improvement Plan by re-allocating $48,548.00 from the Storm Drain Upgrade project to the Focused Drainage Study for Meyers Creek Drainage System.

SECTION 3. The Mayor and City Council find 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 Packet Page. 388
Resolution No. 2025-027
Resolution No. 2025-027
February 5, 2024

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the activity in question may have a significant effect on the environment, the activity is not subject to CEQA
SECTION 4. 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 5. 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 5th day of February 2025.

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
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Resolution No. 2025-027
Resolution No. 2025-027
February 5, 2024

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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. 2025-027, adopted at a regular meeting held on the 5 th day of February 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
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AMENDMENT NO. 1 TO

AGREEMENT FOR PROFESSIONAL SERVICES
Q3 CONSULTING
This Amendment No. 1 to the Professional Services Agreement for project management services is made and entered into as of February 5, 2025, by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and Q3 Consulting (“Consultant”). City and Consultant are sometimes referred to herein individually as a “Party” and collectively as “Parties.” A. WHEREAS, the City and Consultant have entered into an agreement dated January 18, 2023, for the purpose of providing and performing drainage assessments of the Meyers Canyon Drainage System and generating conceptual alignments for improvements to Meyers Canyon (the “Master Agreement”); B. WHEREAS the Parties now desire to amend the Master Agreement in order to extend the term of the Master Agreement, add additional services to the Master Agreement, and increase the not-to-exceed amount of the Master Agreement NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 1 and the Master Agreement, the Parties mutually agree as follows:

AGREEMENT

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

2. Term. The term of the Master Agreement shall be extended through February 28, 2026, unless earlier terminated.

3. Additional Services. The Services, as that term is defined in the Master Agreement, shall be amended to include additional services, more particularly described in Exhibit “A” attached hereto and incorporated herein by this reference. The additional services shall be charged at the rates more particularly described in Exhibit “B”, attached hereto and incorporated herein by this reference.

4. Amendment to Section 4(b) of the Master Agreement. The first sentence of Section 4(b) of the Master Agreement is hereby amended to read as follows:
“In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of Three Hundred Fifteen Thousand Three Hundred Nineteen Dollars ($315,319.00).

5. Full Force. Except as amended by this Amendment No. 1, all provisions of the Master Agreement, as previously amended, including without limitation the indemnity Packet Page. 391

and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 1.

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

7. Counterparts. This Amendment No. 1 may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR
AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT
WITH Q3 CONSULTING
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 1 on the Effective Date first herein above written.

CITY OF SAN BERNARDINO CONSULTANT
APPROVED BY: Q3 CONSULTING
Signature
Name
Rochelle Clayton
Acting City Manager
ATTESTED BY:

TitleGenoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney
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Focused Study for Meyers Creek Drainage – COP1
December 9, 2024
“Exhibit A”
Additional Scope of Services
December 9, 2024
The Client and Q3 Consulting (Consultant) for mutual consideration hereinafter set forth, and agree as follows:

Task 2.4 – Supplemental Hydrology and Hydraulics
Q3 will prepare hydrologic computations for the supplemental master-planned storm drain alternative within the limits of work. This assumes that the hydrology from Tracts No. 17239 and 20150 are per plans and reports provided by the City. Hydrologic computations will be consistent with the County’s Hydrology Manual and will be performed for both the 10- and 100-year events. Q3 will prepare a hydrology map for the supplemental master-planned storm drain alternative.

Q3 will prepare hydraulic computations using WSPG for the supplemental master-planned storm drain alternative. Q3 will size the conceptual collector catch basins channel to capture overland flows determined from the two-dimensional hydraulic model.

Task 4.5 – Supplemental Preliminary Design Report
Q3 will a conceptual 40’ scale storm drain plan and profile for the supplemental master-planned storm drain alternative, including for the backbone line and the laterals along W Meyers Rd and W Belmont Ave. The planview will include the location of the rectangular channel inlets with railing.

Q3 will update the PDR with the supplemental master-planned storm drain alternative.

Exclusions:

1. All third party fees

2. Any other work task not specifically set forth in the above Scope of Services.

Reimbursables:

Q3 Consulting will bill reproduction services and other related expenses, at cost, during this phase of the project. This includes all reprographics and photocopying for studies and plan preparation, plan review and agency submittals, meetings, mileage, and other expenses.

Scope of Services Page | A-1
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Focused Study for Meyers Creek Drainage – COP1
December 9, 2024
“Exhibit B”
Compensation for Additional Scope of Services
December 9, 2024
Consultant agrees to perform the Scope of Services as described in Exhibit “A”. Fee and Payment Conditions in the Original Agreement remain as-is for such services as identified in the fee breakdown on the next page, and summarized as follows:

Task 2.4 Supplemental Hydrology and Hydraulics
Task 4.5 Supplemental Preliminary Design Report

TOTAL ADDITIONAL SCOPE OF WORK
$23,418
$25,130
$48,548
Original Agreement Amount
Adjustment to Agreement Amount due to this Additional Scope of Services Current Agreement Amount
$266,771
$48,548
$315,319
NOTES:

Progress billings will be forwarded to Client on a monthly basis. These billings will include the fees earned for the billing period, plus all direct costs advanced by Consultant. Client shall make every reasonable effort to review invoices within (15) working days from the date of receipt of the invoices and notify Consultant in writing of any particular item that is alleged to be incorrect.

Reliance on Documents or Reports Prepared by Others – In performing our services herein, it is anticipated that Q3 Consulting will receive information prepared or compiled by others; therefore, Q3 Consulting makes no claims as to the accuracy and/or completeness of information relied without independent evaluation or verification.

Compensation Page | B-1
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Focused Study for Meyers Creek Drainage – COP1
December 9, 2024
Compensation Page | B-1
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December 9, 2024
City of San Bernardino
Public Works Engineering Division
201 North “E” Street
San Bernardino, CA 92401
Attn: Mr. Eddie Mendez
Subject: Focused Study for Meyers Creek Drainage System, San Bernardino, California Change Order Proposal No. 1 for Q3 Project #40.111
Dear Mr. Mendez:

Q3 Consulting (Q3) appreciates the opportunity to provide this change order proposal for additional civil engineering services to support the City of San Bernardino (City) with the completion of the focused drainage study. Q3 received a Notice to Proceed on August 14, 2023 for the project. Q3 has completed the evaluation of the interim detention basins, the two-dimensional rain-on-grid hydraulic analysis, and the sediment transport analysis. The existing scope of work focuses on channel improvement alternatives. However, the results have led to the identification of an additional alternative, which consists of a master-planned storm drain facility along North Little League Drive, Belmont Ave W, and W Meyers Rd. The storm drain alternative could be more cost-economical, may limit sedimentation from Tract No. 17329, and may reduce or eliminate the need for right-of-way take and regulatory permitting.

Detailed below you will find the additional Scope of Services and Compensation, attached as Exhibits “A” and “B.” These exhibits define our efforts and the budget amounts for the tasks to be completed. We appreciate the opportunity to submit this proposal and look forward to working with you to provide professional services on this project. Should you have any questions, please do not hesitate to contact me by phone at 949-259-6441 or by email at [email protected].

Respectfully,
Remi Candaele, PE
Director
Attachments: Exhibit A – Scope of Services
Exhibit B – Compensation
Q3CONSULTING.NET
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DocuSign Envelope ID: EE2F76EF-4E60-46D9-A281-AD7AE745B08B

PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND Q3 CONSULTING
This Agreement is made and entered into as of January 18, 2023, by and between the City of San Bernardino, a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, CA 92401 (“City”), and Q3 Consulting with its principal place of business at 200 S. Main Street, Suite 300, Corona, CA 92882 (hereinafter referred to as “Consultant”). City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.”

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

Focused Study For Meyers Creek Drainage Study (hereinafter referred to as “the Project”).

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

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

NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

AGREEMENT

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

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

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

4. Compensation.
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DocuSign Envelope ID: EE2F76EF-4E60-46D9-A281-AD7AE745B08B a. Subject to paragraph 4(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “A.” b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $266,771.00. This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses.

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

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

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

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

6. Term. The term of this Agreement shall be from January 18, 2023 to June 28, 2024, unless earlier terminated as provided herein. Consultant shall complete the services within the term of this Agreement and shall meet any other established schedules and deadlines set forth in each individual Task Order issued by the City. All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement.

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

8. Time of Performance. Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the 2 Packet Page. 399

DocuSign Envelope ID: EE2F76EF-4E60-46D9-A281-AD7AE745B08B City to proceed. Consultant shall complete the services required hereunder within Term.

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

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

11. Standard of Care. Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. Consultant’s performance shall conform in all material respects to the requirements of the Scope of Work.
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DocuSign Envelope ID: EE2F76EF-4E60-46D9-A281-AD7AE745B08B

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

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

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

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

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

16. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Additional Insured
The City of San Bernardino, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Consultant’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. b. Commercial General Liability
(i) The Consultant shall take out and maintain, during the 4 Packet Page. 401

DocuSign Envelope ID: EE2F76EF-4E60-46D9-A281-AD7AE745B08B performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City.
(ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:

Insurance Services Office Commercial General Liability
coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1)
(2)
(3)
(4)
(5)
(6)
Bodily Injury and Property Damage
Personal Injury/Advertising Injury
Premises/Operations Liability
Products/Completed Operations Liability
Aggregate Limits that Apply per Project
Explosion, Collapse and Underground (UCX)
exclusion deleted
(7)
(8)
(9)
Contractual Liability with respect to this Contract
Broad Form Property Damage
Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its elected and appointed officials, officers, employees, agents, and City-designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured.
c. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. 5 Packet Page. 402

DocuSign Envelope ID: EE2F76EF-4E60-46D9-A281-AD7AE745B08B (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. d. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. e. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. f. Privacy/Network Security (Cyber)
At all times during the performance of the work under this Agreement, the Consultant shall maintain privacy/network security insurance for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and the (4) introduction, implantation or spread of malicious software code, in a form and with insurance companies acceptable to the City.
6 Packet Page. 403

DocuSign Envelope ID: EE2F76EF-4E60-46D9-A281-AD7AE745B08B g. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:

Combined Single Limit
Commercial General Liability
Automobile Liability
$2,000,000 per occurrence/$4,000,000
aggregate for bodily injury, personal
injury, and property damage
$1,000,000 per occurrence for bodily
injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
Cyber Liability $1,000,000
aggregate
per occurrence and
(ii) Defense costs shall be payable in addition to the limits.

Requirements of specific coverage or limits contained in this(iii) section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement.
h. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. i. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any 7 Packet Page. 404

DocuSign Envelope ID: EE2F76EF-4E60-46D9-A281-AD7AE745B08B such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. j. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or
companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
k. Additional Insurance Provisions
8 Packet Page. 405

DocuSign Envelope ID: EE2F76EF-4E60-46D9-A281-AD7AE745B08B (i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. l. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

17. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project, or this Agreement, including without limitation the payment of all damages, expert witness fees, attorneys’ fees and other related costs and expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized volunteers. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement. 9 Packet Page. 406

DocuSign Envelope ID: EE2F76EF-4E60-46D9-A281-AD7AE745B08B b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

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

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

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

20. Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California.
10 Packet Page. 407

DocuSign Envelope ID: EE2F76EF-4E60-46D9-A281-AD7AE745B08B

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

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

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

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

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

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

26. Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and 11 Packet Page. 408

DocuSign Envelope ID: EE2F76EF-4E60-46D9-A281-AD7AE745B08B Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.

27. Organization. Consultant shall assign Remi Candaele as Project Manager.

The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

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

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

CITY: CONSULTANT:

City of San Bernardino Q3 Consulting
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Manager
200 S. Main Street, Suite 300
Corona, CA 92882
With Copy To:

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

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

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

32. Entire Agreement. This Agreement, including Exhibit “A,” represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises, or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This is an integrated Agreement. 12 Packet Page. 409

DocuSign Envelope ID: EE2F76EF-4E60-46D9-A281-AD7AE745B08B

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

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

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

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

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

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

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

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

40. Prohibited Interests. Consultant maintains and warrants that it has neither employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
13 Packet Page. 410

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

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

43. Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature.
[SIGNATURES ON FOLLOWING PAGE]
14 Packet Page. 411

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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND Q3 CONSULTING
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

CITY OF SAN BERNARDINO CONSULTANT
APPROVED BY:

SignatureCharles E. McNeely
Interim City Manager John Mccarthy
NameATTESTED BY:

Vice President
TitleGenoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney
15 Packet Page. 412

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DocuSign Envelope ID: EE2F76EF-4E60-46D9-A281-AD7AE745B08B Proposal for Focused Study
Meyers Creek Drainage System
Cover Letter
October 18, 2022
City of San Bernardino
201 North “E” street
Attn: Alex Qishta, Deputy Director Public Works/City Engineer San Bernardino, CA 92401
Subject: PROPOSAL FOR FOCUSED STUDY FOR MEYERS CREEK DRAINAGE SYSTEM Dear Mr. Qishta and Members of the Selection Committee:

Q3 Consulting (Q3)/Proactive Engineering Consultants (PEC) is pleased to submit this proposal to provide engineering services to the City of San Bernardino (hereafter collectively referred to as “City”). We have reviewed the Request for Proposals for the Focused Drainage Study for Meyers Creek Drainage System and understand the elements involved in the solicitation. Q3/PEC is a State certified small business that focuses on providing comprehensive services for municipal drainage and storm drain projects. We currently do not have a business license for San Bernardino and understand that there will be a flat rate business with fee if we are chosen for the project.

Q3/PEC has teamed with ECORP (CEQA/NEPA/Regulatory Permits) to provide the City the most qualified team to complete the focused drainage study. Our team is recognized throughout Southern California as drainage planning, analysis, and design leaders, providing high quality, cost effective, and time sensitive solutions for public agencies.

A key feature of our proposed organization is to designate a local Project Manager, Remi Candaele, PE, MS, QSD, QISP.

Remi brings a unique understanding of storm water infrastructure projects for public agencies in Southern California. He is nationally recognized, published in many stormwater journals, and has been awarded by ASCE and the Los Angeles Section for both his expertise and leadership 3 years in a row. A few recent completions for Remi include the Baseline Road Storm Drain Project in Rialto, CA and the Storm Drain Master Plan System T-2 and Street Improvements in Fontana, CA. Our mutual success will also rely on the expertise of Tom Ryan, P.E. with watershed-wide drainage studies, the experience of John McCarthy, P.E., C.F.M. with master planned drainage facilities, and other in-house professionals showcased in this proposal that add to our team’s experience.

Our team has a history of working together to complete these types of projects. We have successfully delivered in the preparation of drainage studies, and preliminary and final design plans for multiple public agencies, including for San Bernardino County Flood Control District, Caltrans, U.S. Army Corps of Engineers and the Cities of Redlands, Yucaipa, Chino, Chino Hills, Fontana, and Grand Terrace. These relationships will assist the City in developing cost-effective solutions for Meyers Creek.

We are ready to start work immediately!
We appreciate the opportunity to submit our proposal and look forward to discussing how we can assist the City with the focused drainage study. This proposal is signed by an Officer with authority to bind the company. This proposal shall remain valid for 9 months from the date of the proposal. If you have any questions or require further information, please contact me at (951) 280-3300 or via email at [email protected].

Respectfully submitted,
Remi Candaele, PE, MS, QSD, QISP
Senior Project Manager
John McCarthy, PE, CFM
Principal-in-Charge
Authorized Officer, Vice President
Q3 Consulting/PROACTIVE P a g e | i
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Meyers Creek Drainage System
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Meyers Creek Drainage System
Table of Contents
Cover Letter ......................................................................................................................................................................... i Identification of Proposer...................................................................................................................................................1 Staffing Resources...............................................................................................................................................................2 Project Understanding and Work Plan ...............................................................................................................................7 Anticipated Data Needs ....................................................................................................................................................11 Anticipated Schedule ........................................................................................................................................................12 Experience and Technical Competence............................................................................................................................13 Schedule of Charges..........................................................................................................................................................20 Q3 Consulting/PROACTIVE P a g e | iii
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DocuSign Envelope ID: EE2F76EF-4E60-46D9-A281-AD7AE745B08B Proposal for Focused Study
Meyers Creek Drainage System
Identification of Proposer
Q3 Consulting (Q3) was started as a dba of Proactive Engineering Consultants Inc. (PEC) in 2018. Q3/PEC is a S Corporation. Q3 is an award-winning specialized stormwater management firm with an extensive background in the planning, analysis, and design of comprehensive stormwater management solutions for public works projects. The founders of Q3 each have over 25 years of experience in the stormwater field including an extensive background in hydrology, hydraulics, water quality, and the design for stormwater facilities throughout Southern California. PEC was founded in 2006 and has a staff of 80 engineers, surveyors, utility coordinators, professionals, and administrative personnel (including Q3 staff). Q3/PEC is a California Certified Small Business (DGS #2009320) City of Corona - #03925346.

Lead Office and Project Manager
Remi Candaele, PE, MS, QSD, QISP
Email: [email protected]
Phone: 951.280.3300
200 S. Main Street, Suite 300
Corona, CA 92882
Q3 provides a full range of stormwater services related to the planning and design of channels, culverts, storm drains, diversions structures, basins, levees, and regional multi-benefit stormwater infrastructure, water quality planning, watershed-wide restoration plans, grant applications, cost estimating and benefit-cost analysis, PS&E preparation, and floodplain mapping. Q3/PEC is a full-service engineering firm with expertise in civil engineering, wet utility relocations, dry utility coordination, field surveying and mapping, and construction management. .
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Regional/Local Hydrology .
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1- & 2-Dimensional Hydraulic Modeling
Cost Estimates
Stakeholder Coordination (SBCFCD,
Caltrans, adjacent Cities, etc.)
Erosion and Sediment Control Plans
Stormwater Quality / BMPs
CFD Budgets
Wet and Dry Utility Planning/Relocations
Utility Surveys
Topographic Surveys
Street and Utility Improvement Plans
Municipal Storm Drain and Flood Control
Channel Design
Preliminary Site Constraints
Freeway Task Mitigation Analysis Studies
Grading Plans and related Studies
Right-of-Way Engineering
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3D Laser Scanning
Aerial / Photogrammetric Surveys
ALTA / ACSM Land Title Surveys
Dry Utility Coordination
Construction Management
And more…
Although our staff has extensive experience working on small to large scale projects, we have adopted a small business client focused philosophy. It is this philosophy that established our mission to be “A Different Kind of Company” providing high quality service to a small group of clients. Our goal is to have long-term relationships with our clients to provide value-driven results.

Q3 has joined forces with ECORP Consulting, Inc. (ECORP) to bring a team of highly experienced professionals in CEQA/NEPA and regulatory permitting. ECORP is based in Redlands and brings over two decades of joint experience with Q3 working together on flood control channel and municipal storm drain improvement projects.

ECORP is a California “S” Corporation, also certified as a California Small Business-Public Works (SB-PW), which specializes in assisting government agencies and private clients with a wide range of environmental services including technical expertise in land use planning; biological, cultural, and water resources; and regulatory compliance with California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA), Clean Water Act, federal and state Endangered Species Acts, National Historic Preservation Act (NHPA), and other laws and regulations. ECORP has well- established working relationships with the resources agencies, including the U.S. Army Corps of Engineers (USACE), California Department of Fish and Wildlife (CDFW), Regional Water Quality Control Board (RWQCB), and the U.S. Fish and Wildlife Service (USFWS).

Q3 Consulting/PROACTIVE P a g e | 1
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Meyers Creek Drainage System
Staffing Resources
Project Team Organization Chart
Q3 recognizes that the successful delivery of high-quality technical studies and improvement plans start with assigning a Project Manager and Discipline Leads that possesses superior technical, management, and leadership skills. Q3’s key staff and team of subconsultants possess these characteristics and provide the City with the specialized expertise to develop comprehensive technical drainage studies, preliminary design alignment that minimizes utility relocation and right-of-way acquisition. The following is a summary of the qualifications of our Key Staff Members and proposed subconsultants.

Resumes for key staff members are also included.

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Meyers Creek Drainage System
Key Staff Resumes
Project Manager
Remi Candaele, MS, PE, QSD/P, QISP will serve as your Program Manager. As Program Manager, he will be the main point of contact and will direct the personnel and resources necessary to successfully complete the assigned projects.

Remi Candaele brings over 16 years of versatile background in planning, design, and construction support of Public Works and Institutional projects with an emphasis on storm water improvements. He has extensive experience in water management, street improvements, bike trails, water quality compliance, and master planning of utilities. Candaele has also prepared numerous publications and conference proceedings covering a wide range from new methods in water resources and the implementation of water strategic plans. He understands the importance of proactive communication with both internal and external stakeholders. Remi’s skillset and contributions to the industry have been recognized by numerous awards, notably with the 2016 Young Engineer in the Private Sector of the Western U.S., and the 2021 Carl Blum Award by the Los Angeles Section of the American Society of Civil Engineers.

RELEVANT PROJECT EXPERIENCE
Pine Avenue Extension and Chino Creek - Chino, CA - Drainage Manager for the PS&E for the 1.4-mile extension of Pine Avenue from State Route 71 easterly to El Prado Road as an urban four-lane arterial street and widening of the existing Pine Avenue to a 4-lane arterial street from El Prado Road to Euclid Avenue (SR-83). Includes design and construction of 3-span 500LF bridge structure over Chino Creek.

MPD System T-2 Storm Drain and Street Improvements - Fontana, CA - Senior Project Manager in charge of the preparation of construction documents for 2.5 miles of storm drain improvements with RCP pipe sizes up to 96-inch diameter, for the master-planned Cypress Avenue storm drain (MPD Line T-2). The facilities start at Sierra Avenue and drain west to the intersection of Cypress Avenue and Foothill Boulevard and continue southbound on Cypress Avenue to connect to the County 9’x7’ West Fontana Channel lateral near the intersection with Orange Way. A detailed Composite Utility Plan was created using base files and record drawings gathered from wet and dry utility companies.

Baseline Rd Line C Improvements and Cactus Basin – Rialto, CA - Senior Project Manager in charge of the preparation of construction documents for the Master-Planned Baseline Road storm drain project. The nine- foot by seven-foot-box facility starts at Tamarind Avenue and drain east to outlet in Cactus Basin #3. The size of the drainage infrastructure was optimized using the 2D hydraulic component of XPSWMM. Coordination with DSOD is necessary to obtain an encroachment permit for penetrating through the jurisdictional dam. A detailed Composite Utility Plan created based on record drawings gathered from wet and dry utility companies. 3rd Street Bridge and Flood Control Improvements – San Bernardino International Airport Authority, CA - Senior Engineer. Worked with the San Bernardino International Airport Authority (SBIAA), Inland Valley Development Agency (IVDA) and the City of San Bernardino to come up with a modified street frontage design and also provided the design of two vehicular bridges to cross over the 3rd street channel which will ultimately provide direct access to the property and avoided negative impacts to the existing San Bernardino County Flood Control City Creek Channel.

Sediment Transport Study for the Santa Ana River, Reach 3, California – Riverside County Flood Control District, CA Project Engineer responsible for the development of a HEC-6T sediment transport model predicting the aggradation/degradation of a 7.4-mile reach of the Santa Ana River. The calibrated model was used to develop recommendations for repair, modification, and/or reconstruction of levee improvements including groins. Development included the assessment of historical topography/morphology, sensitivity analyzes, n-value, time step, rating curve, sediment inflow) to model observed variations in bed profile, inclusion of bridges, and scour analyses.

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DocuSign Envelope ID: EE2F76EF-4E60-46D9-A281-AD7AE745B08B Proposal for Focused Study
Meyers Creek Drainage System
Principal-in-Charge
John McCarthy, PE, CFM brings over three decades of experience on hydrology, hydraulics, and scour for transportation and flood control projects. He is highly skilled at managing complex drainage and flood engineering projects. Over the past 30 years, he has been involved with numerous flood control and trail engineering projects along the Santa Ana River and other regional flood control facilities in Orange County including work with the Orange County Public Works and the U.S. Army Corps of Engineers. He has extensive experience working on hydraulic and scour analyses for bridge design projects.

RELEVANT PROJECT EXPERIENCE
Hydromodification Mapping and Documentation for Santa Ana River Watersheds, San Bernardino County, CA. Mr.

McCarthy was the Project Manager of the team provided engineering services to the San Bernardino County Flood Control District to prepare a comprehensive mapping and analysis of stormwater conveyance facilities within the Santa Ana River Watershed area in San Bernardino County. Work included developing a rapid assessment methodology and applying it to non-hardened streams and channels to identify those susceptible to adverse impacts from hydromodification of the watersheds.

Chino Preserve Storm Drain Master Plan Update, Chino, CA. City of Chino. Project Manager for the preparation of hydrology and hydraulic studies to update the City’s storm drain master plan. Prepared new hydrology based on the city’ current land use plan, identified deficient storm drain systems and developed alternatives and recommendations for the updated master plan. Work included preliminary design plans for Line I, a proposed double 8’ x 8’ RCB, that extends for

2.5 miles along Euclid Drive (State Hwy 83).

State Route 91 Eastbound Widening Project, Orange County, CA. Orange County Transportation Authority. Hydraulic Engineer. As part of the WKE team for the SR-91 Eastbound Widening provided river hydraulics and scour analysis to support the design of the bridge widening over the Santa Ana River. Completed a Final Hydraulics Report for the bridge crossing and processed the necessary encroachment permit with OCPW, license agreement with the OCWD, and the 408 permit with the USACE.

Storm Water Master Plan, Rancho Palos Verdes, CA. Principal-in-Charge. The Rancho Palos Verdes Master Plan included the development of a GIS database for the storm drain inventory including a Facility Mapping Tool which was utilized to gather field data and keep the City informed of the field work schedule and findings. Data gathering for the project included filling in missing as-built data such as inverts and facility naming. The hydrology and hydraulics modeling were completed utilizing GIS, XPSWMM, and XPWSPGW. This master plan includes the integration of storm water quality retrofit opportunities. The Master Plan will ultimately provide the City with a comprehensive “living” storm water master plan. The master plan also includes a project prioritization scheme and a Capital Improvement Plan.

Prado Dam Outlet Works Project, Riverside County, CA. U.S. Army Corps of Engineers. Responsible for the final engineering plans, specifications and estimates for raising the dam embankment and construction of a new outlet works associated with the Prado Dam Improvements for the Los Angeles District, Army Corps of Engineers. The project included the development of plans for a stilling basin, energy dissipater, and installation of a gauging station and electronic flow meters to monitor flow rates in the outlet channel.

Santa Ana River Parkway-Trail and Bikeway Project, Orange County CA. Orange County Public Works. Project Manager.

Development of alignments and preliminary plans for the extension of the trails along the Santa Ana River from Gypsum Canyon Road to Green River Golf Course.

