Agenda packet — Mayor and City Council, December 3, 2025 (part 5 of 7)

ACKNOWLEDGEMENT OF INSURANCE REQUIREMENTS
(Required Submittal)
VENDOR NAME: PHONE:

ADDRESS:

RFP F-25-1039

PROFESSIONAL DESIGN ENGINEERING SERVICES FOR CITY HALL PARKING STRUCTURE (5 LEVEL) PROJECT NO. GB26-012
The Proposer shall demonstrate the willingness and ability to provide the required insurance coverage as set forth in the City requirements within ten (10) calendar days of notification of selection for contract award. The insurance requirements are detailed below:

COVERAGE TYPE MINIMUM POLICY LIMITS
Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal injury, and property damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
By signing below, the Proposer acknowledges that they have reviewed the City’s insurance requirements and confirm their ability to meet these requirements within the specified timeframe.

SUBMITTED BY: DATE: ___________________
(Authorized Representative Signature)
PRINT NAME: TITLE: ___________________
IDS Group, Inc. 949.387.8500
980 Montecito Blvd. Suite 205, Corona, CA 92879
October 20, 2025
Said Hilmy, PhD, PE, SE, LEED AP Principal
Packet Page. 795
35 CITY OF SAN BERNARDINO
Professional Design Engineering Services
CITY HALL PARKING STRUCTURE (5 Level)
RFP No. F-25-1039

CONTRACT TERMINATION HISTORY
a. IDS HAS NOT failed to enter into a contract or design services agreement once selected. b. IDS HAS NOT withdrawn of a proposal as a result of an error. c. IDS HAS NOT BEEN terminated or failed to complete a contract. d. IDS HAS NOT BEEN Debarred by any municipal, county, state, federal or local agency. e. IDS HAS NOT BEEN involved in litigation, arbitration or mediation. There HAS NOT BEEN a conviction of the firm or its principals for violating a state or federal antitrust law by bid or proposal rigging, collusion, or restrictive competition between bidders or proposers, or conviction of violating any other federal or state law related to bidding or professional services performance. IDS HAS NOT knowingly concealed any deficiency in the performance of a prior contract.
f. IDS HAS NOT falsified information or submitted any deceptive or fraudulent statements in connection with a contract.
g. IDS HAS NOT willfully disregarded any applicable rules, laws or regulations.

LITIGATION
IDS Group, Inc. HAS NOT filed any claims NOR has any claims been filed against IDS related to our services in the past five (5) years.

10. CONTRACT TERMINATION

HISTORY & LITIGATION
Packet Page. 796
36 CITY OF SAN BERNARDINO
Professional Design Engineering Services
CITY HALL PARKING STRUCTURE (5 Level)
RFP No. F-25-1039

PROJECT MANAGEMENT & PROJECT CONTROLS
IDS’ project manager will implement project controls including timely and regular client communications, established monitoring to control costs and schedule. Activities under the umbrella of project controls include:

Project Planning: IDS’ Project Manager will create project plans, schedules, WBS, and budget to establish a baseline to work with throughout the project. This includes a kick-off meeting to deeply understand all of our client’s needs.

Budgeting: IDS’ team will provide schedule-phased budgets, a transparent model that will be available to serve as a benchmark throughout the project and as an important cash flow tool for accurate invoicing and project accounting.

Risk Management: Our team will preemptively identify risks, monitor risk continuously, and develop a contingency plan to address and mitigate issues to help reduce impacts to budget and schedule.

Forecasting: IDS’ team will perform regular updates to the schedule to ensure faster responses and corrective actions if a project schedule moves off-track.

Project Administration: This process involves established processes and systems that can help team members communicate and collaborate. The goal is to track status, action items, capture meeting minutes and lessons learned, and manage workflows seamlessly so teams can focus on efficient execution of project tasks.

Constructability Reviews
To improve project efficiency and constructability, IDS’ team leverages Bluebeam Revu®, a PDF-based solution designed for the construction industry, for each phase of the preconstruction process. Revu enables IDS to electronically share project feedback by redlining PDFs with industry-standard markups and takeoffs. In addition, IDS utilizes an online session collaboration feature, which allows multiple discipline-lead reviewers to comment on the same PDF together in real-time, or individually. As a result of this concurrent review, where team members can see comments made by other members, a more comprehensive, easy to understand, and quality list of comments are generated resulting in improved deliverables.