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DocuSign Envelope ID: EE2F76EF-4E60-46D9-A281-AD7AE745B08B Proposal for Focused Study
Meyers Creek Drainage System
Deputy Project Manager & Conceptual Study Task Lead
Tom Ryan, MS, PE has over 24 years of experience in the design and analysis of flood control and drainage systems. Tom is an expert at watershed modeling and has been on the forefront of advanced modeling including the use of combined one- and two- dimensional analysis for complex drainage and diversion systems. He has completed improvement plans and technical studies for numerous channels, storm drains, and diversion structures for agencies including the San Bernardino County Flood Control District, USACE, and Riverside County Flood Control and Water Conservation District. Tom’s work in advanced hydraulic modeling and public awareness has included first-of-its-kind simulations that resulted in award winning projects and numerous national and local presentations and publications

RELEVANT PROJECT EXPERIENCE
City of Redlands Storm Drain Master Plan, Redlands, CA. As Project Manager, managed team that performed an investigation of the City of Redland’s drainage infrastructure to identify the existing system’s capacity and recommend improved facility sizing for the Master Plan of Drainage. Each system was prioritized. Regional and local solutions were evaluated to identify the most cost-effective solutions. As part of the facility analyses, a comprehensive urbanized area hydraulic model was prepared in XPSWMM using a fully dynamic, linked 1-D/2-D model. The project included updating the City’s Storm Drain GIS database to include linked As-Built plans to their respective drainage systems. A City specific “Green Initiatives” identified potential locations for water quality BMP implementation. Locations were identified based on location, expected tributary pollutant loadings, and downstream impaired water bodies. The final report prepared included a full cost estimate that ranked each system into recommended construction priorities.

Laguna Woods Village Surface Drainage Improvements Design, Laguna Woods, CA. Project Manager for project that included improving surface drainage features of an area known for flooding. Improvements included channel widening, addition of a large culvert crossing, implementing graded berms, and adding retaining walls and residential flood gates to control surface flooding. The design and impacts of the proposed improvements were evaluated using XP’s version of the Storm Water Management Model (XPSWMM). A coupled 1-D and 2-D model was prepared to evaluate and design the proposed surface improvements and identify their potential hydraulic impacts on the existing subsurface drainage system.

The resulting surface drainage improvements saved the client more than $3.5M in previously proposed infrastructure costs.

City of Yucaipa Ultimate Culvert Crossing Designs, Yucaipa, CA. Project Engineer for the design of two ultimate (100-year) culvert crossings and associated local storm drain improvements. The project included culvert design, roadway drainage design, which included multiple inlets and pipe storm drain facilities and roadway design. Responsibilities included hydraulic analysis, plan preparation and oversight, utility agency coordination, pressure (water) line relocation, cost estimations, specification writing, and roadway design and realignment. Additional responsibilities included coordination and completion of Caltrans Local Assistance forms required for this federally funded project.

City of La Quinta Focused Drainage Study, La Quinta, California. Project manager for a multi-company effort to evaluate the City’s current drainage infrastructure and identify solutions to reduce current flooding issues. Recent large storm events caused extensive flood damage to certain parts of the City. Due to the topographic and climatic characteristics of the City, an advanced hydrologic and hydraulic modeling approach was used to develop potential design alternatives to alleviate the flooding issues. The project included using an alternative hydrology approach (distributed rainfall method, or DRM) in conjunction with a fully 2-dimensional (2-D) surface model of a major portion of the City. The existing and proposed storm drain facilities were linked to the 2-D model to create a single comprehensive, fully dynamic 1D/2D hydrologic/hydraulic model for various storm events. The models were validated against actual storm flood photos prior to implementing proposed drainage solutions. Mr. Ryan was instrumental in selecting the methodology, performing the calculations, validating the results, and delivering the results to the City. This level of detail for an urban area flood analysis is a first of its kind in the Coachella Valley. This project is still ongoing and will also include presentations to the City Council.

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DocuSign Envelope ID: EE2F76EF-4E60-46D9-A281-AD7AE745B08B Proposal for Focused Study
Meyers Creek Drainage System
Primary Staff Table
The Q3/PEC Team primary staff is highlighted in the table below. Detailed resumes for key staff identified on the organization chart are provided following the table.

NAME/ROLE/EXPERIENCE LICENSES/EDUCATION RELEVANT PROJECT EXPERIENCE Q3 CONSULTING / PROACTIVE ENGINEERING CONSULTANTS
Zach Snyder, PE
Hydrology, Hydraulics
7-Years
Civil Engineer, CA #87537 


La Quinta Focused Drainage Study
Redlands Regional Drainage Focus Study
Northeastern Sphere Annexation, San
Bernardino
Whitewater River Channel/Drop Structures
Morongo Creek Channel & Diversion Structure
B.S., Civil Engineering, California State
Polytechnic University, Pomona – 2014


Howard J. Barndt, MS, PE
Hydrology/Hydraulics
Civil Engineer, CA #65914 B.S.,
California State University, Long Beach,
Civil Eng. – 1999 M.S., California State
University, Long Beach, Civil Eng. –
2004
 Master Plan of Drainage Update, Wilson and
Wildwood Creeks, Yucaipa
 Drainage Master Plan for North, South, and
West Santa Ana River Tributary Areas,
Anaheim
20-Years
 Encinitas Stormwater Master Plan
Candace Tong, PE
Preliminary Design and Costs
7-Years
Civil Engineer, CA #90444 



Chino Preserve Drainage Master Plan
Fontana Focused Drainage Master Plan
Whitewater River Improvement Plans
Arroyo Simi Grade Control Structure Design
B.S., Civil Engineering, University of
California, Irvine – 2014
Amy Derrett, EIT
Hydrology, Hydraulics
8-Years
B.S., Civil & Environmental Engineering,
University of California, Los Angeles –
2012
 The Farm Redevelopment Hydrology &
Drainage Facility Design
Chino Storm Drain Line G
Pine Avenue Widening
Holy Sepulcher Cemetery Hydrology &
Drainage



Jeff Langdon, PE
Preliminary Channel Design
35-Years
Civil Engineer, CA #42429  Pine Ave Widening & Regional Drainage Facilities
Chino Line I Dbl. 8’x8’ RCB Design
Borrego Wash Channel and Diversion
Agua Chinon, Bee Canyon and Serrano Creek
Hydraulics and Design
B.S., Civil Engineering, University of
Nebraska, Lincoln – 1984 


Justin Ware, PLS
Right-of-Way Documents
18-Years
Professional Land Surveyor, CA #9242
Operating Engineers Local 12
Certified Party Chief - 2012




Metro Orange Line Extension
Orange County Sanitation District Plants 1 & 2
Pomona College Land Surveys
Pine Avenue Widening
Bob Gregory BS in Civil Engineering from the
University of Missouri – Rolla (Formerly
Missouri School of Mines)



Kaiser Permanente Upgrades
Travertine Flood Hazard Mitigation Plan
Grand Terrace Focused Area Master Plan UpdateDry Utilities

ECORP CONSULTING
Scott Taylor Certified CRAM, Wetland Training
Institute


On-Call Biological and Ecological Services Contract
First Line of Defense (FLOD) Project, San
Bernardino
County CEQA Documentation and Regulatory
Permitting for the Sunburst Avenue Class
Protocols and requirements for the USFWS,
USACE, CDFW, RWQCB and Bureau of Land
Management.

Regulatory Permitting
30-Years Practitioner: Riverine Module 
BA Biology, Point Loman Nazarene
University

ECORP CONSULTING
Jesus “Freddie” Olmos
CEQA Evaluation
34-Years
Environmental Analysis; CEQA; NEPA,
University of California, Los Angeles


Riverside County Flood Control and Water
Conservation District
CEQA IS/MND and Regulatory Permitting for the
Mountain View Acres Storm Drain Project, San
Bernardino County – County of San
Bernardino/Flood Control District Department of
Public Works
BA, Environmental Analysis & Design
Urban & Regional Planning, University
of California, Irvine
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DocuSign Envelope ID: EE2F76EF-4E60-46D9-A281-AD7AE745B08B Proposal for Focused Study
Meyers Creek Drainage System
Project Understanding and Work Plan
Project Understanding
The City of San Bernardino needs a qualified stormwater engineering firm to perform a detailed assessment of the Meyers Canyon drainage system and generate conceptual alignments for improvements to Meyers Canyon. The evaluation will generate a matrix of channel configurations to be characterized based on type (channel or box culvert), size, materials, regulatory permitting scope and duration, construction cost, land acquisition, hydraulic efficiency, and modifications to existing crossings.

The drainage area is classified as online E-11 of the County’s Comprehensive Storm Drain Plan (CSDP) No. 7. Six tracts have recently been developed within the drainage area, including Tracts 16502, 16533, 17329, 17367, 20150, and 20539.

The Meyers Canyon drainage system crosses successively W Meyers Road and Belmont Avenue W before its confluence with the unimproved Cable Creek. Downstream of the existing confluence, Cable Creek has been improved to an engineered channel with a soft bottom to minimize costs, environmental mitigation, and other conveyance considerations.

The focused hydrology study of Meyers Creek will extend from its headwaters to its point of confluence with Cable Creek. Our team conducted a site visit on November 9, 2022 to evaluate the source of mud and debris flows that discharged onto North Little League Drive after the November 7-8 storm event. Two initial observations were made:

1. The current course of Meyers Creek could have been altered from its historical path or could differ from the anticipated course in the vicinity of parcels 026106101 and 034811112. Q3 will perform a thorough evaluation of the upstream drainage course to identify whether improvements are necessary upstream of Meyers Road crossing. Sedimentation and scour will also be evaluated to ensure that the channelization of Meyers Creek would not negatively impact Cable Creek.

2. Sediment laden flows breached the existing settling basin along North Little League Drive. Q3 will perform a cursory review of the two existing basins, including a quantification of upstream debris flows and consistency of the current design with industry standards. Q3 will also provide recommendations for conceptual repairs.

The alternative alignment evaluation will focus on the reach from approximately 1,200 linear feet upstream of W Meyers Road to the confluence of Meyers Creek with Cable Creek.

Q3 Consulting proposes to develop both a hydrology model and a hydraulic model for the focused reach consistent with the San Bernardino County Flood Control District (FCD) standards, with the goal of identifying a cost-effective and implementable drainage system for the study area.

Work Plan
Task 1 – Baseline Collection and Review
Q3 will coordinate with the City and County FCD to research, collect, and review existing background data. Data collection includes existing City GIS drainage and watershed maps, as-built drawings for the local storm drain facilities and regional drainage systems (Cable Creek), as-builts for the existing creek crossings (W Meyers Road, Belmont Avenue W, N Little League Road), FEMA Flood Insurance Study data, available topography (LiDAR data), previous project reports, and existing Q3 Consulting/PROACTIVE P a g e | 7
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DocuSign Envelope ID: EE2F76EF-4E60-46D9-A281-AD7AE745B08B Proposal for Focused Study
Meyers Creek Drainage System
and proposed development hydrology/hydraulic/sediment yield studies for Tracts 16502, 16533, 17329, 17367, 20150, and 20539, existing hydrology study for Cable Creek. Specific attention will be given to the debris basin upstream of Tract No. 17367.

Q3 has determined that the 2018 LiDAR high resolution topo is available for the drainage area. Q3 assumes that no additional topographic data will be necessary for the focused drainage study. The creek alignment will be based on the GIS database of the County’s Assessor Office.

Q3 will perform a site visit to review the existing condition, including a field investigation of the drainage conduits or culvert crossings, signs of erodibility, existing utilities and infrastructure, review of new storm drain infrastructure by new tracts, and identify conceptual alignments that may minimize impacts.

The site visit will be extended to the vicinity of parcels 026106101 and 034811112, as well as the upstream reaches of Meyers Creek, where deemed accessible by the City. Q3 will evaluate the expected drainage course, as well as notable changes, of Meyers Creek at critical locations. We understand that the City may be able to supply recent drone aerials and survey for the area of interest.

This data will be used to set up the hydrology and hydraulic models.

Task 2 – Focus Area Hydrology & Hydraulics
During the proposal process, Q3 has estimated the total drainage area to exceed 910 acres or 1.4 square miles. The County’s Hydrology Manual recommends that the rational method be used for determining time of concentrations in watersheds larger than 1 square mile. The time of concentration will then be used in the preparation of the Single Area Unit Hydrograph (SAUH).

Task 2.1 Hydrology
Q3 will delineate the entire drainage area tributary to Meyers Canyon based on the 2018 LiDAR topo using GIS delineation tools. Q3 will utilize existing rational method hydrology to develop subwatershed hydrographs at main line concentration points within the study areas. Using the rational method time-of-concentrations and loss rate data, Q3 will prepare models using hydrologic computational softwares approved by the County’s FCD and MS Excel to develop Single Area Unit Hydrographs at pertinent concentration points.

Task 2.2 Hydraulics
Q3 will develop a one-dimensional, steady-state, HEC-RAS hydraulic model that extends from approximately 1,200 linear feet upstream of W Meyers Road to the confluence of Meyers Creek with Cable Creek. Downstream control will be set per the Base Flood Elevation defined on DFIRM Panel #06071C7930J. The models will include the two existing crossings.

Model runs will be prepared for both the existing (interim) and ultimate condition, as well as for the 100- and 500-year events. Model runs will be performed for the anticipated channel configurations, including existing condition, concrete lined trapezoidal channel, bank lined trapezoidal channel, RCB, or RCP.

Q3 will perform a series of watershed-based hydraulic simulations to examine and identify the prevailing flood pattern behavior along the study reach alignment to understand its hazard and risk potential as well as support the conceptualization and implementation of an effective flood protection solution. The simulations may help delineate the current course of Meyers Creek and identify whether improvements are necessary upstream of the Meyers Road crossing.

An annotated map will be created to showcase the results from each scenario.

Task 2.3 Sedimentation and Scour
Q3 will evaluate the event-based and long-term sediment transport behavior of the Meyers Canyon main stem based on the results of model simulations coupled with other relevant scour computations as part of the alternative analysis process to determine the vertical channel profile stability constraints. These constraints will be used to guide the design of the proposed channel improvements with respect to grade control and toe-down requirements. As part of this effort, the collection and analysis of sediment samples will be performed at four locations along the study reach alignment to support the characterization of the bed material as part of the sediment transport model definition.

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DocuSign Envelope ID: EE2F76EF-4E60-46D9-A281-AD7AE745B08B Proposal for Focused Study
Meyers Creek Drainage System
Task 3 –Evaluation of Interim Detention Basins
Q3 will conduct a site visit of the two settling basins to evaluate the conditions that have led to storm flows breaching the embankment. Q3 will review the approved storm drain plans for Tract No. 17329 and identify potential drainage improvements within the future right-of-way. The size, shape, and configuration of the proposed debris basin upstream of Tract No. 17329 will be reviewed and compared to the expected debris volumes.

Using the results from the investigation, Q3 will generate a technical memorandum to summarize its assessment and provide a list of conceptual recommendations. We assume that access to the site will be allowed by the City.

Task 4 – Preliminary Design Alternatives
Task 4.1 Existing Utility Alignments
Early coordination with third-party utility purveyors is critical in mitigating lengthy delays during construction. Q3 will prepare the first utility notification letter at project kickoff to notify intent of project and request as-builts and data. The latest list and contact information of third-party utility purveyors should be provided by the City. Q3 will ask the City to submit the request to SCE/SCG to avoid non-governmental fees.

Acquired information regarding alignments (horizontal and vertical) of existing utilities will be profiled in CAD to identify potential conflicts and relocations.

Task 4.2 Environmental Assessment
It is understood that any substantial improvement to the creek will result, at a minimum, in the need for an initial study/mitigated negative declaration. Q3 will work with subconsultant ECORP to define a list of potential technical studies to support the CEQA/NEPA process, the anticipated regulatory permits (401/404/1602), and the anticipated timeline based on previous experience. The actual studies and reports are deferred to final engineering.

ECORP will prepare an environmental constraints analysis for the alternative alignment scenarios. Constraints to the project would be related to the removal of mature trees and potential impacts to nesting birds (e.g., raptors), temporary air quality (including greenhouse gases), noise, and traffic flow impacts during construction, and the proximity of residential development. An Environmental Constraints Report will identify potential environmental constraints and permits that would be required to support the proposed Project. The analysis will be based on the 20 environmental resources areas as listed in the CEQA Initial Study Checklist.

ECORP will conduct an aquatic resources delineation for portions of the Meyer Canyon drainage system that may be subject to either direct or indirect impacts due to the Project. This includes the portion from the West Belmont Avenue Arizona crossing to 1,200 linear feet upstream of the Meyers Road crossing. A report will be prepared that describes potential waters of the U.S., including wetlands, and identify anticipated mitigation requirements.

Task 4.3 Conceptual Right-Of-Way Assessment
Q3 will use the Parcel GIS database of the County’s Assessor Office to lay out the parcels impacted under each channel configuration and identify the right-of-way requirements for each alternative. An anticipated drainage easement will also be required to facilitate the long-term maintenance of the drainage improvements.

This proposal includes a budget to purchase up to 14 Preliminary Title Reports (PTRs). The intent is to review the PTRs of privately-owned parcels that may be impacted by the ultimate improvements to Meyers Creek. The intent is to identify and align all existing easements for incorporation into the alternative matrix and into the conceptual plans.

Task 4.4 Preliminary Design Report (PDR)
Q3 will prepare a conceptual design plan of each alternative, including layout in plan view and typical cross-sections with standard details and standard specifications. Non-standard details are deferred to final engineering. For the preferred alignment selected by the City, a 40-foot scale conceptual profile will be generated. Lot lines and the Google Earth aerial will be shown per the County Assessor GIS database. The maintenance access road will be incorporated into the plan view layouts per County’s FCD standards. The location of maintenance ramps will be finalized during final engineering.

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DocuSign Envelope ID: EE2F76EF-4E60-46D9-A281-AD7AE745B08B Proposal for Focused Study
Meyers Creek Drainage System
Improvements to the existing Arizona low-water crossing at Belmont Ave W may require a realignment of the street vertical profile. One 40-foot scale plan view and a vertical profile of the street centerline will be generated for the proposed drainage improvements.

Q3 will develop a comparative matrix that defines the configuration, cost, right-of-way, environmental, construction timeline, existing utility impacts, and hydraulic efficiency of each alternative.

Q3 will prepare a preliminary engineer’s estimate of probable costs based on unit costs provided by the City and the latest construction bids for similar projects to be provided by the County’s FCD. Conceptual costs for right-of-way acquisition, and environmental mitigation will be included.

Q3 will prepare a Preliminary Design Report (PDR) to define the conceptual hydrology and hydraulic models and describe the considered alternatives. The report will include project assumptions, calculations, methods, and graphics for the alternative solutions. The written report and appendices will serve as the technical documentation for the preliminary engineering design. This report shall include the background for the design criteria and assumptions, hydrology and hydraulic model, and identification of the recommended improvements.

Q3 will prepare the exhibits for presentation to City Council.

Deliverable(s):
.
.
.

One (1) draft PDR in PDF format and hardcopy
One (1) final PDR in PDF format and hardcopy
One (1) set of exhibits for presentation at City Council in electronic format Task 5 – Meeting & Coordination
Project Management – Q3 will update the Project Work Plan based on the comments received during the kickoff meeting.

The Project Work Plan will build on the proposal with details for each deliverable, schedule, budget, meetings, and QA/QC process. The project schedule will be finalized after the kickoff meeting. During the course of the project, Q3 will attend conference calls and make themselves available for coordination with the team.

Coordination Meetings – Q3 will arrange progress status and coordination meetings throughout the life of the project with the City. We anticipate that coordination meetings will take place at project kickoff, draft channel alignment, draft PDR, and final PDR. We anticipate that coordination with the County’s FCD will take place after delivering the draft set of alternative concept plans.

Presentation to City Council – Q3 will use the exhibits prepared as part of the PDR development. Q3 will prepare a draft PowerPoint presentation and a script for review by City Staff. Updates to the PowerPoint presentation and the script will be made to address the City’s comments. Our proposal assumes a presentation to the City Mayor and City Council.

Deliverable(s):
.
.
.

Draft Presentation in PowerPoint format
Final Presentation in PowerPoint format
Full scale exhibits for presentation at City Council in PDF. Full size hardcopies can be produced by a professional reprographics service using the reimbursable budget.

Assumptions:

1. Third Party Fees, if any, to be paid by the City

2. Any other work task not specifically set forth in the above Scope of Services Q3 Consulting/PROACTIVE P a g e | 10
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DocuSign Envelope ID: EE2F76EF-4E60-46D9-A281-AD7AE745B08B Proposal for Focused Study
Meyers Creek Drainage System
Anticipated Data Needs
At project kickoff, Q3/PEC will work proactively with the City to obtain the following data and initiate the development of the focused drainage study. Anticipated needs may include:
.
.
.

Existing drainage and watershed maps in GIS format.

As-built drawings for the local storm drain facilities and regional drainage systems (Cable Creek).

As-builts for the existing street and utility improvements along W Meyers Road, Belmont Avenue W, and N Little League Road.
.
.
.
.
.

Available topography (LiDAR data).

Available utility mapping in the project vicinity.

Construction drawings, drainage reports for Tracts 16502, 16533, 17329, 17367, 20150, and 20539.

Map that defines interim and ultimate land use condition.

Assist in coordination with the County’s FCD to obtain the hydrology study and the RAS hydraulic model for Cable Creek.
.
.
.

Grant no-fee right-of-way access.

And any information or data that is deemed beneficial to the focused drainage study.

Potential access to private property
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DocuSign Envelope ID: EE2F76EF-4E60-46D9-A281-AD7AE745B08B Proposal for Focused Study
Meyers Creek Drainage System
Anticipated Schedule
We have prepared a schedule of project deliverables with the goal of delivering a Final PDR before the end of June 2024.

Our due diligence during the proposal stage has allowed us to get ahead of schedule with research. Anticipating the issues enables Q3 to stay in control of a realistic schedule. The following assumptions were made:
.
.
.

Notice to proceed and project kickoff after January 18, 2023 Review of submittals by City – three weeks turnaround
Coordination with the County’s FCD will be initiated at project kickoff In addition, the following measures will be implemented to maintain control of the schedule:
. Remi will be the single point of responsibility for meeting the schedule: Our Project Manager is a single point of contact and has the responsibility of tracking progress versus schedule. Remi will maintain lines of communication internally and with the City to keep the staff updated with required action plans to help us stay on schedule. . The proposed staff would be made available for overtime and/or additional staff would be asked to assist.

Weeks
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 … 75 Plan Plan
Start DurationTask

1. Baseline Collection and Review
Data Gathering and Site Visit1 1 5

2. Focus Area Hydrology & Hydraulics

1. Hydrology 4
7 4
30 27
30 2. Hydraulics

3. Sedimentation and Scour

3. Evaluation of Interim Detention Basins

3.a Draft Investigation Memo 1
6 8
5 2
3 CITY REVIEW

3.b Final Investigation Memo

4. Preliminary Design Alternatives

1. Existing Utility Alignments 4
4 4

2. Environmental Assessment/J.D.

Conceptual Right-of-Way
Assessment
30 3. 4
8 30

54.a Conceptual Exhibits
CITY REVIEW #1
Draft PDR and Draft City Council
Presentation
13 3

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6 3CITY REVIEW #2
Draft PDR and Draft City Council
Presentation 25
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4CITY REVIEW #3
Final Preliminary Design Report
(PDR) 38
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755. Meetings and Coordination
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DocuSign Envelope ID: EE2F76EF-4E60-46D9-A281-AD7AE745B08B Proposal for Focused Study
Meyers Creek Drainage System
Experience and Technical Competence
Experience
Q3 was started as a dba of Proactive Engineering Consultants Inc. (PEC) in January 2018. Since 1993, staff members have partnered with the San Bernardino County Flood Control District and local cities and agencies for the design of stormwater projects including flood control channels, culverts, diversion structures, and stormwater retention and detention basins. Q3/PEC is a full-service engineering firm with expertise in civil engineering, wet utility relocations, dry utility coordination, field surveying and mapping, and construction management. .
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Regional/Local Hydrology .
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1- & 2-Dimensional Hydraulic Modeling
Cost Estimates
Stakeholder Coordination (SBCFCD,
Caltrans, adjacent Cities, etc.)
Erosion and Sediment Control Plans
Stormwater Quality / BMPs
CFD Budgets
Wet and Dry Utility Planning/Relocations
Utility Surveys
Topographic Surveys
Street and Utility Improvement Plans
Municipal Storm Drain and Flood Control
Channel Design
Preliminary Site Constraints
Freeway Task Mitigation Analysis Studies
Grading Plans and related Studies
Right-of-Way Engineering
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3D Laser Scanning
Aerial / Photogrammetric Surveys
ALTA / ACSM Land Title Surveys
Dry Utility Coordination
Construction Management
And more…
Technical Competence
Non-Exhaustive List of Computer Programs owned and proficiently operated by Q3/PEC Staff:
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80+ user workstations, all dual screens connected via fiber-optic WAN to facilitate collaboration Hydrology: AES, HEC-HMS, ArcGIS, XP-SWMM, TUFLOW
Hydraulics: WSPG, HEC-RAS, XP-SWMM, Flowmaster, FHWA HEC Tools CADD: AutoCAD, BIM, Revit, Civil 3D, MicroStatio, Geopak, Geopak 3D Modeling, InRoads Conceptual Design: Adobe PDF, Make Sketchup, Revu Bluebeam, Publisher Collaboration: Sharepoint, Sharefile FTP, MS Teams, GoToMeetings, Webex, etc.

Project Management: MS Project, BQE Core Engineer
Q3/PEC has a diversified staff of 80 professional engineers, surveyors, and administrative support. Together with our subconsultant partner, ECORP, we provide the ability complete, upon short notice, a wide range and number of potentials on-call projects for the City. Our proposed team is comprised of a core group of professionals that are familiar with the day-to-day demands of task orders.

Should there be a scheduling or scoping challenge arise, we have the ability to bring in internal qualified and experienced staff to augment our productivity and meet the City’s objectives. Our team is dedicated to providing a high-quality product to the City of San Bernardino. We are ready to deliver immediately! Q3 Consulting/PROACTIVE P a g e | 13
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Meyers Creek Drainage System
Project Specific Experience

RENAISSANCE MASTER PLAN LINE D TO
JURISDICTIONAL CACTUS BASIN | RIALTO, CA
DATES: 2018-2022

PROJECT INFORMATION
Client: City of Rialto
Michael Tahan, City of Rialto Former Public Works Director with full knowledge of project. Phone: (909) 262-4770. Email: [email protected] Fee: $566,000 Design
Remi Candaele, as Senior Project Manager under previous entity, led the preparation of construction documents for the Baseline Road storm drain project. The 9’x7’ box facility starts at Tamarind Avenue and drains east to outlet in Cactus Basin #3 (1.5 miles long). The size drainage infrastructure was optimized using the 2D hydraulic component of XPSWMM. Drainage parameters are consistent with the Cactus Basin Drainage Study (San Bernardino County Flood Control District, 2015) and the San Bernardino County Hydrology Manual.

A Composite Utility Plan was created based on record drawings gathered from wet and dry utility companies. The Plan served as a key support to identify the most efficient horizontal and vertical alignments, along with the definition of a trench detail.

Coordination with DSOD is necessary to obtain an encroachment permit for penetrating through the jurisdictional dam. Penetration design details include 1:10 concrete structures and articulated joints. The Cactus Basins provided significant flood mitigation benefits to accommodate the undersized and erosion-prone Cactus Channel downstream of Baseline Road.

The project includes the preparation of plan, specification and estimates for the storm drain, street, and utility relocation plans.

THE PRESERVE DRAINAGE MASTER PLAN UPDATE |

CHINO HILLS, CA
DATES: 2020-2021

PROJECT INFORMATION
Client: City of Chino
Natalie Avila, Principal. Phone: 909-334-3406. Email: [email protected] Fee: $450,000
Q3 Consulting provided engineering services to update the Master Plan of Drainage for the City of Chino’s “Preserve” area. The original master plan was prepared in 2003 and updated for the Preserve Specific Plan area in 2007. Numerous changes within the Preserve including the on-going widening of Pine Avenue, as well as the offsite watershed changes associated with the Chino Airport and the City of Ontario, have necessitated the need for a comprehensive update to the current Master Plan of Drainage for The Preserve. Q3 prepared updated hydrology in accordance with San Bernardino County Hydrology Manual guidelines for the City and offsite drainage areas. The hydrology incorporated existing studies for the individual tracts within the Preserve into a comprehensive overall master plan, including the integration of existing flood detention basins. Updated hydraulic analyses for six (6) major drainage facilities were prepared to identify deficiencies and provide required facility alignments and sizes for Lines C, F, G, H, I, and J in accordance with the existing and future planned development.

Line I was the most critical piece of the master plan update and detailed alternatives, and preliminary plans were prepared for the facility. The facility is proposed to be a double barrel 8-foot wide by 8-foot height reinforced concrete box culvert (RCB) for a reach of 13,000 feet. Q3 prepared 35% plan for the recommended alternative for Line I. A master plan document was prepared to document the methodology and results of the analysis. Updated cost estimates for the drainage facilities were prepared and incorporated into the City’s drainage impact fee (DIF).

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Meyers Creek Drainage System
MPD SYSTEM T-2 STORM DRAIN AND STREET
IMPROVEMENTS | FONTANA, CA
DATES: 2018-2022

PROJECT INFORMATION
Client: City of Fontana
Chris Smethurst, Associate Engineer. Phone: (909) 350-6649. Email:
[email protected]
Fee: $575,000 Design
Remi Candaele, as Senior Project Manager under previous entity, led the preparation of construction documents for 2.5 miles of stormdrain improvements with RCP pipe sizes up to 96-inch diameter, for the master-planned Cypress Avenue storm drain (MPD Line T-2). The facilities start at Sierra Avenue and drain west to the intersection of Cypress Avenue and Foothill Boulevard and continue southbound on Cypress Avenue to connect to the County 9’x7’ West Fontana Channel lateral near the intersection with Orange Way. A detailed Composite Utility Plan was created using base files and record drawings gathered from wet and dry utility companies. The Plan served as a key support to identify the most efficient horizontal and vertical alignments, along with the definition of a trench detail.

A feasibility evaluation for curb, sidewalk, and accessibility improvements was performed to identify design alternatives and itemize potential repairs. Street Improvements include 3,000 lineal feet of raised landscaped medians, two traffic signal modifications; widening the Foothill/Juniper intersection; 1.25 miles of ADA retrofit of all sidewalks, curb ramps, and driveway approached; and

2.25 miles of pavement rehabilitation. A construction phasing plan was also prepared to minimize impacts on local traffic and residents. The project includes the preparation of plan, specification and estimates for the storm drain, street, and utility relocation plans.

NORTH EASTERN SPHERE ANNEXATION SPECIFIC
PLAN (NESASP) STUDIES | SAN BERNADINO COUNTY, CA
DATES: 2018-2020

PROJECT INFORMATION
Client: San Bernardino County Flood Control District
David Doublet, Assistant Director. Phone: (909)387-7918. Email:
[email protected]
Fee: $120,000
Q3 team members provided hydrology and hydraulic engineering services to support the NESASP. Work included preparing regional hydrology to develop peak flows tributary to the proposed project site. The main offsite area includes the mountainous area between the Deer Creek and Day Creek dams. Evaluations included removing a portion of the inline detention basin “levee” system to allow flows to naturally run through the project site. Q3 Team members worked directly with SBCFCD to review their HEC-RAS

5.0 two-dimensional (2-D) models. Standard hydraulics were also performed by the Q3 Team members to identify appropriate levee removals that would not impact the downstream floodplain.

Engineering services also include evaluating natural bottom culverts and bridge type structures for proposed roadway crossings within the project site. Hydraulic models extended down to Banyan Street, where SBCFCD has several culverts under the roadway.

Our team evaluated alternatives with the goal of not impacting these, or any downstream, structures. Q3 Consulting is now contracted to support regional planning for the flood control facilities within the project. As part of this effort, Q3 Consulting has been requested to provide oversight for the SBCFCD 2-D modeling effort.

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DocuSign Envelope ID: EE2F76EF-4E60-46D9-A281-AD7AE745B08B Proposal for Focused Study
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FONTANA FOCUSED DRAINAGE MASTER PLAN
UPDATE| FONTANA, CA
DATES: 2018-2020

PROJECT INFORMATION
Client Reference: City of Fontana
Kathy Raasch, Sr. Engineer. Phone: (909) 428-8814. Email: [email protected] Fee: $100,000
Q3 Consulting provided engineering services to prepare a focused drainage study for a portion of the City of Fontana master plan of drainage. The study focuses on the north portion of the City evaluating two major drainage areas: the area tributary to the Duncan Road storm drain (Line A), and the area tributary to the Summit Avenue storm drain (Line B). This project involved coordination and acceptance of methodology from San Bernardino County Flood Control District as Line A discharged into the Hawker-Crawford Channel and a majority of Line B was already constructed and discharged into the San Servaine Basin.

This study was instigated by the proposed development (The Arboretum) by Lewis Management Corporation. As part of their agreement with the City, Lewis would construct the main storm drain infrastructure along Dunlap Road, or Line A. Previous studies had been prepared proposing large conduits. Q3 was hired to re-evaluate the system hydrology and hydraulics models fix discrepancies, update land uses and evaluate the required facility type and size. Rational and Unit Hydrograph hydrology was prepared and routed through the conduit system with complex diversions, and multiple tributary hydrographs. As part of this study, Q3 evaluated the potential diversion of flows from Line A south to Line B since the newly constructed Line B had substantial freeboard associated with it. Q3 also focused on diverting flows from both Line A and Line B to a series of man-made lakes within the Sierra Lakes development. Diverting flows into these lakes was evaluated to store and percolate flows to maximize potential ground water replenishment.

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DocuSign Envelope ID: EE2F76EF-4E60-46D9-A281-AD7AE745B08B Proposal for Focused Study
Meyers Creek Drainage System

WHITEWATER RIVER CHANNEL AND GRADE CONTROL
IMPROVEMENTS| INDIAN WELLS, CA
DATES: 2018-2021

PROJECT INFORMATION
Client: City of Indian Wells / The Wildlands Conservancy Jack Thompson, The Wildlands Conservancy (TWC). Phone: (760) 325-7222. Email:

[email protected]
Fee: $429,000
Q3 provided engineering services for the analysis and conceptual design for improvements to the Whitewater River, as part of the Indian Wells Crossing development project. The team prepared a basis of design report and identified recommendations for proposed improvements to the Whitewater River Stormwater Channel (WWRSC). The project reach within the WWRSC extends approximately 3,000 feet downstream of Miles Avenue Bridge and 1,500 feet upstream (west) of the bridge. The work included the evaluation of new slope lining and stabilization/modification of grade control structures along a one-mile reach of the channel. The channel has a 100-year design discharge of 47,000 cfs. Technical studies included river hydraulics, long-term sediment transport, and scour studies along the channel and at the bridge and drop structure locations. The detailed analyses included HEC-RAS hydraulic models, scour calculations, sediment transport modeling, drop structure evaluation and design, and local bridge element scour calculations. Based on the results of the studies the project scope was expanded to develop improvement plans for the required improvements. Processed the plans and report through CVWD for approvals. The proposed improvements include construction of approximately 12,000 lf of concrete slope lining, improvements to existing grade control structure, and several storm drain outlets to the WWRSC for local drainage. Proposed improvements were designed in accordance with CVWD and Riverside County criteria. Several workshops were held with the approving agencies and their review consultant to develop a design that meets the needs of the project and would be acceptable to CVWD when dedicated to them for ownership and maintenance.

GRAND TERRACE FOCUSED AREA MASTER PLAN
UPDATE| GRAND TERRACE, CA
DATES: 2019-2022

PROJECT INFORMATION
Client: City of Grand Terrace
Alan French, Principal Engineer. Phone: (909) 824-6621 X251. Email:
[email protected].

Fee: $124,000
Q3 Consulting provided engineering services to update the “Pico” area of the City’s master plan of drainage. The City’s draft master plan update was never completed and lacked the necessary information for the required storm drain sizes associated with new development projects. The update for the Pico area included an advanced hydrology/ hydraulic SWMM model that used a combination of 2-d surface flow analysis with a 1-d subsurface (storm drain) analysis. Due to the steep terrain, and gridded street network, a rain-on-grid approach was used for the developed urban areas to more accurately determine the stormwater run-off patterns. The rational method and unit hydrograph hydrology for the hillslopes tributary to the urban areas were prepared in accordance with San Bernardino County hydrology methods and incorporated into the advanced models.

The update included the evaluation of the existing watershed conditions to identify the deficiencies and flood prone areas. These areas were confirmed through discussions with City staff and review of historic flooding documentation. Q3 identified a set of potential alternatives and evaluated the effectiveness in the hydrology/hydraulic model. The results of the alternatives analysis runs were used to determine the most cost-effective solutions for the deficient areas. Alignments and facilities sizes were prepared for the recommended storm drain systems. A focused master plan update report was prepared and processed for approval through the City.

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Meyers Creek Drainage System
Additional References
Project RepresentativeImage Description Reference
Remi Candaele, as Senior Project Manager under previous entity, and Q3 Staff have been assisting the City with its Stormwater Implementation Program, providing a wide range of services. A few services have included the preparationof:

As-NeededStormwater
On-Call AndRegional
StormDrain JimMerid
Improvements Principal
Constructiondocuments for LID and Trash BMPs including the McCallen Park Water Quality Improvements to remove trash and debris from more than 2 squaremiles. Design challenges included:

City of HuntingtonBeach
(714) 375-8445HuntingtonBeach, Ca
Fee: $290,000
[email protected]
Shoring for a 32-foot-deep pit for the implementation of the hydrodynamic separator
LACCD A/E On-Call:

StormwaterMitigation
Improvements
Remi Candaele served as Senior Project Manager under previous entity and ledarchitecture, engineering, surveying, andconstruction NatalieMason
Project Manageradministration services for the preparation and theimplementation of the stormwater program in response to the anticipated Phase II Permit. Tasks performed included Plans, specification, and estimates for stormdrain, sewer, water quality, street, electrical, and landscaping improvements. CGP Inspections and QSP support.

Stormwater capture and reuse studies.

Los Angeles Community College
DistrictSylmar, Ca
(818) 367-7236
[email protected]: $375,000
Q3 prepared technical hydrology and hydraulic studies and construction documents for the stormdrainfacilities associated with the widening of Pine Avenue from Euclid Avenue to Hellman Avenue, a 2-mile reach in the City of Chino. The roadway is being widened to support the increased traffic demand as a result of the buildout of the Chino Agricultural Preserve area. Detailed street flooded width, catch basin, and stormdrain hydraulic calculations were prepared to support the design.

Pine Avenue Widening Amer Jakher
Director of Public Works
City of ChinoCity of Chino, CA
909-334-3265
Fee: $3,500,000Design [email protected]
County of Ventura On-
Call Stormwater
Assistance
Assisting the Countywide Stormwater Implementation Program with: (1) design services for storm drain, drainage, and regional BMP projects to meet TSOs milestones ; (2) Perform reviews of LID Reports, gradingplans, anddrainage studies as part of the County’s discretionary and grading permit applications; (3) Coordination and review of plans, reports, andestimatesfromCaltrans District 7 for the joint stormwater project in Saticoy; and (4) Development and implementation of system-wide drainage and stormwater improvements to address the TMDLs and known flooded locations.

EwelinaMutkowska
CSPManager
County of VenturaWatershed
ProtectionDistrict
Ventura, CA
805.645.1382
Cumulative Fee to
Date: $490,000 [email protected]
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Testimonials
“It has been a true pleasure working with you (Remi) and your team, your performance has been worth commending and I have no doubt it will only get better as the projects move forward.” Monelito Mendoza, BuildLACCD Stormwater Improvement Project Manager “I would definitely have positive feedback to share.”
Jim Merid, Environmental Principal Engineer, City of Huntington Beach “I have no reservation whatsoever in recommending Mr. Remi Candaele, PE for the 2-dimensional rainfall-runoff model of the City’s watersheds.”
Brent Siemer, Deputy Public Works Director, City of Simi Valley Avenue E culverts under construction on Wilson Creek
in City of Yucaipa
Storm Drain Encasement
to Santa Clara River
Levee System, Oxnard,
CA
Underground Detention and Infiltration,
Sylmar,CA
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Schedule of Charges
A detailed schedule of charges is included. The cost proposal includes hourly rates for all staff, anticipated direct and indirect charges, costs for site visits, reproductions, and other miscellaneous reimbursable expenses.

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It is recommended that the Mayor and City Council of the City of San Bernardino California, adopt Resolution No. 2025-028, authorizing the City Manager and/or designee to amend the City’s Master List of certain streets or portions therefor as through highways and authoring the establishments of Stop control at the following locations:
a. Hill Dr & Mountain Dr (Ward 4)
b. Holly Vista Blvd & Garrilee Dr (Ward 7)
c. Holly Vista Blvd and Conejo Dr (Ward7)
d. Holly Vista Blvd & Garden Dr (Ward 7)
e. Esperanza St & K St (Ward 3)
f. Mountain View Ave & 33 rd St (Ward 7)
g. Mountain View Ave & 36 th St (Ward 7)
h. 40th St & Golden Ave (Ward 4)
i. 46 th St & Genevieve St (Ward 4)
j. Rialto Ave and J St (Ward 1,3)
k. Valencia Ave & Marshall Blvd (Ward 7)
Executive Summary
The Public Works Department recommends the approval of the installation of stop signs at the above locations to enhance safety and improve vehicular and pedestrian Packet Page. 439
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flow. The proposed stop signs with the City’s broader commitment to improve safety and accessibility on the roadway segments in the City.

Background
Staff received a citizen request to evaluate the potential installation of stop signs control at the following intersections:
a) Hill Dr & Mountain Dr
b) Holly Vista Blvd & Garrilee Dr
c) Holly Vista Blvd and Conejo Dr
d) Holly Vista Blvd & Garden Dr.
e) Esperanza St & K St
f) Mountain View Ave & 33 rd St
g) Mountain View Ave & 36 th St
h) 40th St & Golden Ave
i) 46 th St & Genevieve St
j) Rialto Ave & J St
k) Valencia Ave & Marshall Blvd

Guidelines published in the California Manual of Uniform Traffic Control Devices (CA MUTCD) on the use of stop signs have been adopted by the City. The guidelines recommend the use of a stop sign facing the minor street of a 4-legged intersection and the terminating leg of a T-intersection, if certain conditions exist to better clarify and regulate right-of-way at an intersection. Additionally, common factors and warrants considered for the installation of stop signs are as follows:
• Traffic Volumes
• Pedestrian Volume
• Visibility
• Collision History
Discussion
The Traffic Engineering Section of the Public Works Department has been focused on installing stop signs at uncontrolled intersections and implementing two way and four -way stops at intersections with limited visibility and a history of collisions. These uncontrolled intersections have led to confusion among drivers, making it challenging for vehicles, bicyclists, and pedestrians to safely navigate crossings without clear stop signs. This lack of signage can result in drivers not having enough time to notice pedestrians, cyclists, and cross traffic, leading to difficulties in deciding whether to come to a full stop at these intersecting streets.

Staff investigated traffic conditions at the intersections referenced above and found that stop signs should be installed to better clarify the rules of the road at each intersection. Stop signs are also recommended to mitigate sight distance issues such Packet Page. 440
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as corner landscaping, corner perimeter or structure walls, and/or horizontal or vertical road curvature which may exist at these locations.

The table below identifies the types of sight distance issues and other causes found at each intersection:

The City must designate roadways as Through Highways in order to implement traffic control measures. Staff presented the proposed stop sign locations to the City’s Public Safety and Human Relations Commission (PS&HR) at its December 9, 2024, meeting. For the intersection of Rialto Ave and J St, it was presented to the PSHRC at the Febuary12, 2024 meeting. The intersection of Valencia Ave & Marshall Blvd was presented to the ( PS&HR) at the January 13, 2025 meeting. The Commission recommended the establishment of the stops at the intersections indicated on the above table.
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No. 3d: Improved Quality of Life –The project will evaluate and enhance the quality of public safety services.

Fiscal Impact
The estimated cost to install the “Stop” signs and add pavement markings ranges between $3,000- $4,000 for each location. Public Works has an existing contract with Calstripe, Inc., a Paving and Markings contractor to implement the proposed stop sign installations.

Intersection Justification for Stop
Sign
Location of Visual
Impairment
Hill Ave and Mountain Ave (shared
with the County) Line of sight NEC
Holly Vista Blvd & Garrilee Dr Uncontrolled N/A
Holly Vista Blvd & Conejo Dr Uncontrolled N/A
Holly Vista Blvd and Garden Dr Uncontrolled N/A
Esperanza St & K St Offset Intersection N/A
Mountain View Ave & 33rd St Line of Sight SEC
Mountain View Ave & 36rd St Line of Sight SEC & NWC
40th St & Golden Ave Line of Sight SWC
46th St & Genevieve St Line of Sight NWC
Rialto Ave & J St Collisions N/A
Valencia Ave. & Marshall Blvd. Petition Warrant N/A
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Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025-028, authorizing the City Manager and/or designee to amend the City’s Master List of certain streets or portions therefor as through highways and authoring the establishments of Stop control at the following locations:
a. Hill Dr & Mountain Dr (Ward 4).
b. Holly Vista Blvd & Garrilee Dr(Ward 7).
c. Holly Vista Blvd and Conejo Dr (Ward7).
d. Holly Vista Blvd & Garden Dr (Ward 7).
e. Esperanza St & K St (Ward 3 )
f. Mountain View Ave & 33 rd St (Ward 7)
g. Mountain View Ave & 36 th St (Ward 7)
h. 40th St & Golden Ave (Ward 4)
i. 46 th St & Genevieve St (Ward 4)
j. Rialto Ave and J St (Ward 1,3)
k. Valencia Ave & Marshall Blvd (Ward 7)
Attachments

1. Attachment 1- Resolution 2025-028

2. Attachment 2- Sight Distance & Location Map-Hill Dr & Mountain Dr

3. Attachment 3- Location Map- Holly Vista Blvd & Garrilee Dr

4. Attachment 4- Location Map- Holly Vista Blvd & Conejo Dr

5. Attachment 5- Location Map- Holly Vista Blvd & Garden Dr

6. Attachment 6- Location Map- Esperanza St and K St

7. Attachment 7- Location Map- Mountain View Ave & 33 rd St

8. Attachment 8- Location Map- Mountain View Ave & 36 th St

9. Attachment 9- Location Map- 40 th St and Golden Ave

10.Attachment10- Location Map- 46 th St & Genevieve St

11.Attachment 11- Location Map- Rialto Ave & J St

12.Attachment 12- Location Map – Valencia Ave & Marshall Blvd

13.Attachment 13- Stop Sign Warrant- Hill Dr & Mountain Dr

14.Attachment 14- Stop Sign Warrant- Holly Vista Blvd & Garrilee Dr

15.Attachment 15- Stop Sign Warrant- Holly Vista Blvd & Conejo Dr

16.Attachment 16- Stop sign Warrant- Holly Vista Blvd & Garden Dr

17.Attachment 17- Stop Sign Warrant- Esperanza St & K St

18.Attachment 18- Stop Sign Warrant- Mountain View Ave & 33 rd St

19.Attachment 19- Stop Sign Warrant- Mountain View Ave & 36 th St

20.Attachment 20- Stop Sign Warrant- 40 th St and Golden Ave

21.Attachment 21- Stop Sign Warrant- 46 th St & Geneveive St

22.Attachment 22- Stop Sign Warrant- Rialto Ave & J St

23.Attachment 23- Stop Sign Warrant – Valencia Ave & Marshall Blvd

24.Attachment 24- Sight Distance Analysis- Mountain Ave & 33 rd St Packet Page. 442
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25.Attachment 25- Sight Distance Analysis- 46 th St & Genevieve St

26.Attachment 26- Sight Distance Analysis- 40 th St & Golden Ave

27.Attachment 27- Sight Distance Analysis- Mountain Ave & 36 th

28.Attachment 28- Exhibit A- Master list
Ward:
1,3,4,7
Synopsis of Previous Council Actions:

None
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Resolution No. 2025-028
Resolution 2025-028
February 5, 2025

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RESOLUTION NO. 2025-028

RESOLUTION OF THE MAYOR AND CITY COUNCIL

OF THE CITY OF SAN BERNARDINO AMENDING
THE CITY’S MASTER LIST OF CERTAIN STREETS

OR PORTIONS AS THROUGH HIGHWAYS AND

AUTHORIZING THE ESTABLISHMENT OF STOP

CONTROL AT THE INTERSECTIONS OF HILL DR &

MOUNTAIN DR, HOLLY VISTA & GARRILEE DR,

HOLLY VISTA & CONEJO DR, HOLLY VISTA &

GARDEN DR, ESPERANZA ST & K ST, MOUNTAIN
VIEW AVE & 33 RD ST, MOUTAIN VIEW AVE & 36 TH
ST, 40TH ST & GOLDEN AVE, 46 TH ST & GENEVIEVE
ST AND RIALTO AVE & J ST, VALENCIA AVE. &
MARSHALL BLVD.

WHEREAS, the Traffic Engineering Section of the Public Works Department is focused on installing stop signs at uncontrolled intersections and implementing two way and four -way stops at intersections with limited visibility and a history of collisions; and WHEREAS, guidelines published in the California Manual of Uniform Traffic Control Devices (CA MUTCD) on the use of stop signs have been adopted by the City; and WHEREAS, in order to meet eligibility for the installation fo traffic control measures, roadways within the City must be designated as Through Highways in accordance with the Vehicle Code of the State of California; and
WHEREAS, the City previously adopted Resolution No. 655 and subsequent amendments designating various roadways as Through Highways and Boulevards throughout the City; and
WHEREAS, the City rescinded Resolution No. 655 of the City of San Bernardino to designate certain streets or portions thereof as through Highways; and WHEREAS, the City adopted Master List to designate certain streets or portions thereof as through Highways and Boulevards throughout the City (Exhibit A) ; and WHEREAS, the Traffic Engineering Division of the Public Works Department received a request to evaluate traffic control needs at the intersections of Hill Dr & Mountain Dr, Holly Vista Blvd & Garrilee Dr, Holly Vista & Conejo Dr, Holly Vista Blvd & Garden Dr, Esperanza St & K St, Mountain View Ave & 33rd St, Mountain View Ave & 36th St, 40th St & Golden Ave, 46th St and Genevieve St, Rialto Ave and J St., Valencia & Marshall Blvd.; and WHEREAS, staff have determined the intersections of Hill Dr & Mountain Dr, Holly Vista Blvd & Garrilee Dr, Holly Vista & Conejo Dr, Holly Vista Blvd & Garden Dr, Esperanza St Packet Page. 444
Resolution No. 2025-028
Resolution 2025-028
February 5, 2025

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2 7
& K St, Mountain View Ave & 33rd St, Mountain View Ave & 36th St, 40th St & Golden Ave, 46th St and Genevieve St, Rialto Ave and J St, and Valencia & Marshall Blvd meets the warrants for an All -Way stop sign installation at the locations; and WHEREAS, staff presented the proposed stop sign locations to the City’s Public Safety and Human Relations Commission (PS&HR) at its February 12, 2024 and December 9, 2024, meeting and PS&HR recommended the establishment of the stops at the intersections outlined in this Resolution; and
WHEREAS, the City intends to install traffic control in the form of a stop control on these roadway segments to enhance traffic safety at Hill Dr & Mountain Dr, Holly Vista Blvd & Garrilee Dr, Holly Vista & Conejo Dr, Holly Vista Blvd & Garden Dr, Esperanza St & K St, Mountain View Ave & 33rd St, Mountain View Ave & 36th St, 40th St & Golden Ave, 46th St and Genevieve St, Rialto Ave & J St., Valencia & Marshall Blvd, and;

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 add to the Master List - Exhibit “A”, the following intersections: the intersections of Hill Dr & Mountain Dr, Holly Vista Blvd & Garrilee Dr, Holly Vista & Conejo Dr, Holly Vista Blvd & Garden Dr, Esperanza St & K St, Mountain View Ave & 33rd St, Mountain View Ave & 36th St, 40th St & Golden Ave, 46th St and Genevieve St, Rialto Ave and J St, Valencia & Marshall Blvd.

SECTION 3. 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 4. 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 5. Effective Date. This Resolution shall become effective immediately.

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Resolution No. 2025-028
Resolution 2025-028
February 5, 2025

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APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 5th day of February 2025.

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
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Resolution No. 2025-028
Resolution 2025-028
February 5, 2025

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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. 2025-028, adopted at a regular meeting held on the 5 th day of February 2025 by the following vote:

Genoveva Rocha, CMC, City Clerk
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City of San Bernardino

WARRANTS FOR STOP SIGN INSTALLATION
Location Existing Control Prepared by/Date Checked by/Date Hill Ave and Mountain Ave AJ 11/27/2024 AJ 11/27/2024
POLICY
Stop sign may be warranted at an intersection where any of the following warrants A-1, A-2, B or C are met
A-1 STATE WARRANTS FOR MULTI-WAY STOP CONTROL
Warrant is satisfied if any of the following criteria are met

CRITERIA REQUIREMENTS REMARKS Y N
A-1.1 Traffic signals are warranted and urgently needed, multi-way stop need to be installed as interim measure until signal is installed N
A-1.2 Five or more right angle and/or turning movement accidents in recent 12 months
N
A Combined vehicle volume on major street during any 8 hours averages 300+ veh/hr
N
B
Combined vehicle and pedestrian volume on minor street during the same 8 hours averages 200+ unit/hr, And Delay to minor street vehicles during the maximum hour of the same 8 hours averages 30 sec/hr
N
A1.3:

All 3
conditions
listed to
the right
must be
met to
satisfy
warrant
A-1.3
C 85th percentile approach speed exceeds 40 mph (64 km/h), min. vehicular volume warrant is 70% of the above requirements N A-1.4 Where no single criterion is satisfied, but where Criteria A-1.2, A-1.3A, and A-1.3B are all satisfied to 80% of the minimum values N A-1.5
If visibility cannot otherwise be addressed, there is a need to control vehicle-pedestrian conflicts (or bicycle) near high pedestrian/bicycle generators, left-turn or right-angle conflicts, or the traffic operation of an intersection of two residential streets of similar design and operational characteristics would be improved with an All-way stop.

Line of
sight is not
sufficient
facing EB
Yes
A-1: IS STATE WARRANT FOR MULTI-WAY STOP CONTROL SATISFIED? A-2 STATE WARRANTS FOR TWO/ONE-WAY STOP CONTROL
Warrant is satisfied if any of the following criteria are met

CRITERIA REQUIREMENTS REMARKS Y N
A-2.1
On the less important road at its intersection with a main road where accident history justifies the placement of Stop signs.

A-2.2
On a county road or city street with its intersection with a State Highway.

A-2.3
At the intersection with two main highways. The highway traffic to be stopped depends on the approach speeds, volumes and turning movements.

A-2.4 On a street entering a legally established through highway or street.

A-2.5
On a minor street where the safe speed is less than 10 mph (16 km/h).

A-2.6 At an un-signalized intersection in a signalized area.

Packet Page. 459
A-2.7 At intersections where a combination of high speed, restricted view and accident records indicates a need for control by the Stop sign.