8. OTHER INFORMATION
Packet Page. 797

CITY OF SAN BERNARDINO
Professional Design Engineering Services
CITY HALL PARKING STRUCTURE (5 Level)
RFP No. F-25-1039 37
Work Schedule Management
The key to successfully implementing a project schedule is to: first, develop a realistic schedule with sufficient detail to define the critical‐path tasks required; second, implement a timely decision‐making process that continually moves the project forward in a proactive manner; and finally, to tenaciously adhere to that schedule with a continual sense of urgency. Equally important is to allow sufficient time for the Client’s involvement and evaluation of all design issues. The team prides itself on both our ability to build realistic, achievable schedules and to guide the design team, including the owner, through the decision‐making process that meets those critical timelines.

Bringing a Project Back on Schedule
We keep projects on track through constant team communication and anticipating possible delays in the schedule.

Before initiating a major project, the IDS Team will hold a special meeting to discuss work tasking and schedule constraints for each element of the project. Minutes from these meetings will be circulated to all Project Team members for their review and concurrence. Schedules will be distributed to all parties via email. Most importantly, the schedule is more than simply a reporting tool. It is an “early warning device” to anticipate possible delays and proactively manage activities. Our “percent complete” schedule will realistically measure work order progress. With such advance notice, each team leader can respond quickly to avoid task slowdowns and maintain the schedule. IDS typically holds Project Team meetings, which are scheduled bi‐monthly or weekly (as deemed necessary) to keep a project on “target” and “on track.”
Potential Problem
Method of Identification
Discussion Possible Corrective Action
with Agency
Communicate
to Project
Manager by
Staff
Team
Meetings
Progress
Review by
Project
Manager
Change in Requirements Expand Staff; accelerate schedule. Hold team meeting; revise staffing; revise
schedule and budget if necessary.
- Accelerated Delivery 
- Modification of Scope 
Slippage in Schedule    Expand staffing; revise schedule in consultation with Agency.

Attrition of Personnel    Execute backup plan for key staff; utilize existing resource pool.

Cost Growth    Absorb cost growth if no change in scope of work.

Quality of Work    
Immediate meeting of project Manager
and appropriate staff; possible staff
changes.

Subcontractor
Performance
  
Immediate discussions between Project
Manager and Subcontractor; implement
specific corrective action plan.

Delay in Review Process
at the Agency

Hold in-person review to expedite review
schedule; accelerate the response to
comment schedule.

The Project Manager will present persistent problems to senior management at IDS for assistance in problem resolution to assure that contract performance meets all Agency expectations and standards. The table below summarizes potential problem areas and the management methods IDS’ uses to identify and resolve them at the earliest possible time.

Packet Page. 798

CITY OF SAN BERNARDINO
Professional Design Engineering Services
CITY HALL PARKING STRUCTURE (5 Level)
RFP No. F-25-1039 38
Construction Observation | Administration
Scheduling is a critical component of the design and construction process. A project schedule for each assignment will be developed using the critical‐path‐method in Microsoft Project and / or Excel. The project schedule will be developed at the start of the project and will include all the phases and milestones that are identified by the City and / or mandated by project requirements. The design schedule will include meetings with the City project manager and its consultants at various milestones and provide status / progress reports. We will update the schedule and work plan regularly based on the actual hours worked that are tracked by our internal accounting system. In this way, we can adjust resources to ensure that the project milestones are completed on schedule. We also have an excellent record working on fast‐track projects. In these projects, it is essential for the design team to meet the critical path milestones that precede project completion.

Cost Estimates/ Cost Control
Our standard software, PlanSwift, provides the flexibility to quickly break out the itemized takeoff. This efficiency reduces the number of resources required to complete the takeoff for each project, and the program’s area and zone functions allow the estimator to sort the takeoff into multiple breakouts with minimal effort.

As design progresses, the more detailed documents can be virtually overlaid over previous ones, and changes/additions are immediately visible on screen. This ensures that our estimates at logical milestones during design (SD, DD, CD, etc.), can execute the later levels of design faster and more accurately.

When tasked with value engineering on the same project, our team members will go back and modify the original takeoffs to determine the less expensive methods or materials to construct the project. The benefit with PlanSwift is it allows the estimator to select the existing items and easily assign them to new or other existing conditions with the click of a button.

Value Engineering, Life Cycle Cost Analysis, and Bid Alternate Designation IDS performs in-house cost estimates to identify opportunities for alternate bids that will provide flexibility for our clients as they balance the project scope for construction and the cost of construction.

The first path to value engineering savings is constructability. Our construction cost estimator provides an internal constructability review, which will allow the design team to eliminate scope that will later prove to be impractical to build and therefore costly.

The second path to value engineering is the search for alternates that provide nearly equal performance at less initial cost. When considering these initial cost savings, IDS provides a life cycle cost analysis of the alternatives so that our clients can make informed choices.

Packet Page. 799
980 Montecito, Suite, 205, Corona, California 92879 951.631.8550 www.idsgi.com

12. CERTIFICATION OF

PROPOSAL
“The undersigned hereby submits its proposal and, by doing so, agrees to furnish services to the City in accordance with the Request for Proposal (RFP), and to be bound by the terms and conditions of the RFP.” Said Hilmy, PhD, PE, SE, LEED AP
Contract Administrator
Packet Page. 800

CITY OF SAN BERNARDINO
Professional Design Engineering Services
CITY HALL PARKING STRUCTURE (5 Level)
RFP No. F-25-1039 40

Page 24 of 60 ends

CERTIFICATION OF PROPOSAL
(Required Submittal)
VENDOR NAME: PHONE:

ADDRESS:

RFP F-25-1039

PROFESSIONAL DESIGN ENGINEERING SERVICES FOR CITY HALL PARKING STRUCTURE (5 LEVEL) PROJECT NO. GB26-012
The undersigned hereby certifies that they are legally authorized to submit this proposal and to bind the entity on whose behalf this proposal is submitted.

The undersigned further certifies that the information contained in this proposal is true and correct to the best of their knowledge, and that the proposal is valid for a period of not less than 120 calendar days from the date of submission.
☐ This proposal includes exceptions to the RFP.

If checked, please identify the page number(s) and section(s) where exceptions appear:
☐ This proposal does not include exceptions to the RFP.

CITY OF SAN BERNARDINO
Professional Design Engineering Services
CITY HALL PARKING STRUCTURE (5 Level)
RFP No. F-25-1039 41

Page 23 of 60 ends

PROPOSAL CHECKLIST
(as detailed in Chapter II. Request for Proposals, Section E. of the RFP) # REQUIRED DOCUMENT INCLUDED IN

BID PACKAGE
1 Required - Proposal
Technical Proposal
• Executive Summary (E.1)
• Table of Contents (E.2)
• Identification of Proposer (E.3)
• Staffing Resources (e.g., Assigned Personnel experience) (E.4) • Experience and Technical Competence (E.6)
• Proposed Method to Accomplish the Work (E.7)
• Litigation History (if any) (E.10)
• Other Information (pertinent to proposal) (E.11)
 Completion of other similar projects;
 Community involvement (if any);
 Prior projects, agreements, involvement with the City (if any);  No Conflict-of-Interest statement.
• Certification of Proposal (E.12)
 “The undersigned hereby submits its proposal and, by doing so, agrees to furnish services to the City in accordance with the Request for Proposal (RFP), and to be bound by the terms and conditions of the RFP.”
• Appendices (E.13)
• Statement of “No Deviations from RFP” (F.)
 If proposer does not take any exceptions or deviations from the terms and conditions indicated in the agreement, then the proposer must indicate this information by making a statement within the proposal documents.

Fiscal Stability (E.5)
• Current report from any Commercial Credit Rating Service (e.g. Dunn & Bradstreet);
• Line of credit; or
• Financial Statement.
☐
2 Required - Fee Proposal (E.8) ☐
3 Required - Certificate of Insurance (E.9) ☐
4 Required - Vendor Quote Form ☐
5 Required - Acknowledgement of Insurance Requirements ☐ 6 Required - Applicable Licenses ☐
Submittal Instructions: Electronic PDF file format via Planetbids on the date and time stated in the RFP.