A-2: IS STATE WARRANT FOR TWO/ONE-WAY STOP CONTROL SATISFIED? Packet Page. 460
B.PETITION WARRANTS FOR LOCAL RESIDENTIAL STREETS

BY CITY ADMINISTRATIVE POLICY
Use only at residential street intersections excluding arterials, collectors, local collectors, where ADT do not exceed 2,500 Vehicles on each Intersecting Street Warrant B is satisfied if B and any two of the criteria B-1 through B-12 are met

CRITERIA REQUIREMENTS
REMARK
S Y N
B.

Is there a petition signed by more than 60% of property owners/residents located within 600 feet of proposed stop sign; AND TWO OF THE FOLLOWING CRITERIA ARE MET.

B-1. School located within 600 feet of intersection and intersection is on “suggested route to school”.

B-2. Streets leading to intersection do not intersect at right angles.

B-3. One or more streets leading to intersection is at a grade of more than 5%.

B-4.

Where one or more of the approaches, requiring the stop sign(s), does not meet the required minimum sight distance, due to permanent view obstruction or roadway geometry.

B-5. Intersection is abutting a park, major shopping center or other high pedestrian use facility.

B-6. Pedestrian volume greater than 480 units/hr in any 8 hour period.

B-7.

The combined vehicular and pedestrian volume crossing the major street exceeds 125 units during at least two hours where at least 200 vehicles enter the intersection each hour from all approaches during any 8-hour period.

B-8. One approach of the intersection is a driveway serving a commercial area.

B-9. One approach of the intersection is a driveway servicing a residential property.

B-10.

Pass through (non-local traffic) on the subject residential street exceeds 50 vehicles per hour and exceeds 40% of the vehicle traffic during the hours from 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m. on a non-holiday Tuesday, Wednesday, or Thursday, with local traffic defined as vehicles traversing/commuting through the neighborhood.

B-11. The vehicle volume entering the intersection from all approaches exceeds 600 units during any hour at an intersection.

B-12.

Less than desirable pedestrian or vehicular conditions not listed above or contained in the criteria of the State of California for the installation of Stop signs exist at the intersection (as determined/verified by the City’s licensed Traffic Engineer).

B: IS B PLUS ANY TWO OF THE CRITERIA B-1 THROUGH B-12 SATISFIED? Packet Page. 461
C. ACCIDENTS AND SAFETY WARRANTS FOR LOCAL RESIDENTIAL STREETS

BY CITY ADMINISTRATIVE POLICY
Use Only at Residential Street Intersections Where ADT do not exceed 2,500 Vehicles on each Intersecting Street
Warrant C is satisfied if C and any two conditions C-1 through C-10 are met

CRITERIA REQUIREMENTS REMARKS Y N
C.

Three or more accidents in a 12 month period susceptible to correction by stop signs; or at least 200 vehicles enter the intersection each hour from all approaches during any consecutive 8 hour period; AND TWO OF THE FOLLOWING CRITERIA ARE MET.

C-1. School located within 600 feet of intersection and intersection is on “suggested route to school”.

C-2. Streets leading to intersection do not intersect at right angles.

C-3. One or more streets leading to intersection is at a grade of more than 5%.

C-4.

Where one or more of the approaches, requiring the stop sign(s), does not meet the required minimum sight distance, due to permanent view obstruction or roadway geometry.

C-5. Intersection is abutting a park, major shopping center or other high pedestrian use facility.

C-6. Pedestrian volume is greater than 480 units/hr in the 8-hour period.

C-7.

C-8. One approach of the intersection is a driveway serving a commercial area.

C-9. One approach of the intersection is a driveway servicing a residential property.

C-10.

Pass through (non-local traffic) on the subject residential street exceeds 50 vehicles per hour and 40% of the vehicle traffic during the hours from 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m. on a non-holiday Tuesday, Wednesday, or Thursday, with local traffic defined as vehicles traversing/commuting through the neighborhood.

C-11. The vehicle volume entering the intersection from all approaches exceeds 600 units during any hour at an intersection.

C-12.

Less than desirable pedestrian or vehicular conditions not listed above or contained in the criteria of the State of California for the installation of stop signs exist at the intersection (as determined/verified by the City’s licensed Traffic Engineer).

C: IS C PLUS ANY TWO CRITERIA C-1 THROUGH C-10 SATISFIED? Packet Page. 462
DID THIS LOCATION MEET ANY OF THE WARRANTS A-1, A-2, B OR C ABOVE?

IF YES, CHECK WARRANTS MET
A-1 A-2 B C

IF ANY OF THE WARRANTS ARE MET, A STOP SIGN SHOULD BE INSTALLED AFTER APPROVAL BY MAYOR AND COMMON COUNCIL AND THE INTERSETION IS DESIGNATED A “STOP INTERSECTION” BY THE MAYOR AND COMMON COUNCIL.

Good traffic engineering judgment must be exercised before installing stop signs at certain intersections (whether it meets the warrants or not)
X
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City of San Bernardino

WARRANTS FOR STOP SIGN INSTALLATION
Location Existing Control Prepared by/Date Checked by/Date Holly Vista Blvd & Garrilee Dr AJ 11/27/2024 AJ 11/27/2024 POLICY
Stop sign may be warranted at an intersection where any of the following warrants A-1, A-2, B or C are met
A-1 STATE WARRANTS FOR MULTI-WAY STOP CONTROL
Warrant is satisfied if any of the following criteria are met

A-1: IS STATE WARRANT FOR MULTI-WAY STOP CONTROL SATISFIED? A-2 STATE WARRANTS FOR TWO/ONE-WAY STOP CONTROL
Warrant is satisfied if any of the following criteria are met

CRITERIA REQUIREMENTS REMARKS Y N
A-2.1
On the less important road at its intersection with a main road where accident history justifies the placement of Stop signs.

A-2.2
On a county road or city street with its intersection with a State Highway.

A-2.3
At the intersection with two main highways. The highway traffic to be stopped depends on the approach speeds, volumes and turning movements.

A-2.4 On a street entering a legally established through highway or street. X A-2.5
On a minor street where the safe speed is less than 10 mph (16 km/h).

A-2.6 At an un-signalized intersection in a signalized area.

Packet Page. 464
A-2.7 At intersections where a combination of high speed, restricted view and accident records indicates a need for control by the Stop sign.

A-2: IS STATE WARRANT FOR TWO/ONE-WAY STOP CONTROL SATISFIED? X Packet Page. 465
B.PETITION WARRANTS FOR LOCAL RESIDENTIAL STREETS

CRITERIA REQUIREMENTS
REMARK
S Y N
B.

Is there a petition signed by more than 60% of property owners/residents located within 600 feet of proposed stop sign; AND TWO OF THE FOLLOWING CRITERIA ARE MET.

B-1. School located within 600 feet of intersection and intersection is on “suggested route to school”.

B-2. Streets leading to intersection do not intersect at right angles.

B-3. One or more streets leading to intersection is at a grade of more than 5%.

B-4.

Where one or more of the approaches, requiring the stop sign(s), does not meet the required minimum sight distance, due to permanent view obstruction or roadway geometry.

B-5. Intersection is abutting a park, major shopping center or other high pedestrian use facility.

B-6. Pedestrian volume greater than 480 units/hr in any 8 hour period.

B-7.

B-8. One approach of the intersection is a driveway serving a commercial area.

B-9. One approach of the intersection is a driveway servicing a residential property.

B-10.

B-11. The vehicle volume entering the intersection from all approaches exceeds 600 units during any hour at an intersection.

B-12.

B: IS B PLUS ANY TWO OF THE CRITERIA B-1 THROUGH B-12 SATISFIED? Packet Page. 466
C. ACCIDENTS AND SAFETY WARRANTS FOR LOCAL RESIDENTIAL STREETS

CRITERIA REQUIREMENTS REMARKS Y N
C.

C-1. School located within 600 feet of intersection and intersection is on “suggested route to school”.

C-2. Streets leading to intersection do not intersect at right angles.

C-3. One or more streets leading to intersection is at a grade of more than 5%.

C-4.

Where one or more of the approaches, requiring the stop sign(s), does not meet the required minimum sight distance, due to permanent view obstruction or roadway geometry.

C-5. Intersection is abutting a park, major shopping center or other high pedestrian use facility.

C-6. Pedestrian volume is greater than 480 units/hr in the 8-hour period.

C-7.

C-8. One approach of the intersection is a driveway serving a commercial area.

C-9. One approach of the intersection is a driveway servicing a residential property.

C-10.

C-11. The vehicle volume entering the intersection from all approaches exceeds 600 units during any hour at an intersection.

C-12.

C: IS C PLUS ANY TWO CRITERIA C-1 THROUGH C-10 SATISFIED? Packet Page. 467
DID THIS LOCATION MEET ANY OF THE WARRANTS A-1, A-2, B OR C ABOVE?

IF YES, CHECK WARRANTS MET
A-1 A-2 B C

IF ANY OF THE WARRANTS ARE MET, A STOP SIGN SHOULD BE INSTALLED AFTER APPROVAL BY MAYOR AND COMMON COUNCIL AND THE INTERSETION IS DESIGNATED A “STOP INTERSECTION” BY THE MAYOR AND COMMON COUNCIL.

Good traffic engineering judgment must be exercised before installing stop signs at certain intersections (whether it meets the warrants or not)
X
Packet Page. 468
City of San Bernardino

WARRANTS FOR STOP SIGN INSTALLATION
Location Existing Control Prepared by/Date Checked by/Date Holly Vista Blvd & Conejo Dr NONE AJ 11/27/2024 AJ 11/27/2024 POLICY
Stop sign may be warranted at an intersection where any of the following warrants A-1, A-2, B or C are met
A-1 STATE WARRANTS FOR MULTI-WAY STOP CONTROL
Warrant is satisfied if any of the following criteria are met

A-1: IS STATE WARRANT FOR MULTI-WAY STOP CONTROL SATISFIED? A-2 STATE WARRANTS FOR TWO/ONE-WAY STOP CONTROL
Warrant is satisfied if any of the following criteria are met

CRITERIA REQUIREMENTS REMARKS Y N
A-2.1
On the less important road at its intersection with a main road where accident history justifies the placement of Stop signs.

A-2.2
On a county road or city street with its intersection with a State Highway.

A-2.3
At the intersection with two main highways. The highway traffic to be stopped depends on the approach speeds, volumes and turning movements.

A-2.4 On a street entering a legally established through highway or street. X A-2.5
On a minor street where the safe speed is less than 10 mph (16 km/h).

A-2.6 At an un-signalized intersection in a signalized area.

Packet Page. 469
A-2.7 At intersections where a combination of high speed, restricted view and accident records indicates a need for control by the Stop sign.

A-2: IS STATE WARRANT FOR TWO/ONE-WAY STOP CONTROL SATISFIED? X Packet Page. 470
B.PETITION WARRANTS FOR LOCAL RESIDENTIAL STREETS

CRITERIA REQUIREMENTS
REMARK
S Y N
B.

Is there a petition signed by more than 60% of property owners/residents located within 600 feet of proposed stop sign; AND TWO OF THE FOLLOWING CRITERIA ARE MET.

B-1. School located within 600 feet of intersection and intersection is on “suggested route to school”.

B-2. Streets leading to intersection do not intersect at right angles.

B-3. One or more streets leading to intersection is at a grade of more than 5%.

B-4.

Where one or more of the approaches, requiring the stop sign(s), does not meet the required minimum sight distance, due to permanent view obstruction or roadway geometry.

B-5. Intersection is abutting a park, major shopping center or other high pedestrian use facility.

B-6. Pedestrian volume greater than 480 units/hr in any 8 hour period.

B-7.

B-8. One approach of the intersection is a driveway serving a commercial area.

B-9. One approach of the intersection is a driveway servicing a residential property.

B-10.

B-11. The vehicle volume entering the intersection from all approaches exceeds 600 units during any hour at an intersection.

B-12.

B: IS B PLUS ANY TWO OF THE CRITERIA B-1 THROUGH B-12 SATISFIED? Packet Page. 471
C. ACCIDENTS AND SAFETY WARRANTS FOR LOCAL RESIDENTIAL STREETS

CRITERIA REQUIREMENTS REMARKS Y N
C.

C-1. School located within 600 feet of intersection and intersection is on “suggested route to school”.

C-2. Streets leading to intersection do not intersect at right angles.

C-3. One or more streets leading to intersection is at a grade of more than 5%.

C-4.

Where one or more of the approaches, requiring the stop sign(s), does not meet the required minimum sight distance, due to permanent view obstruction or roadway geometry.

C-5. Intersection is abutting a park, major shopping center or other high pedestrian use facility.

C-6. Pedestrian volume is greater than 480 units/hr in the 8-hour period.

C-7.

C-8. One approach of the intersection is a driveway serving a commercial area.

C-9. One approach of the intersection is a driveway servicing a residential property.

C-10.

C-11. The vehicle volume entering the intersection from all approaches exceeds 600 units during any hour at an intersection.

C-12.

C: IS C PLUS ANY TWO CRITERIA C-1 THROUGH C-10 SATISFIED? Packet Page. 472
DID THIS LOCATION MEET ANY OF THE WARRANTS A-1, A-2, B OR C ABOVE?

IF YES, CHECK WARRANTS MET
A-1 A-2 B C

IF ANY OF THE WARRANTS ARE MET, A STOP SIGN SHOULD BE INSTALLED AFTER APPROVAL BY MAYOR AND COMMON COUNCIL AND THE INTERSETION IS DESIGNATED A “STOP INTERSECTION” BY THE MAYOR AND COMMON COUNCIL.

Good traffic engineering judgment must be exercised before installing stop signs at certain intersections (whether it meets the warrants or not)
X
Packet Page. 473
City of San Bernardino

WARRANTS FOR STOP SIGN INSTALLATION
Location Existing Control Prepared by/Date Checked by/Date Holly Vista Blvd & Garden Dr NONE AJ 11/27/2024 AJ 11/27/2024 POLICY
Stop sign may be warranted at an intersection where any of the following warrants A-1, A-2, B or C are met
A-1 STATE WARRANTS FOR MULTI-WAY STOP CONTROL
Warrant is satisfied if any of the following criteria are met

A-1: IS STATE WARRANT FOR MULTI-WAY STOP CONTROL SATISFIED? A-2 STATE WARRANTS FOR TWO/ONE-WAY STOP CONTROL
Warrant is satisfied if any of the following criteria are met

CRITERIA REQUIREMENTS REMARKS Y N
A-2.1
On the less important road at its intersection with a main road where accident history justifies the placement of Stop signs.

A-2.2
On a county road or city street with its intersection with a State Highway.

A-2.3
At the intersection with two main highways. The highway traffic to be stopped depends on the approach speeds, volumes and turning movements.

A-2.4 On a street entering a legally established through highway or street. X A-2.5
On a minor street where the safe speed is less than 10 mph (16 km/h).

A-2.6 At an un-signalized intersection in a signalized area.

Packet Page. 474
A-2.7 At intersections where a combination of high speed, restricted view and accident records indicates a need for control by the Stop sign.

A-2: IS STATE WARRANT FOR TWO/ONE-WAY STOP CONTROL SATISFIED? X Packet Page. 475
B.PETITION WARRANTS FOR LOCAL RESIDENTIAL STREETS

CRITERIA REQUIREMENTS
REMARK
S Y N
B.

Is there a petition signed by more than 60% of property owners/residents located within 600 feet of proposed stop sign; AND TWO OF THE FOLLOWING CRITERIA ARE MET.

B-1. School located within 600 feet of intersection and intersection is on “suggested route to school”.

B-2. Streets leading to intersection do not intersect at right angles.

B-3. One or more streets leading to intersection is at a grade of more than 5%.

B-4.

Where one or more of the approaches, requiring the stop sign(s), does not meet the required minimum sight distance, due to permanent view obstruction or roadway geometry.

B-5. Intersection is abutting a park, major shopping center or other high pedestrian use facility.

B-6. Pedestrian volume greater than 480 units/hr in any 8 hour period.

B-7.

B-8. One approach of the intersection is a driveway serving a commercial area.

B-9. One approach of the intersection is a driveway servicing a residential property.

B-10.

B-11. The vehicle volume entering the intersection from all approaches exceeds 600 units during any hour at an intersection.

B-12.

B: IS B PLUS ANY TWO OF THE CRITERIA B-1 THROUGH B-12 SATISFIED? Packet Page. 476
C. ACCIDENTS AND SAFETY WARRANTS FOR LOCAL RESIDENTIAL STREETS

CRITERIA REQUIREMENTS REMARKS Y N
C.

C-1. School located within 600 feet of intersection and intersection is on “suggested route to school”.

C-2. Streets leading to intersection do not intersect at right angles.

C-3. One or more streets leading to intersection is at a grade of more than 5%.

C-4.

Where one or more of the approaches, requiring the stop sign(s), does not meet the required minimum sight distance, due to permanent view obstruction or roadway geometry.

C-5. Intersection is abutting a park, major shopping center or other high pedestrian use facility.

C-6. Pedestrian volume is greater than 480 units/hr in the 8-hour period.

C-7.

C-8. One approach of the intersection is a driveway serving a commercial area.

C-9. One approach of the intersection is a driveway servicing a residential property.

C-10.

C-11. The vehicle volume entering the intersection from all approaches exceeds 600 units during any hour at an intersection.

C-12.

C: IS C PLUS ANY TWO CRITERIA C-1 THROUGH C-10 SATISFIED? Packet Page. 477
DID THIS LOCATION MEET ANY OF THE WARRANTS A-1, A-2, B OR C ABOVE?

IF YES, CHECK WARRANTS MET
A-1 A-2 B C

IF ANY OF THE WARRANTS ARE MET, A STOP SIGN SHOULD BE INSTALLED AFTER APPROVAL BY MAYOR AND COMMON COUNCIL AND THE INTERSETION IS DESIGNATED A “STOP INTERSECTION” BY THE MAYOR AND COMMON COUNCIL.

Good traffic engineering judgment must be exercised before installing stop signs at certain intersections (whether it meets the warrants or not)
X
Packet Page. 478
City of San Bernardino

WARRANTS FOR STOP SIGN INSTALLATION
Location Existing Control Prepared by/Date Checked by/Date Esperanza St & K St SB & EB AJ 11/27/2024 AJ 11/27/2024 POLICY
Stop sign may be warranted at an intersection where any of the following warrants A-1, A-2, B or C are met
A-1 STATE WARRANTS FOR MULTI-WAY STOP CONTROL
Warrant is satisfied if any of the following criteria are met

Intersection is
currently Stop
Controlled SB
and EB.

Traffic
operation will
improve for
NB Stop
Control
x
A-1: IS STATE WARRANT FOR MULTI-WAY STOP CONTROL SATISFIED? A-2 STATE WARRANTS FOR TWO/ONE-WAY STOP CONTROL
Warrant is satisfied if any of the following criteria are met

CRITERIA REQUIREMENTS REMARKS Y N
A-2.1
On the less important road at its intersection with a main road where accident history justifies the placement of Stop signs.

A-2.2
On a county road or city street with its intersection with a State Highway.

A-2.3
At the intersection with two main highways. The highway traffic to be stopped depends on the approach speeds, volumes and turning movements.

A-2.4 On a street entering a legally established through highway or street.

A-2.5
On a minor street where the safe speed is less than 10 mph (16 km/h).

A-2.6 At an un-signalized intersection in a signalized area.

Packet Page. 479
A-2.7 At intersections where a combination of high speed, restricted view and accident records indicates a need for control by the Stop sign.

A-2: IS STATE WARRANT FOR TWO/ONE-WAY STOP CONTROL SATISFIED? Packet Page. 480
B.PETITION WARRANTS FOR LOCAL RESIDENTIAL STREETS

CRITERIA REQUIREMENTS
REMARK
S Y N
B.

Is there a petition signed by more than 60% of property owners/residents located within 600 feet of proposed stop sign; AND TWO OF THE FOLLOWING CRITERIA ARE MET.

B-1. School located within 600 feet of intersection and intersection is on “suggested route to school”.

B-2. Streets leading to intersection do not intersect at right angles.

B-3. One or more streets leading to intersection is at a grade of more than 5%.

B-4.

Where one or more of the approaches, requiring the stop sign(s), does not meet the required minimum sight distance, due to permanent view obstruction or roadway geometry.

B-5. Intersection is abutting a park, major shopping center or other high pedestrian use facility.

B-6. Pedestrian volume greater than 480 units/hr in any 8 hour period.

B-7.

B-8. One approach of the intersection is a driveway serving a commercial area.

B-9. One approach of the intersection is a driveway servicing a residential property.

B-10.

B-11. The vehicle volume entering the intersection from all approaches exceeds 600 units during any hour at an intersection.

B-12.

B: IS B PLUS ANY TWO OF THE CRITERIA B-1 THROUGH B-12 SATISFIED? Packet Page. 481
C. ACCIDENTS AND SAFETY WARRANTS FOR LOCAL RESIDENTIAL STREETS

CRITERIA REQUIREMENTS REMARKS Y N
C.

C-1. School located within 600 feet of intersection and intersection is on “suggested route to school”.

C-2. Streets leading to intersection do not intersect at right angles.

C-3. One or more streets leading to intersection is at a grade of more than 5%.

C-4.

Where one or more of the approaches, requiring the stop sign(s), does not meet the required minimum sight distance, due to permanent view obstruction or roadway geometry.

C-5. Intersection is abutting a park, major shopping center or other high pedestrian use facility.

C-6. Pedestrian volume is greater than 480 units/hr in the 8-hour period.

C-7.

C-8. One approach of the intersection is a driveway serving a commercial area.

C-9. One approach of the intersection is a driveway servicing a residential property.

C-10.

C-11. The vehicle volume entering the intersection from all approaches exceeds 600 units during any hour at an intersection.

C-12.

C: IS C PLUS ANY TWO CRITERIA C-1 THROUGH C-10 SATISFIED? Packet Page. 482
DID THIS LOCATION MEET ANY OF THE WARRANTS A-1, A-2, B OR C ABOVE?

IF YES, CHECK WARRANTS MET
A-1 A-2 B C

IF ANY OF THE WARRANTS ARE MET, A STOP SIGN SHOULD BE INSTALLED AFTER APPROVAL BY MAYOR AND COMMON COUNCIL AND THE INTERSETION IS DESIGNATED A “STOP INTERSECTION” BY THE MAYOR AND COMMON COUNCIL.

Good traffic engineering judgment must be exercised before installing stop signs at certain intersections (whether it meets the warrants or not)
X
Packet Page. 483
City of San Bernardino

WARRANTS FOR STOP SIGN INSTALLATION
Location Existing Control Prepared by/Date Checked by/Date Mountain View Ave & 33rd St East-West AJ 11/27/2024 AJ 11/27/2024 POLICY
Stop sign may be warranted at an intersection where any of the following warrants A-1, A-2, B or C are met
A-1 STATE WARRANTS FOR MULTI-WAY STOP CONTROL
Warrant is satisfied if any of the following criteria are met

Line of
sight is not
sufficient
SEC facing
SB
Yes
A-1: IS STATE WARRANT FOR MULTI-WAY STOP CONTROL SATISFIED? A-2 STATE WARRANTS FOR TWO/ONE-WAY STOP CONTROL
Warrant is satisfied if any of the following criteria are met

CRITERIA REQUIREMENTS REMARKS Y N
A-2.1
On the less important road at its intersection with a main road where accident history justifies the placement of Stop signs.

A-2.2
On a county road or city street with its intersection with a State Highway.

A-2.3
At the intersection with two main highways. The highway traffic to be stopped depends on the approach speeds, volumes and turning movements.

A-2.4 On a street entering a legally established through highway or street.

A-2.5
On a minor street where the safe speed is less than 10 mph (16 km/h).

A-2.6 At an un-signalized intersection in a signalized area.

Packet Page. 484
A-2.7 At intersections where a combination of high speed, restricted view and accident records indicates a need for control by the Stop sign.

A-2: IS STATE WARRANT FOR TWO/ONE-WAY STOP CONTROL SATISFIED? Packet Page. 485
B.PETITION WARRANTS FOR LOCAL RESIDENTIAL STREETS

CRITERIA REQUIREMENTS
REMARK
S Y N
B.

Is there a petition signed by more than 60% of property owners/residents located within 600 feet of proposed stop sign; AND TWO OF THE FOLLOWING CRITERIA ARE MET.

B-1. School located within 600 feet of intersection and intersection is on “suggested route to school”.

B-2. Streets leading to intersection do not intersect at right angles.

B-3. One or more streets leading to intersection is at a grade of more than 5%.

B-4.

Where one or more of the approaches, requiring the stop sign(s), does not meet the required minimum sight distance, due to permanent view obstruction or roadway geometry.

B-5. Intersection is abutting a park, major shopping center or other high pedestrian use facility.

B-6. Pedestrian volume greater than 480 units/hr in any 8 hour period.

B-7.

B-8. One approach of the intersection is a driveway serving a commercial area.

B-9. One approach of the intersection is a driveway servicing a residential property.

B-10.

B-11. The vehicle volume entering the intersection from all approaches exceeds 600 units during any hour at an intersection.

B-12.

B: IS B PLUS ANY TWO OF THE CRITERIA B-1 THROUGH B-12 SATISFIED? Packet Page. 486
C. ACCIDENTS AND SAFETY WARRANTS FOR LOCAL RESIDENTIAL STREETS

CRITERIA REQUIREMENTS REMARKS Y N
C.

C-1. School located within 600 feet of intersection and intersection is on “suggested route to school”.

C-2. Streets leading to intersection do not intersect at right angles.

C-3. One or more streets leading to intersection is at a grade of more than 5%.

C-4.

Where one or more of the approaches, requiring the stop sign(s), does not meet the required minimum sight distance, due to permanent view obstruction or roadway geometry.

C-5. Intersection is abutting a park, major shopping center or other high pedestrian use facility.

C-6. Pedestrian volume is greater than 480 units/hr in the 8-hour period.

C-7.

C-8. One approach of the intersection is a driveway serving a commercial area.

C-9. One approach of the intersection is a driveway servicing a residential property.

C-10.

C-11. The vehicle volume entering the intersection from all approaches exceeds 600 units during any hour at an intersection.

C-12.

C: IS C PLUS ANY TWO CRITERIA C-1 THROUGH C-10 SATISFIED? Packet Page. 487
DID THIS LOCATION MEET ANY OF THE WARRANTS A-1, A-2, B OR C ABOVE?

IF YES, CHECK WARRANTS MET
A-1 A-2 B C

IF ANY OF THE WARRANTS ARE MET, A STOP SIGN SHOULD BE INSTALLED AFTER APPROVAL BY MAYOR AND COMMON COUNCIL AND THE INTERSETION IS DESIGNATED A “STOP INTERSECTION” BY THE MAYOR AND COMMON COUNCIL.

Good traffic engineering judgment must be exercised before installing stop signs at certain intersections (whether it meets the warrants or not)
X
Packet Page. 488
City of San Bernardino

WARRANTS FOR STOP SIGN INSTALLATION
Location Existing Control Prepared by/Date Checked by/Date Mountain View Ave and 36th St East-West AJ 11/27/2024 AJ 11/27/2024 POLICY
Stop sign may be warranted at an intersection where any of the following warrants A-1, A-2, B or C are met
A-1 STATE WARRANTS FOR MULTI-WAY STOP CONTROL
Warrant is satisfied if any of the following criteria are met

Line of
sight is not
sufficient
SEC &
NWC
facing SB
&NB
Yes
A-1: IS STATE WARRANT FOR MULTI-WAY STOP CONTROL SATISFIED? A-2 STATE WARRANTS FOR TWO/ONE-WAY STOP CONTROL
Warrant is satisfied if any of the following criteria are met

CRITERIA REQUIREMENTS REMARKS Y N
A-2.1
On the less important road at its intersection with a main road where accident history justifies the placement of Stop signs.