Please allow time for system to process your proposal. The City shall not be responsible for proposals that are not received on time. The City will not be responsible for and will not accept late bids due to slow internet connection, or incomplete transmissions.

Packet Page. 802
40 CITY OF SAN BERNARDINO
Professional Design Engineering Services
CITY HALL PARKING STRUCTURE (5 Level)
RFP No. F-25-1039

APPENDIX
The following is our CONFIDENTIAL FINANCIAL STATEMENTS certified by a CPA.

Packet Page. 803
AMMV Financial Services Inc
Certified Public Accountants
To Management
IDS Group Inc.

Irvine, CA
We have prepared the accompanying statement of assets, liabilities, and equity-income tax basis of IDS Group Inc. as of December 31, 2023 through December 31, 2024 and the related statement ofrevenues, expenses, and retained earnings-income tax basis for the year then ended. We have prepared, not audited, reviewed, or compiled the accompanying.financial statements and, accordingly, do not express an opinion, conclusion or provide any assurance on them. Management is responsible for the accuracy and completeness of the data.

Ashraf -Samir,
�
CPA 02/01/2025
464 E Bonita Ave, Suite 9
San Dimas, CA 91773
Phone: (626) 617-1164
Fax: (909} 632-4343

CONFIDENTIAL
Packet Page. 804
Jan - Dec 24
Ordinary Income/Expense
Income
40000 · Consulting Income 83,606.14
41000 · Design Income
41006 · Preconstruction 24,477.68
41001 · Architectural Engineering 8,276,480.75
41002 · Civil Engineering 2,327,470.09
41003 · Electrical Engineering 1,204,171.91
41004 · Mechanical Engineering 2,096,907.76
41005 · Structural Engineering 2,318,611.22
41000 · Design Income - Other 459.00
Total 41000 · Design Income 16,248,578.41
42500 · Misc Reimbursables Income 7,018.04
43000 · Fee Adjustment -300.00
46500 · Retainer Due -14,590.00
49000 · Write Off & Discounts -623.19
Total Income 16,323,689.40
Cost of Goods Sold
50500 · Direct Labor
50507 · Direct -Employee Benefits 66,522.67
Total 50500 · Direct Labor 66,522.67
50000 · Cost of Goods Sold 131.63
51000 · Subcontracted Services
51007 · Cost Estimating 19,230.80
51006 · Consultants 154,286.39
51005 · Electrical Engineering 5,645.00
51004 · Mechanical Engineering 1,835.00
51001 · Architectural Engineering 549,927.63
51002 · Structural Engineering 147,284.78
51003 · Civil Engineering 317,819.44
51000 · Subcontracted Services - Other 979,205.22
Total 51000 · Subcontracted Services 2,175,234.26
52000 · Supplies (project related) 14,749.77
53000 · Reimbursed Expenses 67,476.32
Total COGS 2,324,114.65
Gross Profit 13,999,574.75
Expense
60940 · Promotion Expense 5,584.25
60780 · Outside Services Expense 4,325.00
60000 · Accounting & Legal 39,824.34
60050 · Alarm & Security 4,106.69
60075 · Amortization Expense 46,455.00
60100 · Automobile Expense 11,732.23
60150 · Bank Service Charges 3,047.16
60200 · Business Licenses and Permits 6,729.05
60225 · Computer/Software Expense 231,210.70
60300 · Continuing Education 3,214.90
60275 · Cleaning & Disposal 18,275.00
60325 · Company Events
60326 · Thanksgiving Event 1,713.15
60327 · Christmas Event 10,199.76
60329 · Others 884.72
60325 · Company Events - Other 1,346.90
Total 60325 · Company Events 14,144.53
60350 · Dues and Subscriptions 12,026.91
10:00 AM IDS Group, Inc.
09/17/25 Profit & Loss
Accrual Basis January through December 2024

Page 1 ends

CONFIDENTIAL
Packet Page. 805
Jan - Dec 24
60375 · Delivery & Shipping 3,456.77
60400 · Depreciation Expense 15,078.00
60450 · Donations and Contributions 30,000.00
60460 · Employee Benefits-Indrect 46,522.60
60500 · Employee Insurance
60501 · Employee Paid -420,361.47
60502 · Company Paid 1,038,311.91
60506 · Dental Insurance Company Paid 122,611.61
60500 · Employee Insurance - Other 13,151.78
Total 60500 · Employee Insurance 753,713.83
60550 · Insurance Expense 244,309.93
60650 · Interest Expense 500.00
60675 · Leased Equipment -Irvine 11,428.89
60750 · Marketing 8,965.85
60775 · Meals & Meetings 3,289.37
60800 · Office Supplies
606804 · Los Angeles Office- Supply 377.06
606902 · Corona Office - Supplies 2,297.07
606952 · Encinitas Office - Supplies 858.67
60800 · Office Supplies - Other 56,878.87
Total 60800 · Office Supplies 60,411.67
60850 · Payroll Expenses - Employees
606803 · Los Angeles Office - Wages 110,700.66
60861 · Mechanical 1,201,542.41
60860 · Electrical 1,040,773.15
60859 · China Lake -Parsons 128.79
60858 · Covid 19 Expense 0.00
60857 · Civil 1,085,029.53
60854 · Architectural 2,562,896.69
60853 · Structure 1,379,642.18
60855 · Officers 418,949.96
60856 · Administration 963,993.80
60850 · Payroll Expenses - Employees - Other 2,384.80
Total 60850 · Payroll Expenses - Employees 8,766,041.97 60880 · Payroll Tax Expense 673,855.94
60900 · Pension Plan Expense 3,825.00
60950 · Property Tax 6,767.14
61000 · Plotting & Printing 10,422.28
61050 · Plan Check Fee 3,450.45
61200 · Repairs and Maintenance 6,598.08
61300 · Recruiting Expense 145,607.96
61400 · Research & Development 237,862.50
61500 · Rent Expense
61503 · Rent - Pasadena Office 23,751.25
606801 · Los Angeles Office - Rent 30,287.59
606901 · Corona Office - Rent 62,392.70
606951 · Encinitas Office - Rent 31,089.70
61501 · Rent - Irvine 500,500.00
61502 · Rent - Civil 64,995.35
61500 · Rent Expense - Other 52,027.06
Total 61500 · Rent Expense 765,043.65
61600 · Saudi Arabia Office/Project Exp 8,731.11
61700 · Tax & License 8,157.04
61800 · Telephone & Internet Expense 20,737.87
61900 · Travel Expense 8,292.58
62100 · Utilities
606802 · Los Angeles Office - Utilities 271.01
606903 · Corona Office -Utilities 1,718.19
606953 · Encinitas Office - Utilities 5,275.48
10:00 AM IDS Group, Inc.
09/17/25 Profit & Loss
Accrual Basis January through December 2024

Page 2 ends

CONFIDENTIAL
Packet Page. 806
Jan - Dec 24
62100 · Utilities - Other 104,305.42
Total 62100 · Utilities 111,570.10
Total Expense 12,355,316.34
Net Ordinary Income 1,644,258.41
Other Income/Expense
Other Income
47000 · Miscellaneous Income 0.00
47500 · Golf Tournament 48,000.00
47600 · Credit card Fees - Golf -1,124.45
Total Other Income 46,875.55
Other Expense
60328 · Golf Tournament Expenses 29,297.28
70000 · Other Expense 3,700.00
Total Other Expense 32,997.28
Net Other Income 13,878.27
Net Income 1,658,136.68
10:00 AM IDS Group, Inc.
09/17/25 Profit & Loss
Accrual Basis January through December 2024

Page 3 ends

CONFIDENTIAL
Packet Page. 807

SOLUTIONS
t h r o u g h i n t e g r a t e d d e s i g n
9 8 0 M o n t e c i t o D r . S u i t e 2 0 5 , C o r o n a , C A 9 2 8 7 9 T : 9 4 9 . 3 8 7 . 8 5 0 0
w w w . i d s g i . c o m
Packet Page. 808
City of San Bernardino
Professional Design Engineering Services