A-2.2
On a county road or city street with its intersection with a State Highway.

A-2.3
At the intersection with two main highways. The highway traffic to be stopped depends on the approach speeds, volumes and turning movements.

A-2.4 On a street entering a legally established through highway or street.

A-2.5
On a minor street where the safe speed is less than 10 mph (16 km/h).

A-2.6 At an un-signalized intersection in a signalized area.

Packet Page. 489
A-2.7 At intersections where a combination of high speed, restricted view and accident records indicates a need for control by the Stop sign.

A-2: IS STATE WARRANT FOR TWO/ONE-WAY STOP CONTROL SATISFIED? Packet Page. 490
B.PETITION WARRANTS FOR LOCAL RESIDENTIAL STREETS

CRITERIA REQUIREMENTS
REMARK
S Y N
B.

Is there a petition signed by more than 60% of property owners/residents located within 600 feet of proposed stop sign; AND TWO OF THE FOLLOWING CRITERIA ARE MET.

B-1. School located within 600 feet of intersection and intersection is on “suggested route to school”.

B-2. Streets leading to intersection do not intersect at right angles.

B-3. One or more streets leading to intersection is at a grade of more than 5%.

B-4.

Where one or more of the approaches, requiring the stop sign(s), does not meet the required minimum sight distance, due to permanent view obstruction or roadway geometry.

B-5. Intersection is abutting a park, major shopping center or other high pedestrian use facility.

B-6. Pedestrian volume greater than 480 units/hr in any 8 hour period.

B-7.

B-8. One approach of the intersection is a driveway serving a commercial area.

B-9. One approach of the intersection is a driveway servicing a residential property.

B-10.

B-11. The vehicle volume entering the intersection from all approaches exceeds 600 units during any hour at an intersection.

B-12.

B: IS B PLUS ANY TWO OF THE CRITERIA B-1 THROUGH B-12 SATISFIED? Packet Page. 491
C. ACCIDENTS AND SAFETY WARRANTS FOR LOCAL RESIDENTIAL STREETS

CRITERIA REQUIREMENTS REMARKS Y N
C.

C-1. School located within 600 feet of intersection and intersection is on “suggested route to school”.

C-2. Streets leading to intersection do not intersect at right angles.

C-3. One or more streets leading to intersection is at a grade of more than 5%.

C-4.

Where one or more of the approaches, requiring the stop sign(s), does not meet the required minimum sight distance, due to permanent view obstruction or roadway geometry.

C-5. Intersection is abutting a park, major shopping center or other high pedestrian use facility.

C-6. Pedestrian volume is greater than 480 units/hr in the 8-hour period.

C-7.

C-8. One approach of the intersection is a driveway serving a commercial area.

C-9. One approach of the intersection is a driveway servicing a residential property.

C-10.

C-11. The vehicle volume entering the intersection from all approaches exceeds 600 units during any hour at an intersection.

C-12.

C: IS C PLUS ANY TWO CRITERIA C-1 THROUGH C-10 SATISFIED? Packet Page. 492
DID THIS LOCATION MEET ANY OF THE WARRANTS A-1, A-2, B OR C ABOVE?

IF YES, CHECK WARRANTS MET
A-1 A-2 B C

IF ANY OF THE WARRANTS ARE MET, A STOP SIGN SHOULD BE INSTALLED AFTER APPROVAL BY MAYOR AND COMMON COUNCIL AND THE INTERSETION IS DESIGNATED A “STOP INTERSECTION” BY THE MAYOR AND COMMON COUNCIL.

Good traffic engineering judgment must be exercised before installing stop signs at certain intersections (whether it meets the warrants or not)
X
Packet Page. 493
City of San Bernardino

WARRANTS FOR STOP SIGN INSTALLATION
Location Existing Control Prepared by/Date Checked by/Date 40th St & Golden Ave NB AJ 11/27/2024 AJ 11/27/2024
POLICY
Stop sign may be warranted at an intersection where any of the following warrants A-1, A-2, B or C are met
A-1 STATE WARRANTS FOR MULTI-WAY STOP CONTROL
Warrant is satisfied if any of the following criteria are met

Line of sight
is limited
facing WB
from the NB
stop control
x
A-1: IS STATE WARRANT FOR MULTI-WAY STOP CONTROL SATISFIED? A-2 STATE WARRANTS FOR TWO/ONE-WAY STOP CONTROL
Warrant is satisfied if any of the following criteria are met

CRITERIA REQUIREMENTS REMARKS Y N
A-2.1
On the less important road at its intersection with a main road where accident history justifies the placement of Stop signs.

A-2.2
On a county road or city street with its intersection with a State Highway.

A-2.3
At the intersection with two main highways. The highway traffic to be stopped depends on the approach speeds, volumes and turning movements.

A-2.4 On a street entering a legally established through highway or street.

A-2.5
On a minor street where the safe speed is less than 10 mph (16 km/h).

A-2.6 At an un-signalized intersection in a signalized area.

Packet Page. 494
A-2.7 At intersections where a combination of high speed, restricted view and accident records indicates a need for control by the Stop sign.

A-2: IS STATE WARRANT FOR TWO/ONE-WAY STOP CONTROL SATISFIED? Packet Page. 495
B.PETITION WARRANTS FOR LOCAL RESIDENTIAL STREETS

CRITERIA REQUIREMENTS
REMARK
S Y N
B.

Is there a petition signed by more than 60% of property owners/residents located within 600 feet of proposed stop sign; AND TWO OF THE FOLLOWING CRITERIA ARE MET.

B-1. School located within 600 feet of intersection and intersection is on “suggested route to school”.

B-2. Streets leading to intersection do not intersect at right angles.

B-3. One or more streets leading to intersection is at a grade of more than 5%.

B-4.

Where one or more of the approaches, requiring the stop sign(s), does not meet the required minimum sight distance, due to permanent view obstruction or roadway geometry.

B-5. Intersection is abutting a park, major shopping center or other high pedestrian use facility.

B-6. Pedestrian volume greater than 480 units/hr in any 8 hour period.

B-7.

B-8. One approach of the intersection is a driveway serving a commercial area.

B-9. One approach of the intersection is a driveway servicing a residential property.

B-10.

B-11. The vehicle volume entering the intersection from all approaches exceeds 600 units during any hour at an intersection.

B-12.

B: IS B PLUS ANY TWO OF THE CRITERIA B-1 THROUGH B-12 SATISFIED? Packet Page. 496
C. ACCIDENTS AND SAFETY WARRANTS FOR LOCAL RESIDENTIAL STREETS

CRITERIA REQUIREMENTS REMARKS Y N
C.

C-1. School located within 600 feet of intersection and intersection is on “suggested route to school”.

C-2. Streets leading to intersection do not intersect at right angles.

C-3. One or more streets leading to intersection is at a grade of more than 5%.

C-4.

Where one or more of the approaches, requiring the stop sign(s), does not meet the required minimum sight distance, due to permanent view obstruction or roadway geometry.

C-5. Intersection is abutting a park, major shopping center or other high pedestrian use facility.

C-6. Pedestrian volume is greater than 480 units/hr in the 8-hour period.

C-7.

C-8. One approach of the intersection is a driveway serving a commercial area.

C-9. One approach of the intersection is a driveway servicing a residential property.

C-10.

C-11. The vehicle volume entering the intersection from all approaches exceeds 600 units during any hour at an intersection.

C-12.

C: IS C PLUS ANY TWO CRITERIA C-1 THROUGH C-10 SATISFIED? Packet Page. 497
DID THIS LOCATION MEET ANY OF THE WARRANTS A-1, A-2, B OR C ABOVE?

IF YES, CHECK WARRANTS MET
A-1 A-2 B C

IF ANY OF THE WARRANTS ARE MET, A STOP SIGN SHOULD BE INSTALLED AFTER APPROVAL BY MAYOR AND COMMON COUNCIL AND THE INTERSETION IS DESIGNATED A “STOP INTERSECTION” BY THE MAYOR AND COMMON COUNCIL.

Good traffic engineering judgment must be exercised before installing stop signs at certain intersections (whether it meets the warrants or not)
X
Packet Page. 498
City of San Bernardino

WARRANTS FOR STOP SIGN INSTALLATION
Location Existing Control Prepared by/Date Checked by/Date 46th St 7 Genevieve St None AJ 11/27/2024 AJ 11/27/2024 POLICY
Stop sign may be warranted at an intersection where any of the following warrants A-1, A-2, B or C are met
A-1 STATE WARRANTS FOR MULTI-WAY STOP CONTROL
Warrant is satisfied if any of the following criteria are met

Line of
sight is not
sufficient
NWC
facing
Westbound
Yes
A-1: IS STATE WARRANT FOR MULTI-WAY STOP CONTROL SATISFIED? A-2 STATE WARRANTS FOR TWO/ONE-WAY STOP CONTROL
Warrant is satisfied if any of the following criteria are met

CRITERIA REQUIREMENTS REMARKS Y N
A-2.1
On the less important road at its intersection with a main road where accident history justifies the placement of Stop signs.

A-2.2
On a county road or city street with its intersection with a State Highway.

A-2.3
At the intersection with two main highways. The highway traffic to be stopped depends on the approach speeds, volumes and turning movements.

A-2.4 On a street entering a legally established through highway or street.

A-2.5
On a minor street where the safe speed is less than 10 mph (16 km/h).

A-2.6 At an un-signalized intersection in a signalized area.

Packet Page. 499
A-2.7 At intersections where a combination of high speed, restricted view and accident records indicates a need for control by the Stop sign.

A-2: IS STATE WARRANT FOR TWO/ONE-WAY STOP CONTROL SATISFIED? Packet Page. 500
B.PETITION WARRANTS FOR LOCAL RESIDENTIAL STREETS

CRITERIA REQUIREMENTS
REMARK
S Y N
B.

Is there a petition signed by more than 60% of property owners/residents located within 600 feet of proposed stop sign; AND TWO OF THE FOLLOWING CRITERIA ARE MET.

B-1. School located within 600 feet of intersection and intersection is on “suggested route to school”.

B-2. Streets leading to intersection do not intersect at right angles.

B-3. One or more streets leading to intersection is at a grade of more than 5%.

B-4.

Where one or more of the approaches, requiring the stop sign(s), does not meet the required minimum sight distance, due to permanent view obstruction or roadway geometry.

B-5. Intersection is abutting a park, major shopping center or other high pedestrian use facility.

B-6. Pedestrian volume greater than 480 units/hr in any 8 hour period.

B-7.

B-8. One approach of the intersection is a driveway serving a commercial area.

B-9. One approach of the intersection is a driveway servicing a residential property.

B-10.

B-11. The vehicle volume entering the intersection from all approaches exceeds 600 units during any hour at an intersection.

B-12.

B: IS B PLUS ANY TWO OF THE CRITERIA B-1 THROUGH B-12 SATISFIED? Packet Page. 501
C. ACCIDENTS AND SAFETY WARRANTS FOR LOCAL RESIDENTIAL STREETS

CRITERIA REQUIREMENTS REMARKS Y N
C.

C-1. School located within 600 feet of intersection and intersection is on “suggested route to school”.

C-2. Streets leading to intersection do not intersect at right angles.

C-3. One or more streets leading to intersection is at a grade of more than 5%.

C-4.

Where one or more of the approaches, requiring the stop sign(s), does not meet the required minimum sight distance, due to permanent view obstruction or roadway geometry.

C-5. Intersection is abutting a park, major shopping center or other high pedestrian use facility.

C-6. Pedestrian volume is greater than 480 units/hr in the 8-hour period.

C-7.

C-8. One approach of the intersection is a driveway serving a commercial area.

C-9. One approach of the intersection is a driveway servicing a residential property.

C-10.

C-11. The vehicle volume entering the intersection from all approaches exceeds 600 units during any hour at an intersection.

C-12.

C: IS C PLUS ANY TWO CRITERIA C-1 THROUGH C-10 SATISFIED? Packet Page. 502
DID THIS LOCATION MEET ANY OF THE WARRANTS A-1, A-2, B OR C ABOVE?

IF YES, CHECK WARRANTS MET
A-1 A-2 B C

IF ANY OF THE WARRANTS ARE MET, A STOP SIGN SHOULD BE INSTALLED AFTER APPROVAL BY MAYOR AND COMMON COUNCIL AND THE INTERSETION IS DESIGNATED A “STOP INTERSECTION” BY THE MAYOR AND COMMON COUNCIL.

Good traffic engineering judgment must be exercised before installing stop signs at certain intersections (whether it meets the warrants or not)
X
Packet Page. 503
City of San Bernardino

WARRANTS FOR STOP SIGN INSTALLATION

Location

Existing Control

Prepared by/Date

Checked by/Date

POLICY
Stop sign may be warranted at an intersection where any of the following warrants A-1, A-2, B or C are met

A-1 STATE WARRANTS FOR MULTI-WAY STOP CONTROL
Warrant is satisfied if any of the following criteria are met

CRITERIA

REQUIREMENTS

REMARKS

A-1.1

Traffic signals are warranted and urgently needed, multi-way stop need to be installed as interim measure until signal is installed

A-1.2

Five or more right angle and/or turning movement ac cidents in recent 12 months

A1.3:

All 3
conditions
listed to
the right
must be
met to
satisfy
warrant
A-1.3

A-1.3A
Combined vehicle volume on major street during any 8 hours averages 300+ veh/hr

A-1.3B

Combined vehicle and pedestrian volume on minor str eet during the same 8 hours averages 200+ unit/hr,
And
Delay to minor street vehicles during the maximum hour of the same 8 hours averages 30 sec/hr

A-1.3C

85th percentile approach speed exceeds 40 mph (64 k m/h), min. vehicular volume warrant is 70% of the above requirements

A-1.4
Where no single criterion is satisfied, but where Criteria A-1.2, A-1.3A, and A-1.3B are all satisfied to 80% of the minimum values

A-1: IS STATE WARRANT FOR MULTI-WAY STOP CONTROL SATISFIED?

A-2 STATE WARRANTS FOR TWO/ONE-WAY STOP CONTROL
Warrant is satisfied if any of the following criteria are met

CRITERIA

REQUIREMENTS

REMARKS

A-2.1

On the less important road at its intersection with a main road where accident history justifies the placement of Stop signs.

A-2.2

On a county road or city street with its intersection with a State Highway.

A-2.3

At the intersection with two main highways. The hi ghway traffic to be stopped depends on the approach speeds, volumes and turning movements.

A-2.4

On a street entering a legally established through highway or street.

A-2.5

On a minor street where the safe speed is less than 10 mph (16 km/h).

A-2.6

At an un-signalized intersection in a signalized area.

A-2.7

At intersections where a combination of high speed, restricted view and accident records indicates a need for control by the Stop sign.

A-2: IS STATE WARRANT FOR TWO/ONE-WAY STOP CONTROL SATISFIED?

✔
✔
✔
✔
✔
✔
✔
AJ 01/29/2024
MZ 11/13/2013
2-way stop
J St & Rialto Ave

B.PETITION WARRANTS FOR LOCAL RESIDENTIAL STREETS

BY CITY ADMINISTRATIVE POLICY
Use only at residential street intersections excluding arterials, collectors, local collectors, where ADT do not exceed 2,500 Vehicles on each Intersecting Street
Warrant B is satisfied if B and any two of the criteria B-1 through B-12 are met

CRITERIA

REQUIREMENTS

REMARKS

Is there a petition signed by more than 60% of property owners/residents located within 600 feet of proposed stop sign; AND TWO OF THE FOLLOWING CRITERIA ARE MET.

B-1.

School located within 600 feet of intersection and intersection is on “suggested route to school”.

B-2.

Streets leading to intersection do not intersect at right angles.

B-3.

One or more streets leading to intersection is at a grade of more than 5%.

B-4.

Where one or more of the approaches, requiring the stop sign(s), does not meet the required minimum sight distance, due to permanent view obstruction or roadway geometry.

B-5.

Intersection is abutting a park, major shopping center or other high pedestrian use facility.

B-6.

Pedestrian volume greater than 480 units/hr in any 8 hour period.

B-7.

B-8.

One approach of the intersection is a driveway serving a commercial area.

B-9.

One approach of the intersection is a driveway servicing a residential property.

B-10.

B-11. The vehicle volume entering the intersection from all approaches exceeds 600 units during any hour at an intersection.

B-12.

B: IS B PLUS ANY TWO OF THE CRITERIA B-1 THROUGH B-12 SATISFIED?

City of San Bernardino

WARRANTS FOR STOP SIGN INSTALLATION

Location

Existing Control

Prepared by/Date

Checked by/Date

✔
✔
✔
✔
✔
✔
✔
✔
✔
✔
✔
✔
✔
✔
Sightline issues
AJ 01/29/2024
MZ 11/13/2013
2-way stop
J St & Rialto Ave

C. ACCIDENTS AND SAFETY WARRANTS FOR LOCAL RESIDENTIAL STREETS

BY CITY ADMINISTRATIVE POLICY
Use Only at Residential Street Intersections Where ADT do not exceed 2,500 Vehicles on each Intersecting Street Warrant C is satisfied if C and any two conditions C-1 through C-10 are met

CRITERIA

REQUIREMENTS

REMARKS

N
C.

C-1.

School located within 600 feet of intersection and intersection is on “suggested route to school”.

C-2.

Streets leading to intersection do not intersect at right angles.

C-3.

One or more streets leading to intersection is at a grade of more than 5%.

C-4.

Where one or more of the approaches, requiring the stop sign(s), does not meet the required minimum sight distance, due to permanent view obstruction or roadway geometry.

C-5.

Intersection is abutting a park, major shopping center or other high pedestrian use facility.

C-6.

Pedestrian volume is greater than 480 units/hr in the 8-hour period.

C-7.

C-8.

One approach of the intersection is a driveway serving a commercial area.

C-9.

One approach of the intersection is a driveway servicing a residential property.

C-10.

C-11. The vehicle volume entering the intersection from all approaches exceeds 600 units during any hour at an intersection.

C-12.

C: IS C PLUS ANY TWO CRITERIA C-1 THROUGH C-10 SATISFIED?

DID THIS LOCATION MEET ANY OF THE WARRANTS A-1, A-2, B OR C ABOVE?

IF YES, CHECK WARRANTS MET
A-1 A-2 B C

IF ANY OF THE WARRANTS ARE MET, A STOP SIGN SHOULD BE INSTALLED AFTER APPROVAL BY MAYOR AND COMMON COUNCIL AND THE INTERSETION IS DESIGNATED A “STOP INTERSECTION” BY THE MAYOR AND COMMON COUNCIL.

Good traffic engineering judgment must be exercised before installing stop signs at certain intersections (whether it meets the warrants or not)

City of San Bernardino

WARRANTS FOR STOP SIGN INSTALLATION

Location

Existing Control

Prepared by/Date

Checked by/Date

✔
✔
✔
✔
✔
✔
✔
✔
✔
✔
✔
✔
✔
✔
✔
AJ 01/29/2024
MZ 11/13/2013
2-way stop
J St & Rialto Ave
AJ 01/08/2025
Packet Page. 507
Packet Page. 508
Packet Page. 509
Packet Page. 510
Packet Page. 511
Packet Page. 512
Packet Page. 513
Exibit A
Reso 655 Index Street
1 Baseline St
1 E St
1 Eucalyptus Ave
1 F Street
1 Highland Ave
1 I Street
1 Mt Vernon Ave
1 Pepper Ave
1 Sierra Way
1 Victoria Ave
1 State College Pkwy

1.2 Acacia Ave

1.4 Arden Ave

1.5 Arrowhead Ave

1.56 Aster St

1.57 Atlantic Ave

1.6 Beechwood Ave

1.7 Belmont Ave

1.8 Benedict Rd

1.9 Birch St

1.94 Bronson St
2 Cajon Blvd
3 California St
3 California St
3 California St

3.02 Cambridge Ave

3.1 Caroline St

3.2 Club Center Dr

3.23 College Ave

3.3 Colorado St

3.35 Colwyn Ave

3.4 Coulston

3.5 Crestview Ave
Packet Page. 514
Exibit A

3.5 Crestview Ave

3.6 Cristy Ave

3.8 Curtis St
4 Darby St

4.05 David Way

4.1 Davidson Ave

4.3 18th St

4.5 8th St

4.7 11th St
5 5th St

5.4 46th St

5.4 46th St
6 14th St
7 4th St

7.05 G St

7.1 Genevieve St

7.3 Golden Ave

7.4 Grand Ave

7.45 Guthrie St

7.5 H St

7.5 H St
8 Harrison St

8.3 Hospitality Ln

8.4 Hunts Ln

8.5 Institution Rd

8.6 Irvington Ave

8.63 J St

8.65 Jasmine St

8.7 Kenwood Ave

8.7 Kenwood Ave
Packet Page. 515
Exibit A

8.8 Kingmand St
9 L St

9.1 La Praix St

9.1 Lakewood Dr

9.2 Little League Dr

9.3 Magnolia Ave

9.4 Macy St

9.57 Lugo Ave

9.6 Lynwood Dr

9.67 Magnolia Ave

9.68 Magnolia Ave

9.7 Meridian Ave

9.8 Mariposa Dr

9.9 Marshall Blvd

9.93 Mayfield Ave

9.94 Medical Center Dr

9.95 Meyers Rd

9.95 Meyers Rd
10 Mill St
10 Mill St

10.2 Miramonte Dr

10.3 Montery Ave

10.5 Mt View Ave

10.5 Mt View Ave
Packet Page. 516
Exibit A

10.5 Mt View Ave

10.5 Mt View Ave
12 Muscupiabe Dr
12 Muscupiabe Dr

12.5 19th St

12.5 19th St
13 9th St
13 9th St

13.1 Ohio Ave

13.2 Olive Ave

13.3 Olive St

13.5 Orange St

13.7 Palm Ave

13.7A Palm Ave

13.71 Parkdale Dr

13.72 Pedley Rd

13.75 Pennsylvania Ave

13.81 Pershing Ave

13.82 Pico Ave

13.9 Piedmont Dr
14 Pine Ave

14.1 Pleasant Hll Dr

14.2 Poplar St

14.23 Pumalo St

14.3 Rancho ave

14.4 Randall Ave

14.6 Richardson St

14.64 Rosarita St
Packet Page. 517
Exibit A

14.8 San Carlo Ave
15 2nd St

15.2 Sepulveda Ave

15.25 7th St

15.27 Sheridan Rd

15.3 Sierra Way

15.5 16th St

15.5 16th St
16 6th St
16 6th St
16 6th St
16 6th St
16 6th St
16 6th St
16 6th St
16 6th St

16.5 State St

16.7 Sunrise Ln
17 10th St

17.5 3rd St

17.57 13th St

17.6 30th St

17.7 39th St

17.75 36th St

17.8 20th St

17.9 31st St
Packet Page. 518
Exibit A

17.95 33rd St
18 28th St
19 21st St
20 27th St
20 27th St
21 23rd St

21.2 Universal Ave

21.25 Valencia Ave

21.3 Varsity Ave

21.4 Verdemont Dr

21.5 Victoria Ave

21.7 Victoria Ave

21.8 Wall Ave

21.9 Walnut Ave

21.25 Valencia Ave

21.25 Valencia Ave
22 Western Ave

22.2 Wier Rd

22.5 Wilson Street

22.5 Wilson Street
Harwick Dr
13th St
Hill Dr
Holly Vista Blvd
Holly Vista Blvd
Holly Vista Blvd
Espernaza St
Montian View Ave
Mountain View Ave
40th St
46th St
Rialto Ave
Valencia Ave
Packet Page. 519
Exibit A

EXHIBIT A
Intersecting Street
All
All
All
All
All
All
All
All
All
All
All
31st St
46th St
Piedmont Dr to Pacific St.

Lynwood Dr
Marshall Blvd
Orangeshow Rd to Marshall Blvd
Jasmine St to Sheridan Rd
Bangor Ave
Colwyn Ave
Azalea Ave
Little League Drive to Pine Avenue
Little League Dr
Magnolia Ave
Sunnyside Ave
Rexford St
Cristy Ave
Highland Ave to the North City Limits
Baseline St to Cajon Blvd
Magnolia Ave
16th St
Universal Ave
Club Center Dr
Hunts Ln to Redlands Blvd
Iris St
California St to Evans St
17th St
Curtis St
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Richerdson St
Baseline St to 21st St
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Rosarita Dr / Bronson St
Gould St
Cajon Blvd to California St
Mariposa Dr
Highland Ave to Miramonte Dr (Exepting 27th St)
Crestview Ave
Western Ave to K St
Wilson St
Sierra Way to Mt Vernon Ave
Mt View Ave
Acacia Ave to Electric Ave
I St to Mt Vernon Ave
Foothill Blvd to Waterman Ave (Exepting Mt Vernon Ave)
33rd St
33rd St
35th St
Parkdale Ave to 40th St
Highland Ave to 40th St (Exepting 39th St and 35th St)
Varsity Ave
Pacific to Highland Ave
Sunrise Ln
College Dr to Mill St
4th St to Marshall Blvd
13th St
16th St
27th St
Marshall Blvd
48th St to Dover Dr
48th St
25th St to Hampshire Rd (Exepting 7th St and Lynwood Dr) E St to Tippecanoe Ave
Harwick Dr to Hospitality Ln (Exepting EBRT veh on E St) Cajon Blvd
Magnolia Ave to Pine Ave
Palm Ave
Olive Ave
Walnut Ave
Congrss St to Rialto Ave
Aster St to Sheridan Rd
Hyacinth St
Sheridan Rd
Evans St
Niles St
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Cabrera Ave
5th St to Baseline St (Excepting 27th St)
Buckeye St
Windsor St
Sheridan Rd
Kendall Dr to Meyers Rd
Pico Ave
Ellen St
Mill St to Rialto Ave
Mill St
Baseline St to 16th St
Valencia Ave to Victoria Ave (Excepting 30th Connector St) Belmont Ave to Garfield St
Arizona Ave
California St
Medical Center Dr
Pico Ave
Randall Ave to Birch St
Randall Ave
Poplar St
Birch St
Rialto to 9th St
6th St
Etiwanda Ave
David Way
Little Mountain Dr to Parkside Dr (Excepting Miramonte Dr & EB @ Ladera Rd) 33rd St
5th st to Cajon Blvd
7th St
Magnolia Ave
Olive Ave
Olive Ave to Walnut Ave
Eucalyptus Ave to Tippecanoe Ave
Macy St
24th St to Marshall Blvd
Marshall Blvd
Pedley Rd
5th St to Pinehurst Ct (Except Electric Ave)
6th St
13th St
28th St
Marshall Blvd
34th St
Thompson Pl / Parkdale Dr
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3rd St to Pinehurst Ct (Excepting 28th St, Marshall Blvd, 40th St, 48th St, SB traffic only) 23rd St to Colima Rd
Marshall Blvd
Belle St
Flores St
Lugo Ave
Wilson St
Medical Center Dr to Elmwood Rd
Olive Ave to Pine Ave
Irvington Ave
Belmont Ave
Meyers Rd
Belmont Ave to Garfield St
17th St
Atlantic Ave \to Citrus St (Excepting Highland Ave)
Atlantic Ave to 28th St
Cajon Blvd to Melvin Ave
Cajon Blvd
Kendall Dr
Irvington Ave
Belmont Ave
Verdemont Dr
Mountain View to Valencia Ave
Mt View Ave
Sierra Way
Valencia Ave
Monterey Ave
Poplar St to Rialto Ave
Virginia St
Magnolia Ave
20th St
King St
Piedmont Ave
Kendall Dr to Pennsylvania Ave
Baldrige Canyon Dr to Palm Ave
Meridian Ave
Del Rosa Ave to Date Pl
Mill St to Foothill Blvd
Pepper Ave
Meridian Ave
Coulston St to Riverside Dr
Coulston St
Cristy Ave
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Exibit A
Mesa St
Waterman Ave to Mt Vernon Ave
40th St to 53rd St (Excepting Sierra Way)
Gardena St
Medical Center Dr
Medical Center Dr to Mt Vernon Ave
Garner Ave
Aster St to Jasmine St
Jamine St
Lakewood Dr
Mill St to Waterman Ave (Excepting 2nd St and 16th St)
State St to H St (Excepting J St, Harris St, and Trnton St) California St
Western Ave
Massachusetts Ave
H St
Stoddard Ave
D St
Arrowhead Ave to Crestview Ave except Mt View Ave
Sierra Way
Meridian Ave
Ramona Ave
Western Ave
Pico Ave
Garner Ave
J St to H St
Mt View Ave
Del Rosa Dr
University Pkwy to Sheridan Rd
Guthrie St
G St to I St
Viaduct Blvd to East City Limits
H St to Waterman Ave except Sierra Way
G St (Listed twice)
F St
D St
Mt View Ave
Miramonte Dr to San Gabriel St
Severance Ave
Golden Ave to Del Rosa Ave
F St to Waterman Ave except E St, D St, Arrowhead Ave, Mt View Ave, Sierra Way Kenwood Ave
Reedy Ave
Stoddard Ave
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G St
Muscott St to California St
Waterman Ave to Perris Hill Park
California St to Medical Center Dr
Little Mountain Dr to G St
Muscott St to Pennsylvania St
Varsity Ave
Cambridge Ave
Highland Ave to 40th St
Parkdale Ave
40th St
College Ave to Universal Ave
Palm Ave to Olive Ave
Richerdson St
Lynwood Dr
Temple St
Olive St
15th St
Belmont Ave
Irvington Ave
Highland to 40th St
Parkdale Dr
40th St
16th St to Highland Ave
Harwick Dr
9th St
11th St
Wier Rd
Sierra Way
Mountian Dr
Garrilee Dr
Conejo Dr
Garden Dr
K St
33rd St
36th St
Golden Ave to Del Rosa Ave
Genevieve St
J St
Marshall Blvd
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CONSENT CALENDAR

City of San Bernardino
Request for Council Action

Date: February 5, 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 Ruben Campos Community Center to Perfection
Painting Corp in the amount of $327,100.00 (Ward 1)

Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution 2025-029:

1. Approving the award of a Construction Agreement with Perfection Painting Corp in the amount of $ 327,100.00 for the Improvements at R uben Campos Community Center (Project); and

2. Authorizing the construction contingencies, construction management, and administrative costs in the total amount of $65,420.00 for construction of the project.

3. Authorizing the Director of Finance and Management Services to amend the FY 2024/25 CIP budget with an additional $178,084.00 from the AB 1600 Parkland and Op Fund to bring the total project budget to $392,520.00.

4. Authorizing the City Manager or designee to execute all documents with Perfection Painting Corp; 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. 532

Executive Summary
Awarding the Agreement for construction of the Improvements at Ruben Campos Community Center Project would enhance the facility ensuring that it continues to serve as a vital resource for our community. The Agreement would allow the City to issue Perfection Painting Corp a Notice to Proceed, initiating the process to construct the improvements. The agreement will include Perfection Painting Corp’s construction fee of $ 327,100.00 Additional funds are recommended for design contingencies in the amount of $ 65,420.00 The total cost of design and design contingencies is $392,520.00. The improvements at the Ruben Campos Community Center include upgrades to HVAC systems, restroom fixtures, gym flooring, ADA - compliant doors and pathways, as well as enhanced parking and accessibility features.

Background
The Ruben Campos Community Center at Nunez Park, is located at 1717 5th Street, San Bernardino, CA 92411, serves as a cornerstone of community engagement, offering a variety of programs and services that cater to residents of all ages. The facility includes a spacious multi -purpose room, as well as designated areas specifically designed to accommodate senior citizens and recreational activities.

The center provides a wide range of programs aimed at fostering personal development, community involvement, and recreation. These programs include Arts & Crafts, Indoor/Outdoor Games, the Boys Hobby Club, Nutrition Education, the Little Princess Club, the Teen Club, Open Breakdancing sessions, a Lunch Program, and Homework Help for students. The center’s offerings play a vital role in supporting the social, educational, and recreational needs of the local community, making it an essential hub for residents.

On May 15, 2024, the Mayor and City Council adopt ed 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.

For capital improvement projects, the City has proposed allocating $1,309,341 to the Public Works department, which includes $250,000 for improvements at the Ruben Campos Community Center. This funding will help support the facility's ongoing use by community programs, including those that serve low- and moderate- income individuals, such as Project Fighting Chance.

Discussion
The proposed improvements to the Ruben Campos Community Center include a range of upgrades to enhance accessibility, functionality, and safety for all users.

The scope of work involves removing and replacing the existing air conditioning (AC) units on the roof, along with updating the related controls and interfaces. Restroom Packet Page. 533

fixtures will be replaced with ADA -compliant fixtures to ensure accessibility for individuals with disabilities. The gym area will receive new MONDO flooring, which is durable and designed for athletic use. Additionally, an ADA-compliant double door will be installed on the west side of the building to improve accessibility, and a new concrete path of travel will be constructed to provide wheelchair access throughout the facility. The project will also include necessary striping for handicap parking stalls and other related striping to ensure proper compliance with accessibility standards. These upgrades will significantly improve the overall usability and accessibility of the community center for all visitors.

Staff recommends authorizing the City Manager or their designee to execute all necessary documents with Perfection Painting Corp, and to manage the project, including the expenditure of contingency funds if needed. These actions are necessary to ensure the successful completion of the improvements at Ruben Campos Community Center project, which will provide valuable community engagement opportunities at this facility. 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.

Two 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 Perfection Painting Corp of Palmdale, CA, is the lowest responsible and responsive bidder with a total base bid amount of $327,100.00.

Although Dale Plumbing & Construction is the lowest bidder, they have deemed non-responsive due to failure to submit all required documentation by the bid deadline. As a result, the next responsive bidder, who has submitted all necessary documents and met the project requirements, has been selected for the project. This decision ensures compliance with the bid requirements and allows the City to proceed with a qualified contractor to complete the improvements. The selected bidder's proposal is consistent with the project's scope.

Initially, $250,000 was adopted for this project from CDBG fund. 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 $2,204.00 for a Daily Journal advertisement. After accounting for these expenditures, the remaining available budget is $214,436.

Bidder City Base Bid
Perfection Painting Corp Palmdale, CA $327,100.00
Dale Plumbing & Construction Hemet, CA $195,530.00
Packet Page. 534

The lowest bid received for the construction work is $327,100 .00. Additionally, there is a contingency and administrative cost of $ 65,420.00, which covers unexpected expenses and project management. With these amounts added together, the total construction cost for the project is $392,520.00.

The total remaining budget from the CDBG Fund is $214,436. However, the total construction cost is $3 92,520.00, which exceeds the available CDBG funds. As a result, there is a funding shortfall of $1 78,084.00, which represents the additional amount required to fully finance the project. Therefore, the project needs an additional $178,084.00 in funding beyond the current CDBG allocation to cover the total construction expenses.

To address this shortfall, Staff proposes this project be funded using two sources: the remaining CDBG Fund balance of $214,436.00 and the additional $178,084.00 from the AB 1600 Parkland and Operations Fund. Together, these funds make up the total project budget of $392,520.00, ensuring that all project expenses are covered.

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 Cost
Adopted CDBG Budget $250,000.00
Environmental Review - Ultrasystems Inc ($13,360.00)
Estimated Labor Compliance ($20,000.00)
Advertisement - Daily Journal Corporation ($2,204.00)
Remaining Budget $214,436.00
Bid
Lowest Bid $327,100.00
Contingency & Administrative Cost $65,420.00
Total Construction Cost $392,520.00
Budget
Remaining Budget - CDBG $214,436.00
Total Construction Cost ($392,520.00)
Additional Funding Required ($178,084.00)
Proposed Budget
CDBG Fund $214,436.00
AB 1600 Parkland and Op Fund $178,084.00
Total Project Budget $392,520.00
Packet Page. 535

required by the Contract Documents within sixty (60 ) calendar days from the commencement date stated in the Notice to Proceed.

It is important to note that the environmental review process for the project, as required under the Community Development Block Grant (CDBG) program and governed by 24 CFR Part 58, is not yet complete. In compliance with federal requirements, no legally binding agreements can be executed, and no CDBG funds can be obligated until the environmental review process is finalized and a release of funds has been obtained. Furthermore, to ensure adherence to these requirements, the construction agreement with Perfection Painting Corp is explicitly identified as non-legally binding until the environmental review process is complete.

The contractor has no claim to any CDBG funds allocated for the project during this period.

Additionally, the contractor is prohibited from initiating any work, including activities funded by non-CDBG sources, until the environmental review process is finalized.

This restriction aligns with federal regulations to prevent any action that may limit alternatives or adversely impact the environment before the review's completion.

By adhering to these stipulations, the City ensures compliance with environmental review requirements while maintaining transparency and accountability in project execution.

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 ex isting 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 minor improvements and reconstructing the park facilities located on the same site.

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
Packet Page. 536

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.

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.

2021-202
5 Strategic Targets and Goals
Authorizing the execution of this agreement aligns with the 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 community center facilities.

Fiscal Impact
There is n o General Fund impact associated with this action. The project will be funded using existing CDBG funding and an additional $178,084.00 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 2025-029:

Packet Page. 537

1. Approving the award of a Construction Agreement with Perfection Painting Corp in the amount of $327,100.00 for the Improvements at Ruben Campos Community Center (Project); and

2. Authorizing construction contingencies, construction management, and administrative costs in the total amount of $65,420.00 for construction of the project.

4. Authorizing the City Manager or designee to execute all documents with Perfection Painting Corp; 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. 2025-029
Attachment 2 Agreement with Perfection Painting Corp
Attachment 3 Bid Tabulation
Attachment 4 Bid Proposal
Attachment 5 Location Map

Ward:

First 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)
Packet Page. 538
Resolution No. 2025-029
Resolution 2025-029
February 5, 2025

Page 1 of 4 ends

RESOLUTION NO. 2025-029

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

APPROVING THE AWARD OF AN AGREEMENT WITH

PERFECTION PAINTING CORP IN THE AMOUNT OF
$327,100.00 FOR THE IMPROVEMENTS AT RUBEN
CAMPOS COMMUNITY CENTER (PROJECT);

AUTHORIZING THE CONSTRUCTION CONTINGENCIES,

CONSTRUCTION MANAGEMENT, AND

ADMINISTRATIVE COSTS IN THE TOTAL AMOUNT OF
$65,420.00 FOR CONSTRUCTION OF THE PROJECT;

AUTHORIZING THE DIRECTOR OF FINANCE AND
MANAGEMENT SERVICES TO AMEND THE FY 202 4/25
CIP BUDGET WITH AN ADDITIONAL $178,084.00 FROM
THE AB 1600 PARKLAND AND OP FUND TO BRING THE
TOTAL PROJECT BUDGET TO $392,520.00;

AUTHORIZING THE CITY MANAGER OR DESIGNEE TO

EXECUTE ALL DOCUMENTS WITH PERFECTION
PAINTING CORP; AUTHORIZ ING 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 Ruben Campos Community Center amenities to enhance accessibility, functionality, and safety for all visitors (the “Improvements at Ruben Campos Community Center Project”); and WHEREAS, the Ruben Campos Community Center seeks to replace the roof-mounted AC units, update controls, install ADA-compliant restroom fixtures and a double door, add a new concrete wheelchair -accessible path, updat e the gym with MONDO flooring, and ensur e compliance with accessibility standards through proper striping, including handicap parking.

WHEREAS, the improvements at Ruben Campos Community Center aims to support the social, educational, and recreational needs of the local community; 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, the designated funds are focused on critical infrastructure projects within the City, including the Improvements at Ruben Campos Community Center Project; and Packet Page. 539
Resolution No. 2025-029
Resolution 2025-029
February 5, 2025

Page 2 of 4 ends

WHEREAS, the Improvements at Ruben Campos Community Center Project was advertised for public bidding on November 13, 2024, on PlanetBids with the City receiving two sealed bids; and
WHEREAS, City staff reviewed all bid packages and determined that Perfection Painting Corp was the lowest responsible and responsive bidder; and WHEREAS, an additional budget action is needed to provide full funding for the Improvements at Ruben Campos Community Center 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 Perfection Painting Corp. in the amount of $327,100 for Improvements at Ruben Campos Community Center (Project).

SECTION 3. The Mayor and City Council hereby authorize the construction contingencies, construction management, and administrative costs in the total amount of $49,065.00 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 $178,084.00 from the AB 1600 Parkland and Op Fund to bring the total project budget to $392,520.00.

SECTION 5. The Mayor and City Council hereby authorize the City Manager or designee to execute all documents with Perfection Painting Corp.

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 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, t he Project involves minor improvements and reconstructing the park facilities located on the same site. 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.

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.

Packet Page. 540
Resolution No. 2025-029
Resolution 2025-029
February 5, 2025

Page 3 of 4 ends

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 5th day of February 2025.

Helen Tran, Mayor
City of San Bernardino
Attest:

Genoveva Rocha, CMC, City Clerk

Approved as to form:

Sonia Carvalho, City Attorney
Packet Page. 541
Resolution No. 2025-029
Resolution 2025-029
February 5, 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. 2025-029, adopted at a regular meeting held on the 5 th day of February 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. 542

IMPROVEMENTS AT RUBEN CAMPOS

COMMUNITY CENTER

-1- 00 52 13 – CONTRACT FOR CONSTRUCTION

00 52 13 – CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”), No. GB 25-007 is made and entered into this 5th day of February, 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 Perfection Painting Corp, 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 Documen ts as specified in Article 5, below, for the following Project:

Improvements at Ruben Campos Community Center
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 Three Hundred Twenty-Seven Thousand One Hundred Dollars ($327,100.00). 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 Packet Page. 543

IMPROVEMENTS AT RUBEN CAMPOS

COMMUNITY CENTER

-2- 00 52 13 – CONTRACT FOR CONSTRUCTION

Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the 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 (4’x8’)
City of San Bernardino Business Registration Application Form 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.

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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]

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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

Perfection Painting Corp

[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
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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

appeared , who proved to me on the basis of satisfactory

evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

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

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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 Packet Page. 548

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workmanship. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s 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 p rice” 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 dama ges 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 Ci ty to the Contractor and any other set offs pursuant to the Contract Documents.

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

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

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project.
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-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)

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STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally

appeared , who proved to me on the basis of satisfactory

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.

Signature of Notary Public

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
NOTE: This acknowledgment is to be completed for Contractor/Principal.

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STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally

appeared , who proved to me on the basis of satisfactory

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.

Signature of Notary Public

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
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.

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END OF PERFORMANCE BOND
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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. 554

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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

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STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally

appeared , who proved to me on the basis of satisfactory

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.

Signature of Notary Public

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
NOTE: This acknowledgment is to be completed for Contractor/Principal.

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STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally

appeared , who proved to me on the basis of satisfactory

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.

Signature of Notary Public

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
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.

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END OF PAYMENT BOND
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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
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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.

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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 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 the reof 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, welfa re 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
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Veteran’s Day - November 11
Thanksgiving Day - Fourth Thursday in November
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.

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39. Specifications -- That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as 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 petroleu m 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 su ch 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.

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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.

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 connec tion 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 Packet Page. 564

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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.

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.

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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 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 in cluded 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.

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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:

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 Cal- OSHA 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 Cal- OSHA.

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 Packet Page. 567

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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 S ubcontractor proceed with Work if uncertain as to the applicable requirements.

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.

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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 Appli cable Laws in effect at the time of opening of Bids (or on the Effective Date of the 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 sup ervise 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 the reby (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 Packet Page. 569

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b. Change Orders, most recent first
c. Contract
d. Addenda, most recent first
e. Special Conditions
f. Specifications
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.

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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.

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 conseq uential 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), Packet Page. 571

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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;

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 Packet Page. 572

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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 insur ance using, for Contractor’s policy/ies of Commercial General Liability insurance, ISO CG forms 20 10 and 20 37 (or endorsements providing the exact same coverage, including completed operations), and, for subcontractors’ policies of Commercial General Liability insurance, ISO CG form 20 38 (or endorsements providing the exact same coverage). Notwithstanding the minimum limits set forth in this Contract for any type of insurance coverage, all available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as Additional Insureds hereunder. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against the City, its 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’ c ompensation 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 e mployees 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, Packet Page. 573

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

1. Such policy shall comply with all the requirements of this Article. The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Contractor from liability in excess 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 insu red 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.

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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.

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.

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

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 self - insured 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 “f ollow 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.

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

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

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

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

7. Products/completed operations coverage shall extend a minimum of three years after the project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or 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 Packet Page. 577

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to Applicable Laws, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work.

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

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

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

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

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

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 Packet Page. 578

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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 righ t-of-ways after working hours unless otherwise approved by the Engineer.

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

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

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

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 w hich it is not qualified. The City, in its sole discretion, may require the Contractor to retain at Contractor’s cost an independent testing laboratory.

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

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

D. Contractor shall indemnify and hold harmless the City from and against claims, damages, losses and expenses, arising from a Hazardous Waste on the Project Site, if such Hazardous Waste exceeded OSHA Permissible Exposure Levels or levels which would classify the material as a state of California or federal hazardous waste, and was either i) shown on the Contract Documents or information available to bidders; or (ii) brought to the site by Contractor. Nothing in this paragraph shall obligate the Contractor t o indemnify the City in the even t 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 th e area involved, such as sprinkling, chemical treatment, light bituminous treatment or similar methods, will be permitted.

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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 u nder its indemnity obligations provided for in the Contract Documents.

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

B. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Work including, without limitation, all applicable provisions regulating discharges of storm water; the Federal Water Pollution Control Act (33 U.S.C. § 13000 et seq.); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000 - 14950); and any and all regulations, policies, or permits issued pursuant to any such authority. These include, but are not limited to California State Water Resources Control Board Order Number 2009 -0009-DWQ (NPDES Permit No. CAS000002), as amended by Order Numbers 2010 -0014-DWQ, 201 2-0006-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 wit h the lawful requirements of the City, and any other applicable municipality, drainage district, or other local agency with jurisdiction over Packet Page. 581

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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 Applicat ions 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 Ge neral Permit. All submittals shall be coordinated with the City ’s Legally Responsible Person and Authorized Signatory as those terms are defined in the Construction General Permit.

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

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

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

F. Notwithstanding the above, for those Work sites where construction activity results in the disturbance of less than one acre of total land area and/or do not need coverage under the Construction General Permit, the Contractor shall be responsible for preparing and implementing an Erosion and Sediment Control Plan 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, Packet Page. 582

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demands, fees, costs, expenses, or losses or liabilities of any kind or nature which the City , its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the Permit, laws, regulations, and ordinances listed above, arising out of or in connection with the Work, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.

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

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

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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 m onitor 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 conf irmed, 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 principa lly 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 a nd 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 Packet Page. 584

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ordinances. Contractor will be required to submit weight tickets and written proof of diversion with its monthly progress payment requests. Contractor shall complete and execute any certification forms required by the City or other applicable agencies to document Contractor’s compliance with these diversion requirements. All costs incurred for these waste diversion efforts shall be the responsibility of the Contractor.

5.14 Inspector’s Field Office.

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

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

5.15 Contractor’s Supervision.

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

5.16 Workers.

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

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

5.17 Independent Contractors.

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

Contractor understands and agrees that it and all of its employees shall not be considered officers, employees, or agents of the City and are not entitled to benefits of any kind normally provided employees of the City, including but not limited to, state unemployment compensation or workers’ compensation. Contractor assumes full responsibility for the acts and omissions of its employees or agents related to the Work.

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5.18 Verification of Employment Eligibility.

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

5.19 Labor.

A. Hours of Work

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

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

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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) D ays’ notice for review and approval. Upon written request and approval the 8.5 hour working day may be changed to other limits subject to city/county ordinance.

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

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

2. In accordance with Labor Code section 1771.4, the Contractor and each Subcontractor shall furnish the certified payroll records directly to the Department of Industrial Relations (“DIR”) on the specified interval and format prescribed by the DIR, which may include electronic submission. Contractor shall comply with all requirements and regulations from the DIR relating to labor compliance monitoring and enforcement. The requirement to submit certified payroll records directly to the Labor Commissioner und er 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 li quidated 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 Packet Page. 587

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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 s uch a manner as to prevent disclosure of an individual's name, address and social security number. The name and address of the Contractor awarded the Contract or performing the Contract shall not be marked or obliterated.

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

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

C. Prevailing Rates of Wages

1. Prime construction contracts in excess of $2,000 must comply with the Davis - Bacon 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 addit ion, 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 con ditioned upon Packet Page. 588

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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 o r 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 https://sam.gov/content/wage-determinations. In th e 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 in cluded 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 ca lendar 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.

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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 registratio n for the duration of the Project.

Contractor shall further include the requirements of Labor Code sections 1725.5 and 1771.1 in any s ubcontract 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 sha ll not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

E. Employment of Apprentices

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

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

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, Packet Page. 590

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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 Document s 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.

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.

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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.
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.

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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

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.

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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 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 Packet Page. 594

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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.

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 coordinat e 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 Packet Page. 595

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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-of- entry 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.

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.

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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 responsib le for the proper care and protection of all materials delivered and Work performed until completion and final acceptance by the City. All Work shall be solely at the Contractor’s risk.

B. Contractor shall adequately protect adjacent property from settlement or loss of lateral support as necessary. Contractor shall comply with all applicable safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the Project site where Work is being performed. Contractor shall erect and 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.

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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 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 Packet Page. 598

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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 se rvices 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 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, n o 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, dime nsion, 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.

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6.3 Test and Inspections.

A. Inspection and Testing of Work and Materials

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

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

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

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

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

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

Unless otherwise stated and as provided by the Contract Documents, the City shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents. All tests or inspections of materials s hall 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.

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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 re- notify 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 o f Compliance shall not relieve the Contractor of responsibility for incorporating material into the Work which conforms to the requirements of the Contract Documents, and any material not conforming to the requirements will be subject to rejection by the Engineer whether in place or not.

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

6. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from 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 Packet Page. 601

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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 o f 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.

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.

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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 (includ ing 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.

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
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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 th e 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, t he 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 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 Packet Page. 604

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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 dam aged and the operator cannot be contacted, the Contractor shall call 911 emergency services.

3. The City will compensate the Contractor for the costs of locating and repairing damage not due to the failure of the Contractor to exercise reasonable care, and for removing or relocating such main or trunk line utility facilities not indicated in the Contract Documents with reasonable accuracy, and for the cost of equipment on the Project necessarily idled during such work. The payment for such costs will be made as provided in Article 9.1 Change Orders and Time Extensions . The Contractor shall not be assessed liquidated damages for delay in completion of the 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 C ontractor 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.

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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 neglig ent, accidental, or intentional breaching of utilities.

3. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to complete this work, shall be included in Contractor’s bid and distributed in the schedule of p ay 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 Packet Page. 606

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and provide daily trenching/excavation inspection reports to the Engineer.

Contractor shall also submit a copy of its annual California Occupational Safety and Health Administration (Cal/OSHA) trench/excavation permit.

B. Excavations Deeper than Four Feet.

1. If the Work involves excavating trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly within three (3) Days, and before the excavation is further disturbed, notify the City in writing of any of the following conditions:
a. Material that the Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.
b. Subsurface or latent physical conditions at the site differing from those indicated.
c. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract.

2. The City shall promptly investigate the conditions, and if it finds that the conditions do so materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the Work, shall issue a Change Order under the procedures described in Article

9.1 Change Orders and Time Extensions.

3. In the event that a dispute arises between the City and the Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s cost of, or time required for, performance of any part of the Work, the Contractor shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all Work to be performed under the Contract. Contractor shall retain any and all rights provided 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 Packet Page. 607

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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 per forming all Work required for a completed Project within the specified Contract Time. If the required schedule is not received by the time the first payment under the Contract is due, Contractor shall not be paid until the schedule is received, reviewed and accepted by the City.

C. Schedule Contents. The schedule shall allow enough time for inclement weather.

The schedule shall indicate the beginning and completion dates of all phases of construction; critical path for all critical, sequential time related activities; and “float time” for all “slack” or “gaps” in the non-critical activities. The schedule shall include appropriate time allowances and constraints for submittals, items of interface with Work performed by others, and specified construction, start -up and performance tests. All float shall be owned by the Project. Schedules indicating early or late completion shall not modify or have any effect on the Contract Time, regardless of whether the schedules are reviewed and/or accepted by the City. For purposes of determining Liquidated Damages, the Contract Time shall control and may only be altered by a duly authorized Change Order.

D. Schedule Updates. Contractor shall continuously update its construction schedule.

Contractor shall submit an updated and accurate construction schedule to the City:
(1) prior to the start of construction, if there are any changes to the initial schedule; (2) with each progress payment request; and (3) whenever requested to do so by the City. The City may withhold progress payments or other amounts due under the Contract Documents if Contractor fails to submit an updated and accurate construction schedule . Upon the City ’s request, Contractor shall submit any schedules or updates to the City in the native electronic format of the software used 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 look- ahead 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.

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1. Should any of the following conditions exist, City may require Contractor to prepare, at no extra cost to City, a plan of action and a recovery schedule for completing the Work and achieving all contractual milestones within the allotted Contract Time:
a. The Contractor's monthly progress report indicates delays that are, in the opinion of City, of sufficient magnitude that City questions the Contractor's ability to complete the Work;
b. The schedule shows the Contractor to be thirty (30) or more days behind the critical path at any time during construction;
c. The Contractor desires to make changes in the logic or the planned duration of future activities of the schedule which, in the opinion of City, are major in nature.

2. The recovery schedule shall include proposed revisions to the Construction Schedule, demonstrating how Contractor intends to achieve all contractual milestones including Contract completion within the allotted Contract Time. The submittal shall include a narrative describing the actions planned by the Contractor to recover the schedule.

3. Contractor shall submit the Recovery Schedule within seven (7) Days of City’s request. If Contractor asserts that City is responsible for the delay, failure to submit the recovery schedule within seven (7) Days of City’s request, will be considered a concurrent delay event attributable to Contractor, and Contractor shall only be entitled to non -compensable adjustments to Contract Times. If Contractor is responsible for the delay, this provision will not limit or affect Contractor's liability and failure to submit the recovery schedule with seven (7) Days of City’s request may result in City withholding progress payments or other amounts due under the Contract Documents.

4. Contractor is responsible for all costs associated with the preparation and execution of the recovery schedule, including any necessary recovery actions, which may include, but are not limited to, assignment of additional labor, and/or equipment, shift or overtime work, expediting of submittals or deliveries, overlapping of activities or sequencing changes to increase activity concurrence.

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 C ontract 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 Packet Page. 609

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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 addi tional 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 amoun t of actual damage, it is agreed that Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum stipulated in the Contract for each calendar day of delay until the Work is fully completed. Contractor and its surety shall be liable for any liquidated damages. Any money due or to become due the Contractor may be retained to cover liquidated damages.

C. Inclement Weather. Contractor shall abide by the Engineer’s determination of what constitutes inclement weather. Time extensions for inclement weather shall only be granted when the Work stopped during inclement weather is on the critical path of the Project schedule. Contractor shall not be entitled to reverse liquidated damages for time extensions resulting from inclement weather.

D. Extension of Time. Contractor’s entitlement to an extension of the Contract Time is limited to a City -caused extension of the critical path, reduced by the Contractor’s concurrent delays, and established by a proper time impact analysis. Contractor shall not be charged liquidated damages because of any delays in completion of the Work due to unforeseeable causes beyond the control and without the fault or negligence of Contractor (or its Subcontractors or Suppliers). The City shall ascertain the facts an d 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 Packet Page. 610

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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 Contrac tor’s right to a time extension or reverse liquidated damages.

8.4 Contractor’s Responsibility for Work.

A. Until the acceptance of the Work by the Engineer as evidenced in writing, it shall be under the charge and care of the Contractor. The Contractor shall take every necessary precaution against injury or damage to any part thereof by the action of the elements or from any cause whether arising from the execution or non-execution of the Work. The Contractor shall rebuild, repair, restore and make good at its own expense all injuries or damages to any portion of the Work before its completion and acceptance. In the event of damage proximately caused by an Act of God, as 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.

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8.6 Securities for Money Withheld
A. Pursuant to section 22300 of the Public Contract Code of the State of California, Contractor may request the City to make retention payments directly to an escrow agent or may substitute securities for any money withheld by the City to ensure performance under the contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City or with a state or federally chartered bank as the escrow agent who shall return such securities to Contractor upon satisfactory completion of the contract. Deposit of securities with an escrow agent shall be subject to a written agreement substantially in the form provided in section 22300 of the Public Contract Code.

8.7 The City’s Right to Suspend/Terminate the Contract
A. Suspension of Work by the City

1. The City may, at its sole option, decide to suspend at any time the performance of all or any portion of the Work by notice in writing to Contractor. Such notice of suspension of Work will designate the amount and type of plant, labor, and equipment to be committed to the Project during the period of suspension.

Contractor shall use its best efforts to utilize its plant, labor, and equipment in such a manner as to minimize costs associated with suspension.

2. Upon receipt of any such notice, Contractor shall, unless the notice requires otherwise:
a. Immediately discontinue Work on the date and to the extent specified in the notice;
b. Place no further orders or subcontracts for material, services, or facilities with respect to suspended Work other than to the extent required in the notice;
c. Promptly make every reasonable effort to obtain suspension upon terms satisfactory to the City’s Representative of all orders, subcontracts, and rental agreements to the extent they relate to performance of Work suspended; and
d. Continue to protect and maintain the Work including those portions on which Work has been suspended.

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.

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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 arrangement s satisfactory to the City have been made for correction of said violations.

2. After expiration of the ten (10) Day period, the City may terminate the Contract by providing a Notice of Termination to the Contractor. The City may take over and complete the Work by any method it may deem appropriate, including enforcement of the Project performance bond. Contractor and its surety shall be liable to the City for any excess costs or other damages incurred by the City to complete the Work. If the City takes over the Work, the City may, without liability for so doing, take possession of and utilize in completing the Work such materials, appliances, plant, and other property belonging to the Contractor as may be on the Site.

3. Upon termination, Contractor shall not be entitled to receive any further payment from the City, except for Work which was duly performed prior to the effective date of the Notice of Termination. Contractor shall submit an invoice for final payment within thirty (30) Days of the effective date of the Notice of Termination. The City may withhold from final payment up to 150% of any disputed amounts, including any amounts which may be necessary to repair defective Work, complete unfinished Work, or are otherwise occasioned by Contractor’s failure to perform its duties under the Contract.

C. Termination for Convenience by the City:

1. The City may terminate performance of the Work called for by the Contract Documents in whole or, from time to time, in part, upon ten (10) Days written notice if the City determines that a termination is in the City's interest.

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:

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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 t he contractor is authorized under the Contract documents to incur, shall: (1) be submitted to and received by the Engineer no later than 30 Days after the effective date of the Notice of Termination; (2) describe the costs incurred with particularity; and (3) be conspicuously identified as “Termination Costs occasioned by the City's Termination for Convenience.” If the City rejects any costs, Contractor shall be deemed to waive the rejected costs unless Contractor files a Claim within thirty (30) Days of the rejection pursuant to Article 9.2.
g. Contractor shall be entitled to receive only the amounts payable under this Article, and Contractor specifically waives any claim for any other amounts or damages, including, but not limited to, any claim for consequential damages or lost profits. The provisions in this Article are in addition to and not in limitation of any other rights or remedies available to the City.

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.

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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 insu rance, certificates of inspection, Record Documents, and other documents required by the Contract Documents, the City shall execute a Notice of Completion, constituting final acceptance and completion of the Project, except as may be expressly noted.

8.9 Warranty and Guaranty of Work.

A. Contractor hereby warrants that materials and Work shall be completed in conformance with the Contract Documents and that the materials and Work provided will fulfill the requirements of this Warranty. Contractor hereby agrees to repair or replace, at the discretion of the City, any or all Work that may prove to be defective in its workmanship, materials furnished, methods of installation or fail to conform to the Contract Document requirements together with any other Work which may be damaged or displaced by such defect(s) within a period of one (1) year (or as otherwise indicated in the Contract Documents or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) from the date of the Notice of Completion of the Project without any expense whatever to the City, ordinary wear and tear and unusual abuse and neglect excepted. Contractor shall be required to promptly repair or replace defective equipment or materials, at Contractor’s option. All costs associated with such corrective actions and testing, including the removal, replacement, and 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, Packet Page. 615

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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 materi als not manufactured by Contractor and provided as part of the Work, to the extent that such third-party warranties are assignable and extend beyond the warranty period set forth in this Article. Contractor shall furnish the City with all warranty and guarantee documents prior to final acceptance of the Project by the City as required.

D. When specifically indicated in the Contract Documents or when directed by the Engineer, the City may furnish materials or products to the Contractor for installation.

In the event any act or failure to act by Contractor shall cause a warranty applicable to any materials or products purchased by the City for installation by the Contractor to be voided or reduced, Contractor shall indemnify the City from and against any cost, expense, or other liability arising therefrom, and shall be responsible to the City for the cost of any repairs, replacement or other costs that would have been covered by the warranty but for such act or failure to act by Contractor.

E. The Contractor shall remedy at its expense any damage to City-owned or controlled real or personal property.

F. The City shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage. The Contractor shall within ten (10) Days after being notified commence and perform with due diligence all necessary Work. If the Contractor fails to promptly remedy any defect or damage, the City shall have the right to replace, repair or otherwise remedy the defect, or damage at the Contractor’s expense.

G. In the event of any emergency constituting an immediate hazard to health, safety, property, or licensees, when caused by Work of the Contractor not in accordance with the Contract requirements, the City may undertake at Contractor ’s expense, and without prior notice, all Work necessary to correct such condition.

H. Acceptance of Defective Work.

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) attribut able 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 Packet Page. 616

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retention, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and the City shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work and all costs incurred by the City. If the acceptance of defective occurs after release of the Project retention, an appropriate amount will be paid by Contractor to the City.

I. The City May Correct Defective Work

1. If Contractor fails within a reasonable time after written notice from the City to correct Defective Work, or to remove and replace rejected Work as required by the City, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, the City may, after seven (7) Days written notice to Contractor, correct, or remedy any such deficiency.

2. In connection with such corrective or remedial action, the City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor’s services related thereto, take possession of Contractor’s tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which the City has paid Contractor but which are stored elsewhere. Contractor shall allow the City, and the agents, employees, other contractors, and consultants of each of them, access to the Site to enable the City to exercise the rights and remedies to correct the Defective Work.

3. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by the City correcting the Defective Work will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and the City shall be entitled to an appropriate decrease in the Contract Price. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of defective Work.

4. If the Change Order is executed after all payments under the Contract have been paid by the City and the Project Retention is held in an escrow account as permitted by the Contract Documents, Contractor will promptly alert the escrow holder, in writing, of the amount of Retention to be paid to the City. If the Change Order is executed after release of the Project retention, an appropriate amount will be paid by Contractor to the City. Contractor shall not be allowed an extension of 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.

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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 Con tract, 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, pr omptly 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 A rticle. Notwithstanding issuance of a work d irective, Contractor’s failure to timely request a Change O rder shall constitute a waiver by Contractor of any adjustment to compensation or time extension for Work performed under t he directive. The City shall not be liable to Contractor for Work performed or omitted by Contractor in reliance on verbal orders.

2. Contractor’s Notice of Change/Delay . If Contractor intends to initiate a Change Order Request, then Contractor shall provide the City with written notice of the underlying facts and circumstances that gave rise to the proposed change within the following times:
a. If due to unknown subsurface or latent physical conditions, within three (3) days from the discovery date or prior to the alterations of the conditions, whichever is earlier.
b. If due to a Force Majeure Event, as soon as reasonably practicable under the conditions, which shall be no longer than three (3) days from the date the Contractor discovers that the Force Majeure Event gives rise to a change, unless that the conditions are such that notice within three (3) days is not possible or practicable.
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 Packet Page. 618

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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 w ithin 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 R equest under penalty of perjury.

The time impact analysis shall be in the critical path method format and shall show the sequencing of all critical and non -critical new activities and/or activity revisions affected by the delay, with logic ties to all affected existing activities noted on the schedule.

The City may demand, and Contractor shall provide, any additional information supporting the C hange 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 O rder 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 Packet Page. 619

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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 t o 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 PROC ESS OR BY ANY

OTHER LEGAL PROCESS OTHERWISE PROVIDED FO R UNDER
APPLICABLE LAWS.

Contractor recognizes and acknowledges that timely submission of a formal written notice of c hange/delay and Change Order R equest, whether o r not the circumstances of the c hange 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 c hanges. Any form of informal notice, whether verbal or written (including, without limitation, statements in requests for information, statements in Submittals, statements at any job meeting or entries on monthly reports, daily logs or job meeting minutes), that does not strictly comply with the formal requirements of this Article, shall accordingly be insufficient.

6. Change Order Format
a. A Change Order signed by the Contractor indicates the Contractor's agreement therewith, including any adjustment in compensation or extension of time, and the full and final settlement of all costs (direct, indirec t 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 Packet Page. 620

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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 mark- up 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 Chan ge Order shall only be issued after a determination that no other Change Order is suitable and the Change Order shall include a ceiling price that the Contractor exceeds at its own risk.

5. Federally Funded Projects. For any change in price to the Contract, general and administrative expenses shall be negotiated and must conform to the cost principles set forth under at 2 C.F.R. Part 200, subpart E, and profit shall be negotiated as a separate element of the cost. To establish a fair and reasonable profit, consideration must be given to the complexity of the Additional Work to be performed, the risk borne by the Contractor, the Contractor's investment, the amount of subcontracting, the quali ty 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-and- material 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 Packet Page. 621

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federal, state or local laws, as well as assessment or benefits required by lawful collective bargaining agreements. The use of a labor classification which would increase the Additional Work cost will not be permitted unless the Contractor establishes the necessity for such additional costs. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental.
b. Materials. The cost of materials reported shall be at the lowest current price at which such materials are locally available in the quantities involved, plus sales tax, freight and delivery. Materials costs shall be based upon supplier or manufacturer’s invoice.
c. Tool and Equipment Use . Regardless of ownership, the rates to be used in determining equipment use shall not exceed listed rates prevailing locally at equipment rental agencies, or distributors, at the time the work is performed.

The Contractor shall furnish cost data supporting the establishment of the rental rate. The rental rate to be applied for use of each items of equipment shall be the rate resulting in the least total cost to the City for the total period of use. The City shall the make the final determination as to an equitable rental rate for the equipment. No payment will be made for the use of small tools, which have a replacement value of $1,000 or less.
(i) The rental time to be paid for equipment shall be the time the equipment is in productive operation on the Additional Work being performed.

Rental time will not be allowed while equipment is inoperative due to breakdowns.
(ii) All equipment shall, in the opinion of the City , be in good working condition and suitable for the purpose for which the equipment is to be used. Equipment with no direct power unit shall be powered by a unit of at least the minimum rating recommended by the manufacturer. (iii) Before construction equipment is used on any Additional Work , the Contractor shall plainly stencil or stamp an identifying number thereon at a conspicuous location, and shall furnish to the City, in duplicate, a description of the equipment and its identifying number. (iv) When hourly rates are listed, any part of an hour less than 30 minutes of operation shall be considered to be 1/2 -hour of operation, and any part of an hour greater than 30 minutes will be considered one hour of operation. When daily rates are listed, any part of a day less than 4 hours operation shall be considered to be 1/2-day of operation. d. Allowed Mark-up. The allowed mark -up for any and all overhead (including supervision and home and field office costs) and profit on work added to the Contract shall be determined in accordance with the following provisions:
(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 Packet Page. 622

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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 sub - subcontractor’s Net Cost for Work to which the Subcontractor and Contractor may each add up to an additional five percent (5%) of the Net Cost of the lower tier subcontractor.
(v) No additional mark-up will be allowed for lower tier subcontractors, and in no case shall the added cost for overhead and profit payable by the City exceed twenty -five percent (25%) of the Net Cost as defined herein, of the party that performs the Work.
(vi) Calculation of the mark-up will be subject to the limitations above and to calculation as further detailed in (b)(B)(5) above.
e. Documentation of Time-and-Material Costs.
(i) T&M Daily Sheets . Contractor must submit timesheets, materials invoices, records of equipment hours, and records of rental equipment hours to the City ’s for an approval signature each day that Work is performed on a time-and-material basis. The Engineer’s signature on time sheets only serves as verification that the Work was performed and is not indicative of the City’s agreement to Contractor’s entitlement to the cost.
(ii) T&M Summary Sheet. Contractor shall submit a T&M Summary Sheet, which shall include total actual costs, within five (5) Days following completion of Additional Work on a time -and-material basis .

Contractor’s total actual cost shall be presented in a summary table in an electronic spreadsheet file by labor, material, equipment, and any other costs, along with documentation supporting the costs .

Contractor’s failure to submit the T&M Summary Sheet within five (5) Days of completion of the Additional Work will result in Contractor’s waiver for any reimbursement of any costs associated with the Additional Work.

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f. Excluded Costs. The following costs or any other home or field office overhead costs, all of which are to be considered administrative costs covered by the Contractor’s mark-up, shall not be allowed costs and shall not be included in any lump sum proposals or time-and-materials invoices:
(i) Overhead Cost. Payroll costs and other compensation of Contractor’s officers, executives, principals, general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, timekeepers, clerks, and other personnel employed by Contractor whether at the Site or in Contractor’s principal office or any branch office, material yard, or shop for general administration of the Work;
(ii) Office Expenses . Expenses of Contractor’s principal and branch offices;
(iii) Capital Expenses. Any part of Contractor’s capital expenses, including interest on Contractor’s capital employed for the Additional Work and charges against Contractor for delinquent payments;
(iv) Negligence. Costs due to the negligence of Contractor or any Subcontractor or Supplier, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including without limitation the correction of Defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property;
(v) Small Tools. Cost of small tools valued at less than $1,000 and that remain the property of Contractor;
(vi) Administrative Costs. Costs associated with the preparation of Change Orders (whether or not ultimately authorized), cost estimates, or the preparation or filing of Claims;
(vii) Anticipated Lost Profits . Expenses of Contractor associated with anticipated lost profits or lost revenues, lost income or earnings, lost interest on earnings, or unpaid retention;
(viii) Home Office Overhead. Costs derived from the computation of a “home office overhead” rate by application of the Eichleay, Allegheny, burden fluctuation, or other similar methods;
(ix) Special Consultants and Attorneys . Costs of special consultants or attorneys, whether or not in the direct employ of Contractor, employed for services specifically related to the resolution of a Claim, dispute, or other matter arising out of or relating to the performance of the Additional Work.
(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 Packet Page. 624

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Documents; including but not limited to: s ubmittals, drawings, field drawings, shop d rawings, including submissions of drawi ngs; field inspection; general superintendence; computer services; reproduction services; s alaries of project engineer, superintendent, timekeeper, storekeeper, and secretaries; janitorial services; small tools, incidentals and consumables; temporary on-site facilities (offices, telephones, high speed internet access, plumbing, electrical power, lighting; platforms, fencing, water); surveying; estimating; protection of work; handling and disposal fees; final cleanup; other incidental work; related warranties; insurance and bond premiums.
(xi) Compliance with Federal Cost Principles . If the Project is federally funded, any costs that are not allowable, reasonable and allocable to the Project, under generally accepted accounting principles and the applicable federal requirements.

9.2 Procedure for Resolving Claims.

Contractor shall timely comply with any and all requirement of the Contract Documents pertaining to notices and requests for changes to the Contract Time or Contract Price, including but not limited to all requirements of Article 9.1, as a prerequisite to filing any claim governed by this Article. The failure to timely submit a notice of delay or notice of change, or to timely request a change to the time for completion or Contractor’s compensation, or to timely provide any other notice or request required herein shall constitute a waiver of the right to further pursue the claim under the Contract or at law.

A. Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non -binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Article is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code.

This Article shall be construed to be consistent with all applicable law, including but not limited to these statutes.

B. Claims. For purposes of this Article, “Claim” means a separate demand by the Contractor for:

1. An adjustment to the time for completion including, without limitation, for relief from damages or penalties for delay assessed by the City;

2. Payment by the City of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, payment for which is not otherwise expressly provided or to which the Contractor is not otherwise entitled; or

3. An amount the payment of which is disputed by the City.

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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. Noth ing in this Article is intended to extend the time limit or supersede notice requirements otherwise provided by Contract Documents. Failure to follow such contractual requirements shall bar any Claims or subsequent proceedings for compensation or payment thereon.

D. Documentation. The Contractor shall submit all Claims in the following format:

1. Summary description of Claim including basis of entitlement, merit and amount of time or money requested, with specific reference to the Contract Document provisions pursuant to which the Claim is made

2. List of documents relating to Claim:
a. Specifications
b. Drawings
c. Clarifications (Requests for Information)
d. Schedules
e. Other

3. Chronology of events and correspondence

4. Narrative analysis of Claim merit

5. Analysis of Claim cost, including calculations and supporting documents

6. Time impact analysis in the form required by the Contract Documents or, if the Contract Documents do not require a particular format, CPM format, if an adjustment of the Contract Time is requested
E. City’s Response. Upon receipt of a Claim pursuant to this Article, the City shall conduct a reasonable review of the Claim and, within a period not to exceed 45 Days, shall provide the Contractor a written statement identifying what portion of the Claim Packet Page. 626

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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 $50,0 00, within 15 Days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.

F. Meet and Confer. If the Contractor disputes the City’s written response, or the City fails to respond within the time prescribed, the Contractor may so notify the City, in writing, either within 15 Days of receipt of the City’s response or within 15 Days of the City’s failure to respond within the time prescribed, respectively, and demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, the City shall schedule a meet and confer conference within 30 Days for settlement of the dispute.

G. Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the Claim or any portion of the Claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the Claim shall be processed and made within 60 Days after the City issues its written statement. Any disputed portion of the Claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The public entity and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the Claim has been identified in writing, unless the parties agree to select a mediator at a later time.

1. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the Claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.

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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 Governme nt Code prior to initiating litigation.

For purposes of those provisions, the running of the period of time within which a Claim must be filed shall be tolled from the time the Contractor submits his or her written Claim pursuant to subdivision (a) until the time the Claim is denied, including any period of time utilized by the meet and confer conference.

I. Civil Actions. The following procedures are established for all civil actions filed to resolve Claims of $375,000 or less:

1. Within 60 Days, but no earlier than 30 Days, following the filing or responsive pleadings, the court shall submit the matter to non -binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of this Contract. The mediation process shall provide for the selection within 15 Days by both parties of a disinterested third person as mediator, shall be commenced within 30 Days of the submittal, and shall be concluded within 15 Days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.

2. If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a m ore 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.

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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 Secti on 910) of Part 3 of Division 3.5 of Title 1 of the Government Code.

2. In addition to any and all requirements of the Contract Documents pertaining to notices of and requests for adjustment to the Contract Time, Contract Price, or compensation or payment for Additional Work, disputed Work, construction claims and/or changed conditions, the Contractor must comply with the claim procedures set forth in Government Code Section 900, et seq. prior to filing any lawsuit against the City.

3. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to adjustment of the Contract Time or Contract Price for Additional Work, disputed Work, construction claims, and/or changed conditions have been followed by Contractor. If Contractor does not comply with the Government Code claim procedure or the prerequisite contractual requirements, Contractor may not file any action against the City.

4. A Government Code claim must be filed no earlier than the date the Work is completed or the date the Contractor last performs Work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved Claims known to Contractor or that should reasonably by known to Contractor excepting only new unrelated Claims that arise after the Government Code claim is submitted.

K. Non-Waiver. The City’s failure to respond to a Claim from the Contractor within the time periods described in this Article or to otherwise meet the time requirements of this Article shall result in the Claim being deemed rejected in its entirety, and shall not constitute a waiver of any rights under this Article.

ARTICLE 10 - MEASUREMENT; PAYMENT

10.1 Cost Breakdown.

A. Lump Sum Work.

1. Contractor shall furnish on forms approved by the City within ten (10) Days of the Notice to Proceed, a schedule of values allocating the entire Contract Price to the various portions of the Work and prepared in such a form and supported by such data to substantiate its accuracy as the Engineer may require. This schedule of values, unless objected to by the Engineer, shall be used as a basis for reviewing the Contractor’s applications for payment. Contractor shall submit the schedule of values prior to submitting its first application for payment, and the City will not issue any payment until it receives and approves the schedule of values.

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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 U nit Price Work multiplied by the estimated quantity of each item as indicated in the Contract. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor’s overhead and or profit for each separately identified item.

2. Unless otherwise specified, payment will be based on the actual quantities of Work as verified and approved by the Engineer, based on the price per unit as set forth in the Bid.

3. The City or Contractor may initiate a Change Order or Change Order Request to adjust the Contract Price in accordance with Contractor Documents based on actual quantities of Unit Price Work. The City or Contractor may make a claim for an adjustment in the Unit Price in accordance with the Contract Documents if:
a. the quantity of any item of Unit Price Work performed by Contractor differs by twenty-five percent (25%) or more from the estimated quantity of such item indicated in the Contract; and
b. there is no corresponding adjustment with respect to any other item of Work; and
c. Contractor believes that Contractor is entitled to an increase in unit price as a result of having incurred additional expense or the City believes that the City is entitled to a decrease in unit price and the parties are unable to agree as to the amount of any such increase or decrease.

10.2 Progress Estimates and Payment.

A. By the tenth (10th) Day of the following calendar month, Contractor shall submit to Engineer a payment request which shall set forth in detail the value of the Work done for the period beginning with the date Work was first commenced and ending on the end of the calendar month for which the payment request is prepared. Contractor shall include an adjusted list of actual quantities, verified by the Engineer, for unit price items listed, if any, in the Bid. Contractor shall include any amount earned for authorized Additional Work. Contractor shall certify under penalty of perjury, that all cost breakdowns and periodic estimates accurately reflect the Work on the Project.

B. From the total thus computed, a deduction shall be made in the amount of five percent (5%) for retention, except where the City has adopted a finding that the Work done under the Contract is substantially complex, and then the amount withheld as retention shall be the percentage specified in the Notice Inviting Bids. From the remainder a further deduction may be made in accordanc e with Section C below.

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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.

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 Packet Page. 631

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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 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 arisin g 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.

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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. Ho wever, 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, furnishe d or used by Contractor in the performance of this Contract.

11.2 Document Retention & Examination
A. In accordance with Government Code section 8546.7, records of both the City and the Contractor shall be subject to examination and audit by the State Auditor General for a period of three (3) years after final payment.

B. Contractor shall make available to the City any of the Contractor’s other documents related to the Project immediately upon request of the City.

C. In addition to the State Auditor rights above, the City shall have the right to examine and audit all books, estimates, records, contracts, documents, bid documents, subcontracts, and other data of the Contractor (including computations and projections) related to negotiating, pricing, or performing the modification in order to evaluate the accuracy and completeness of the cost or pricing data at no additional cost to the City, for a period of four (4) years after final payment.

11.3 Notice.

A. All notices shall be in writing and either served by personal delivery or mailed to the other party. Written notice to the Contractor shall be addressed to Contractor’s principal place of business unless Contractor designates another address in writing for service of notice. Notice to the City shall be addressed to the City as designated in the Notice Inviting Bids unless the City designates another address in writing for service of notice. Notice shall be effective upon receipt or five (5) Days after being Packet Page. 633

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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.

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.

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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 Sup erior Court of San Bernardino County, California, and expressly consent to the jurisdiction of said court, regardless of residence or domicile, and agree that said court shall be a proper venue for any such action.

11.11 Cumulative Remedies.

A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Applicable Laws, by special warranty or guarantee, or by other provisions of the Contract Documents.

The provisions of this Article will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply.

11.12 Survival of Obligations.

A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor.

11.13 Headings.

A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions.

11.14 Assignment of Antitrust Actions
A. In accordance with §7103.5(b) of the California Public Contract Code, Contractor and Subcontractors must conform to the following requirements:

1. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, Contractor or Subcontractor offer and agree to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under §4 of the Cl ayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with §16700) of Part 2 of Packet Page. 635

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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.

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
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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/ref ueling 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. Contract or 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.

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00 73 13 – SPECIAL CONDITIONS
ARTICLE 1 -SCOPE OF WORK

1.1 Location of the Project.

A. Ruben Campos Community Center: 1717 5th Street, San Bernardino, CA 92411

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1.2 Scope of Work.

The Scope of Work consists of removing and replacing AC units on the roof and related controls/interface, removing and replacing restroom fixtures with ADA compliant fixtures, new MONDO flooring for the gym area, new ADA compliant double door on the west side of the building, ADA concrete path of travel for wheelchairs, and related striping, striping for handicap parking stalls.

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 Packet Page. 639

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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 C ity due to the Contractor’s failure to comply with the terms of the applicable permits regulating Water Pollution Control.

Administrative fines, if imposed, will be withheld from the Contractor’s payments.

2.4 Section 5.27 Work Site
Section 5.27 Work Site, shall add the following requirements:

The contractor shall notify all residents and business owners, in writing (both in English and in Spanish), of his proposed operations and schedule. Notice shall be delivered at least ten (10) working days prior to start of construction. The contractor shall prepare a letter for this purpose and submit the letter to the Engineer for approval at least five (5) working days prior to the date needed for its circulation. The Contractor shall be responsible for reproduction and distribution of the letters. The time to notify in advance shall be coordinated with the City inspector.

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
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SPECIFICATIONS
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 ITEM 1: MOBILIZATION

This bid item shall conform to the provisions in Section 9-3.4, “Mobilization”, of the Standard Specifications of Public Works Construction, 2021 edition, and these special provisions.

Mobilization may include, but not be limited to, the following principal items:

1. Submittal and modification, as required, of the Construction Schedule.

2. Providing a Project Office (if needed)

3. Review of the Site.

4. Obtaining all required Transportation Permits.

5. Submittal of all required insurance certificates and bonds as required by these Specifications.

6. Moving onto the site, including, but not limited to:

A. Equipment
B. Arranging for and erection of Contractor’s work and storage areas.

7. Installing construction fencing and temporary construction power and wiring.

Providing a minimum of one restroom facility for each twenty-five (25) workers occupying the site. Facilities may include existing functioning restrooms, or portable chemical facilities, or any combination thereof, and shall count as one for each urinal or one for each water closet (as required).

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.

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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 ITEM 2: REMOVE OF EXISTING FIXTURES (TOILETS, SINKS, URINALS) IN MEN'S AND WOMEN'S RESTROOMS.

This bid item includes removal of existing restroom fixtures (toilets, sinks, urinals) in the restrooms shown on the plan.

Measurement and Payment for this bid item shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work involved including removal of the above-mentioned fixtures. No additional compensation shall be allowed. All work be paid by the contract unit price paid per EACH (EA) and shall be full and final compensation.

BID ITEM 3: REMOVE EXISTING FLOORING IN THE GYM AREA. (SEE HATCH AREA ON PLAN); REMOVE ANY ADHESIVES; REPAIR FLOOR SUCH AS GRINDING AND LEVELING.

This bid item includes removal of existing flooring in the GYM area shown in hatch pattern on the plan and removing any adhesives and repair floor such as grinding and leveling.

Measurement and Payment for this bid item shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work involved including removal of the existing flooring. No additional compensation shall be allowed. All work be paid by the contract unit price paid per Square Feet (SF) and shall be full and final compensation.

BID ITEM 4: PERFORM MOISTURE TEST FOR THE FLOOR
This bid item includes performing moisture test on the floor for the area that will receive MONDO flooring.

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of the existing flooring. No additional compensation shall be allowed. All work be paid by the contract unit price paid per Lump Sum (LS) and shall be full and final compensation.

BID ITEM 5: REMOVE EXISTING AC CONDENSERS (5 TON) INCLUDING DISCONNECT BOXES FROM THE ROOF (SEE ATTACHED PICTURES); CAP/PLUG ANY OPEN LINES;

COVER OPEN AREA OF THE ROOF TO PREVENT RAIN ENTERING THE BUILDING UNTIL THE NEW AC UNITS ARE INSTALLEDREMOVE EXISTING AC UNITS FROM ROOF.

This bid item includes removal of existing AC units from the roof and disposal of the units; Cap/plug any open lines and cover the roof opening until the installation of the new AC units, to prevent rain or other materials from getting inside the building.

Measurement and Payment for this bid item shall include full compensation for furnishing all labor, materials, tools, equipment,
and incidentals for doing all work involved in removal and disposal of the existing AC units. No additional compensation shall be allowed. All work be paid by the contract unit price paid per Each (EA) and shall be full and final compensation.

BID ITEM 6 - REMOVE THE RELATED FAN COILS FROM THE ATTIC This bid item includes removal of existing fan coils from the attic and disposal of them.

Measurement and Payment for this bid item shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work involved in removal and disposal of the existing AC units. No additional compensation shall be allowed. All work be paid by the contract unit price paid per Each (EA) and shall be full and final compensation.

BID ITEM 7: REMOVE EXISTING ASPHALT WALKWAY, AND ADA ASPHALT PATH OF TRAVEL PER PLANS.

This bid item includes removal of existing asphalt at the west side of the building, and ADA path of travel leading to handicap parking stalls.

Measurement and Payment for this bid item shall include full compensation for furnishing all labor, materials, tools, equipment,
and incidentals for doing all work involved including removal, construction, trench and surface restoration and no additional compensation shall be allowed. All work be paid by the contract unit price paid per Square Feet (SF) and shall be full and final compensation.

BID ITEM 8: REMOVE EXISTING PCC PAD/ WALKWAY AT WEST ENTRANCE OF THE BUILDING PER PLANS.

This bid item includes removal of existing concrete walkway at the west entrance of the building.

Measurement and Payment for this bid item shall include full compensation for furnishing all labor, materials, tools, equipment,
and incidentals for doing all work involved including removal, construction, trench and surface restoration and no additional compensation shall be allowed. All work be paid Packet Page. 643

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by the contract unit price paid per Square Feet (SF) and shall be full and final compensation.

BID ITEM 9: REMOVE/CUT 4 FEET OF EXISTING FENCE AND CURB TO ALLOW FOR ADA PATH OF TRAVEL.

This bid item includes removal of existing fence and concrete curb to allow construction of ADA path.

Measurement and Payment for this bid item shall include full compensation for furnishing all labor, materials, tools, equipment,
and incidentals for doing all work involved including removal, construction, trench and surface restoration and no additional compensation shall be allowed. All work be paid by the contract unit price paid per Linear Feet (LF) and shall be full and final compensation.

BID ITEM 10 - REMOVE EXISTING DRINKING WATER FOUNTAIN AND CAP WATER LINE This bid item includes removal of existing drinking water fountain that is opposite from the main entrance to the building (south side of the building), and to cap water line.

Measurement and Payment for this bid item shall include full compensation for all labor, materials, tools, equipment, and incidentals for doing all work involved including removal, construction, trench and surface restoration and no additional compensation shall be allowed.

All work be paid
by the contract unit price paid per Each (EA) and shall be full and final compensation.

BID ITEM 11: FURNISH AND INSTALL ADA COMPLIANT RESTROOM FIXTURES (TOILETS, SINKS, URINALS), AND GRAB HANDLES (WHERE REQUIRED) This bid item includes installation new ADA compliant restroom fixtures (toilets, sinks, urinals) in the men’s and women’s restrooms shown on the plan.

Measurement and Payment for this bid item shall include full compensation for furnishing all labor, materials, tools, equipment,
and incidentals for doing all work involved in the installation of the above mentioned fixtures. No additional compensation shall be allowed. All work be paid by the contract unit price paid per EACH (EA) and shall be full and final compensation.

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BID ITEM 12: FURNISH PAINT; PATCH AND PAINT RESTROOM WALLS WHERE NEEDED (MEN'S AND WOMEN'S RESTROOMS); SUBMIT TYPE OF PAINT FOR APPROVAL BY THE CITY
This bid item includes furnishing paint and patching and painting of restroom walls.

Measurement and Payment for this bid item shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work involved in the patching and painting of the above mentioned walls. No additional compensation shall be allowed. All work be paid by the contract unit price paid per Lump Sum (LS) and shall be full and final compensation.

BID ITEM 13: FURNISH AND INSTALL NEW MONDO FLOORING INCLUDING PREPARING THE FLOOR UNDERNEATH IT.

This bid item includes installation of MONDO flooring in the GYM area shown in hatch pattern on the plan. The floor should be prepared per requirements of the flooring manufacturer prior to installing the MONDO flooring.

Measurement and Payment for this bid item shall include full compensation for furnishing all labor, materials, tools, equipment,
and incidentals for doing all work involved in installation of the new flooring. No additional compensation shall be allowed. All work be paid by the contract unit price paid per Square Feet (SF) and shall be full and final compensation.

BID ITEM 14: INSTALL NEW AC CONDENSER UNITS ON THE ROOF, INCLUDING SUPPORTING EQUIPMENT. CONDENSER UNITS ARE PROVIDED BY THE CITY OF SAN

BERNARDINO (MAINTENANCE)
This bid item includes installing new condenser units provided by the City.

Measurement and Payment for this bid item shall include full compensation for installation including all labor, materials, tools, equipment, and incidentals for doing all work involved in the installation of the new units. No additional compensation shall be allowed. All work be paid by the contract unit price paid per Each (EA) and shall be full and final compensation.

BID ITEM 15 - FURNISH AND INSTALL NEW FAN COILS IN THE ATTIC.

This bid item includes furnishing and installing new fan coils in the attic. Match to existing controls/system.

Measurement and Payment for this bid item shall include full compensation for furnishing and installation including all labor, materials, tools, equipment, and incidentals for doing all work involved in the installation of the new units. No additional compensation shall be allowed. All work be paid by the contract unit price paid per Each (EA) and shall be full and final compensation.

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BID ITEM 16: CONSTRUCT 4” THICK PCC WALKWAY (ADA PATH), INCLUDING 95% SUBGRADE COMPACTION PER PLAN AND SPECIFICATIONS.

This bid item shall comply with Section 201-1, "Portland Cement Concrete", and Section 303-5, "Concrete Curb, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps and Driveways", of the Standard Specifications, as shown on the Plans, CITY Standard Drawings, these Special Provisions, and as directed by the Engineer.

Portland cement concrete shall be Class 560-C-3250, with a maximum slump of four ( 4) inches.

Portland cement concrete walkway shall be constructed in accordance with the ADA requirements with no more that 5% running slope and no mere than 2% cross-slope.

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, incidentals, grading, compacting, framing, fill material, backfilling and doing all work involved in constructing PCC Sidewalk per project plans standard plan and theses specifications; no additional compensation will be allowed.

BID ITEM 17: FURNISH AND INSTALL NEW FENCE- POST TO SUPPORT THE FENCE This bid item includes installing a new fence post at the location where the fence was cut to make room for the ADA path.

Measurement and Payment for this bid item shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work involved in the patching and painting of the above mentioned damaged walls. No additional compensation shall be allowed.

All work be paid by the contract unit price paid per Lump Sum (LS) and shall be full and final compensation.

BID ITEM 18: PATCH/ REPAIR CURB/ GATE-POST BASE (SEE ATTACHED PICTURE) Measurement and Payment for this bid item shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work involved in the patching and painting of the above mentioned damaged walls. No additional compensation shall be allowed.

All work be paid by the contract unit price paid per Lump Sum (LS) and shall be full and final compensation.

BID ITEM 19: REMOVE EXISTING DOUBLE DOORS ON THE SOUTH AND WEST SIDE OF

THE BUILDING, AND INSTALL NEW ADA COMPLIANT DOUBLE DOORS, WITH PANEL BARS AND DOOR CLOSURES, INCLUDING DOORBELL & WIRING. SUBMIT DOOR DATA SHEETS TO THE CITY FOR APPROVAL. DOORS TO BE VANDAL PROOF.

This bid item includes removing the existing double doors and installing new ones as described above in bid item 18. See attached picture of the existing door. Doors to be vandal proof.

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Measurement and Payment for this bid item shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work involved in the patching and painting of the above mentioned damaged walls. No additional compensation shall be allowed.

All work be paid by the contract unit price paid per Each (EA) and shall be full and final compensation.

BID ITEM 20: APPLY 4” WIDE THERMOPLASTIC REFLECTIVE WHITE STRIPING, AND BLUE BORDERS FOR HANDICAP PATH PER 2023 CALTRANS STANDARD A90A PER SPECIFICATION AND PROJECT PLANS.

This bid item includes ADA path striping on the concrete path from the handicap parking area on the parking lot to the west entrance of the building as shown on plan.

Measurement and Payment for this bid item shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work involved in the patching and painting of the above mentioned damaged walls. No additional co mpensation shall be allowed. All work be paid by the contract unit price paid per Lump Sum (LS) and shall be full and final compensation.

BID ITEM 21 - CONSTRUCTION 4’ X 8’ PROJECT SIGN:

Work specified in this section includes providing all materials and performing all operations to fabricate, install, modify and/or relocate Project Information Sign, and as specified in these Special Provisions. Submit a shop drawing for all sign panels, and the Manufacturer's data for the Sign Panels.

MATERIALS
A. Project Information Signs shall be constructed per Caltrans specifications for Plywood single sheet and laminated panel signs.

B. Color of signs, panels and lettering shall be as indicated on the drawing in these specifications.

C. Sign Posts shall be constructed of wood and shall conform to the provisions of section 56-2.02B, Caltrans.

D. Mounting Hardware shall be furnished by the Contractor and shall conform to the provisions of section 56-2.02D, Caltrans.

INSTALLATION

For this contract, one (1) Project Information Sign shall be installed, relocated or modified for each location as directed by the City Engineer and shall conform to the provisions of sections 56-2.03, and 56-2.04, Caltrans.

Measurement and Payment
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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 si gn. This will also include the removal of the signs and posts.

BID ITEM 22 – FURNISH PAINT, AND PAINT MEN’S AND WOMEN’S RESTROOM FLOORS WITH EPOXY PAINT.

This bid item includes furnishing epoxy paint and painting the men’s and women’s restrooms floors. Submit paint data sheets to City for approval.

Measurement and Payment for this bid item shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work involved in the painting of the above mentioned area floors. No additional compensation shall be allowed. All work be paid by the contract unit price paid per Lump Sum (LS) and shall be full and final compensation.

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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. RUBEN CAMPOS COMMUNITY CENTER, DRAWING NO. 13638
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108 PROJECT SIGN

PROJECT SIGN

CITY OF SAN BERNARDINO
Building a Better San Bernardino

IMPROVEMENTS AT
RUBEN CAMPOS Community Center
PROJECT No. GB 25-007

Estimated Completion: Spring/Summer 2025
Funding Provided By: Community Development Block
Grant

Council Ward: 1
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

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109 PROJECT SIGN

Size: 4’ Vertical by 8’ horizontal. Material: ½” Plywood with graffiti laminate. Colors: White background, blue and black graphics, full color logo.

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110 FEDERAL FORMS AND OTHER REQUIREMENTS

BUSINESS LICENSE
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FEDERAL FORMS AND OTHER REQUIREMENTS

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Federal Forms and Other Requirements:

1. Federal Labor Standards Provisions (HUD - 4010) . . . . . . . . . . . Page 2

2. Equal Employment Opportunity Clause . . . . . . . . . . . . . . . . . . . Page 12

3. Clean Air and Water Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 21

4. Labor Codes Section 1771 – 1815 . . . . . . . . . . . . . . . . . . . . . . . . Page 22

5. Certification of Understanding and Authorization . . . . . . . . . . Page 27

6. Equal Employment Opportunity Commitment * . . . . . . . . . . . . Page 28

7. Report of Additional Classification and Rate ** . . . . . . . . . . . . . Page 29

8. Bidders Questionnaire * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 30

9. Non-Segregated Facilities Certification * . . . . . . . . . . . . . . . . . . Page 32

10. Past Performance Certification * . . . . . . . . . . . . . . . . . . . . . . . . . Page 33

11. Federal Lobbyist Certification * . . . . . . . . . . . . . . . . . . . . . . . . . . Page 35

12. Worker’s Compensation Certification * . . . . . . . . . . . . . . . . . . . Page 35

14. Declaration of Intent with Section 3 * . . . . . . . . . . . . . . . . . . . . .Page 37

15. Notice of Section 3 Commitment * . . . . . . . . . . . . . . . . . . . . . . . Page 38

16. Section 3 Business Concern Certification * . . . . . . . . . . . . . . . . . Page 39 * Must Submit Form with Bid
** Must Submit Form with Bid If Needed
<< Page 1>>

17. Section 3 Self-Certification Form . . . . . . . . . . . . . . . . . . . . . . . . . Page 40

18. Section 3 Qualitative Efforts for Contractors . . . . . . . . . . . . . . . Page 42

13. List of Proposed Subcontractors * . . . . . . . . . . . . . . . . . . . . . . . Page 36 Packet Page. 654
<< Page 2>>
HUD-4010
Federal Labor Standards Provisions
A. APPLICABILITY
U.S. Department of Housing and Urban Development
Office of Davis-Bacon and Labor Standards
The Project or Program to which the construction work covered by this Contract pertains is being assisted by the United States of America, and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance.

1. Minimum wages and fringe benefits
i. All laborers and mechanics employed or working upon the site of the work (or otherwise working in construction or development of the project under a development statute), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of basic hourly wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. As provided in 29 CFR

5.S(d) and (e), the appropriate wage determinations are effective by operation of law even if they have not been attached to the contract. Contributions made or costs reasonably anticipated for bona fide fringe benefits under the Davis-Bacon Act (40 U.S.C. 3141(2)(B)) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(l)(v) of these contract clauses; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics must be paid the appropriate wage rate and fringe benefits on the wage determination for the classification(s) of work actually performed, without regard to skill, except as provided in 29 CFR 5.S(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under 29 CFR S.S(a)(l)(iii)) and the Davis-Bacon poster (WH-1321) must be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. ii. Frequently recurring classifications
A. In addition to wage and fringe benefit rates that have been determined to be prevailing under the procedures set forth in 29 CFR part 1, a wage determination may contain, pursuant to § 1.3(f), wage and fringe benefit rates for classifications of laborers and mechanics for which conformance requests are regularly submitted pursuant to 29 CFR 5.S(a)(l)(iii), provided that:

1. The work performed by the classification is not performed by a classification in the wage determination for which a prevailing wage rate has been determined;

2. The classification is used in the area by the construction industry; and

3. The wage rate for the classification bears a reasonable relationship to the prevailing wage rates contained in the wage determination.

B. The Administrator will establish wage rates for such classifications in accordance with 29 CFR

5.S(a)(1)(iii)(A)(3). Work performed in such a classification must be paid at no less than the wage and fringe benefit rate listed on the wage determination for such classification. iii. Conformance
A. The contracting officer must require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract be Previous editions obsolete 1 Form HUD-4010, (10/2023)
ref. Handbook 1344.1
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classified in conformance with the wage determination . Conformance of an additional classification and wage rate and fringe benefits is appropriate only when the following criteria have been met :

1. The work to be performed by the classification requested is not performed by a classification in the wage determination; and

2. The classification is used in the area by the construction industry; and

3. The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination .

B. The conformance process may not be used to split, subdivide, or otherwise avoid application of classifications listed in the wage determination .

C. If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken will be sent by the contracting officer by email to [email protected] . The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.

D. In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer will, by email to [email protected] , refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination . The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.

E. The contracting officer must promptly notify the contractor of the action taken by the Wage and Hour Division under 29 CFR 5.5 (a)(l)(iii)(C) and (D). The contractor must furnish a written copy of such determination to each affected worker or it must be posted as a part of the wage determination . The wage rate (including fringe benefits where appropriate) determined pursuant to 29 CFR 5.5 (a)(l)(iii)(C) or (D) must be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.
iv. Fringe benefits not expressed as an hourly rate
Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor may either pay the benefit as stated in the wage determination or may pay another bona fide fringe benefit or an hourly cash equivalent thereof.
v. Unfunded plans
If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, in accordance with the criteria set forth in 29 CFR 5.28, that the applicable standards of the Davis-Bacon Act have been met.

The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.
vi. Interest In the event of a failure to pay all or part of the wages required by the contract, the contractor will be required to pay interest on any underpayment of wages.

Previous editions obsolete 2 Form HUD-4010, (10/2023)
ref. Handbook 1344.1
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2. Withholding
i. Withholding requirements
The U.S. Department of Housing and Urban Development may, upon its own action, or must, upon written request of an authorized representative ofthe Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for the full amount of wages and monetary relief, including interest, required by the clauses set forth in 29 CFR 5.S(a) for violations of this contract, or to satisfy any such liabilities required by any other Federal contract, or federally assisted contract subject to Davis-Bacon labor standards, that is held by the same prime contractor (as defined in 29 CFR 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to Davis-Bacon labor standards requirements and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. In the event of a contractor's failure to pay any laborer or mechanic, including any apprentice or helper working on the site of the work (or otherwise working in construction or development of the project under a development statute) all or part of the wages required by the contract, or upon the contractor's failure to submit the required records as discussed in 29 CFR 5.S(a)(3)(iv), HUD may on its own initiative and after written notice to the contractor, sponsor, applicant, owner, or other entity, as the case may be, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.
ii. Priority to withheld funds
The Department has priority to funds withheld or to be withheld in accordance with 29 CFR

5.S(a)(2)(i) or (b)(3)(i), or both, over claims to those funds by:

A. A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties;
B. A contracting agency for its reprocurement costs;
C. A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate;
D. A contractor's assignee(s);
E. A contractor's successor(s); or
F. A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901-3907.

3. Records and certified payrolls
i. Basic record requirements
A. Length of record retention. All regular payrolls and other basic records must be maintained by the contractor and any subcontractor during the course of the work and preserved for all laborers and mechanics working at the site of the work (or otherwise working in construction or development of the project under a development statute) for a period of at least 3 years after all the work on the prime contract is completed.

B. Information required Such records must contain the name; Social Security number; last known address, telephone number, and email address of each such worker; each worker's correct classification(s) of work actually performed; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act); daily and weekly number of hours actually worked in total and on each covered contract; deductions made; and actual wages paid.

C. Additional records relating to fringe benefits. Whenever the Secretary of Labor has found under 29 CFR S.S(a)(l)(v) that the wages of any laborer or mechanic include the amount of any Previous editions obsolete 3 Form HUD-4010, (10/2023)
ref. Handbook 1344.1
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costs reasonably anticipated in providing benefits under a plan or program described in 40 U.S.C. 3141{2)(B) ofthe Davis-Bacon Act, the contractor must maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits .

D. Additional records relating to apprenticeship Contractors with apprentices working under approved programs must maintain written evidence of the registration of apprenticeship programs, the registration of the apprentices, and the ratios and wage rates prescribed in the applicable programs.
ii. Certified payroll requirements
A. Frequency and method of submission The contractor or subcontractor must submit weekly, for each week in which any DBA- or Related Acts-covered work is performed, certified payrolls to HUD if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the certified payrolls to the applicant, sponsor, owner, or other entity, as the case may be, that maintains such records, for transmission to HUD. The prime contractor is responsible for the submission of all certified payrolls by all subcontractors . A contracting agency or prime contractor may permit or require contractors to submit certified payrolls through an electronic system, as long as the electronic system requires a legally valid electronic signature; the system allows the contractor, the contracting agency, and the Department of Labor to access the certified payrolls upon request for at least 3 years after the work on the prime contract has been completed; and the contracting agency or prime contractor permits other methods of submission in situations where the contractor is unable or limited in its ability to use or access the electronic system B. Information required The certified payrolls submitted must set out accurately and completely all of the information required to be maintained under 29 CFR 5.S{a)(3)(i)(B), except that full Social Security numbers and last known addresses, telephone numbers, and email addresses must not be included on weekly transmittals. Instead, the certified payrolls need only include an individually identifying number for each worker (e.g., the last four digits of the worker's Social Security number). The required weekly certified payroll information may be submitted using Optional Form WH-347 or in any other format desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at https://www.dol.gov/ sites/dolqov/files/WHD/leqacv/files/wh347.pdf or its successor website. It is not a violation of this section for a prime contractor to require a subcontractor to provide full Social Security numbers and last known addresses, telephone numbers, and email addresses to the prime contractor for its own records, without weekly submission by the subcontractor to the sponsoring government agency (or the applicant, sponsor, owner, or other entity, as the case may be, that maintains such records).

C. Statement of Compliance Each certified payroll submitted must be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor, or the contractor's or subcontractor's agent who pays or supervises the payment of the persons working on the contract, and must certify the following:

1. That the certified payroll for the payroll period contains the information required to be provided under 29 CFR 5.5(a){3){ii), the appropriate information and basic records are being maintained under 29 CFR 5.5 (a){3)(i), and such information and records are correct and complete;

2. That each laborer or mechanic (including each helper and apprentice) working on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly Previous editions obsolete 4 Form HUD-4010, (10/2023)
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from the full wages earned, other than permissible deductions as set forth in 29 CFR part 3; and

3. That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification(s) of work actually performed, as specified in the applicable wage determination incorporated into the contract.

D. Use of Optional Form WH-347 The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 will satisfy the requirement for submission of the "Statement of Compliance" required by 29 CFR S.S(a)(3)(ii)(C).

E. Signature The signature by the contractor, subcontractor, or the contractor's or subcontractor's agent must be an original handwritten signature or a legally valid electronic signature.

F. Falsification The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 3729.

G. Length of certified payroll retention The contractor or subcontractor must preserve all certified payrolls during the course of the work and for a period of 3 years after all the work on the prime contract is completed.
iii. Contracts, subcontracts, and related documents The contractor or subcontractor must maintain this contract or subcontract and related documents including, without limitation, bids, proposals, amendments, modifications, and extensions. The contractor or subcontractor must preserve these contracts, subcontracts, and related documents during the course of the work and for a period of 3 years after all the work on the prime contract is completed. iv Required disclosures and access
A. Required record disclosures and access to workers The contractor or subcontractor must make the records required under 29 CFR 5.S(a)(3)(i)-(iii), and any other documents that HUD or the Department of Labor deems necessary to determine compliance with the labor standards provisions of any of the applicable statutes referenced by 29 CFR 5.1, available for inspection, copying, or transcription by authorized representatives of HUD or the Department of Labor, and must permit such representatives to interview workers during working hours on the job.

B. Sanctions for non-compliance with records and worker access requirements If the contractor or subcontractor fails to submit the required records or to make them available, or refuses to permit worker interviews during working hours on the job, the Federal agency may, after written notice to the contractor, sponsor, applicant, owner, or other entity, as the case may be, that maintains such records or that employs such workers, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available, or to permit worker interviews during working hours on the job, may be grounds for debarment action pursuant to 29 CFR 5.12. In addition, any contractor or other person that fails to submit the required records or make those records available to WHD within the time WHD requests that the records be produced will be precluded from introducing as evidence in an administrative proceeding under 29 CFR part 6 any of the required records that were not provided or made available to WHD. WHD will take into consideration a reasonable request from the contractor or person for an extension of the time for submission of records. WHD will determine the reasonableness of the request and may consider, among other things, the location of the records and the volume of production.

C. Required information disclosures Contractors and subcontractors must maintain the full Social Security number and last known address, telephone number, and email address of each covered worker, and must provide them upon request to HUD if the agency is a party to Previous editions obsolete 5 Form HUD-4010, (10/2023)
ref. Handbook 1344.1
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the contract, or to the Wage and Hour Division of the Department of Labor. If the Federal agency is not such a party to the contract, the contractor, subcontractor, or both, must, upon request, provide the full Social Security number and last known address, telephone number, and email address of each covered worker to the applicant, sponsor, owner, or other entity, as the case may be, that maintains such records, for transmission to HUD, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or other compliance action.

4. Apprentices and equal employment opportunity
i. Apprentices
A. Rate of pay Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship (OA), or with a State Apprenticeship Agency recognized by the OA. A person who is not individually registered in the program, but who has been certified by the OA or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice, will be permitted to work at less than the predetermined rate for the work they perform in the first 90 days of probationary employment as an apprentice in such a program. In the event the OA or a State Apprenticeship Agency recognized by the OA withdraws approval of an apprenticeship program, the contractor will no longer be permitted to use apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.

B. Fringe benefits Apprentices must be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringe benefits must be paid in accordance with that determination.

C. Apprenticeship ratio The allowable ratio of apprentices to journeyworkers on the job site in any craft classification must not be greater than the ratio permitted to the contractor as to the entire work force under the registered program or the ratio applicable to the locality of the project pursuant to 29 CFR 5.S(a)(4)(i)(D). Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated in 29 CFR

5.S(a)(4)(i)(A), must be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under this section must be paid not less than the applicable wage rate on the wage determination for the work actually performed.

D. Reciprocity of ratios and wage rates Where a contractor is performing construction on a project in a locality other than the locality in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyworker's hourly rate) applicable within the locality in which the construction is being performed must be observed. If there is no applicable ratio or wage rate for the locality of the project, the ratio and wage rate specified in the contractor's registered program must be observed. ii Equal employment opportunity The use of apprentices and journeyworkers under this part must be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30.
5 Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract.

Previous editions obsolete 6 Form HUD-4010, (10/2023)
ref. Handbook 1344.1
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6 Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(l) through (11), along with the applicable wage determination(s) and such other clauses or contract modifications as the U.S. Department of Housing and Urban Development may by appropriate instructions require, and a clause requiring the subcontractors to include these clauses and wage determination(s) in any lower tier subcontracts. The prime contractor is responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this section. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower-tier subcontractors, and may be subject to debarment, as appropriate.
7 Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.
8 Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract.
9 Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives.

Mayor and City CouncilFebruary 5, 2025

Mayor and City Council
February 5, 2025