CITY HALL PARKING STRUCTURE
IMPROVEMENTS - Project No. GB26-12
October 20, 2025

COST FILE
Packet Page. 809

Page 25 of 60 ends

VENDOR QUOTE FORM
(Required Submittal)
VENDOR NAME: PHONE:

ADDRESS:

RFP F-25-1039

PROFESSIONAL DESIGN ENGINEERING SERVICES FOR CITY HALL PARKING STRUCTURE (5 LEVEL) PROJECT NO. GB26-012
The undersigned hereby submits the following price quote in response to the above-referenced RFP. Pricing includes all labor, materials, equipment, transportation, and services necessary to perform the work described in the RFP.

ITEM NO. DESCRIPTION QUANTITY UNIT COST
TOTAL
AMOUNT

TOTAL VENDOR QUOTE
Total Number of Additional Pages:

I declare under penalty of perjury that the information provided herein is true and correct.

SUBMITTED BY: DATE: ___________________
(Authorized Representative Signature)
PRINT NAME: TITLE: ___________________
LIC. NO: CLASSIFICATION: DIR REG. NO: _______________
IDS Group, Inc. 949.387.8500 980 Montecito Blvd. Suite 205, Corona, CA 92879 $140,633 3 Said Hilmy, PhD, PE, SE, LEED AP S3680 | C43988 Structural/Civil 1000034536 10/20/2025 Principal 1 Architectural & Engineering Services 1 $116,183 $116,183 2 HAZ MAT Allowance 1 $12,850 $12,850 3 Elevator Consulant Allowance 1 $11,600 $11,600 Packet Page. 810

CITY OF SAN BERNARDINO
Professional Design Engineering Services
CITY HALL PARKING STRUCTURE (5 Level)
RFP No. F-25-1039

FEE PROPOSAL
The following is a Summary of Fees followed by a Detailed Breakdown and Rate Sheet.

Design Disciplines Architecture Landscape
Arch Structural Electrical Mechanical/
Plumbing Civil Precon Subtotal
TASK 1 CONCEPTUAL DESIGN $12,385 $1,425 $3,355 $1,745 $1,625 $1,625 $2,040 $24,200 TASK 2 CONSTRUCTION DESIGN $22,345 $4,205 $10,529 $9,345 $6,083 $16,935 $2,720 $72,162 TASK 3 BID & CONSTRUCTION SUPPORT $10,540 $600 $2,618 $2,520 $1,678 $1,865 $0 $19,821 TOTAL PROPOSAL FEE $45,270 $6,230 $16,502 $13,610 $9,386 $20,425 $4,760 $116,183 Summary of Fees
San Bernardino City Hall Parking Structure Renovation

HAZ-MAT
Allowance Elevator
$8,000 $4,800
$4,500 $6,000
$350 $800
$12,850 $11,600
Addition Support Services
Total
$37,000
$82,662
$20,971
$140,633
Packet Page. 811

CITY OF SAN BERNARDINO
Professional Design Engineering Services
CITY HALL PARKING STRUCTURE (5 Level)
RFP No. F-25-1039
San Bernardino City Hall Parking Structure Renovation
IDS Group
Staff Allocations per Discipline:

Role/Classifications: Hours IDS Fees Associate
Principal Overall PM Architect (RA) CAD Drafting Associate Principal Snr
Landscape
Architect
BIM Designer Principal Senior Proj.

Eng. (SE) BIM Designer Associate
Principal
Senior Proj.

Eng. (PE) CAD Designer AssPr
Hourly Rate: $ 225 $ 215 $ 175 $ 120 Hrs Fees $ 225 $ 150 $ 139 Hrs Fees $ 235 $ 195 $ 139 Hrs Fees $ 225 $ 190 $ 120 Hrs Fees $ TASK 1 CONCEPTUAL DESIGN 130 $24,200 1 24 40 0 $12,385 1 8 0 $1,425 1 16 0 $3,355 1 8 0 $1,745 Submit Basis of Design (BOD), Program
Level Rough Order of Magnitude (ROM)
Cost Estimate, Concept Design
116 $21,400 1 16 40 57 $10,665 1 6 7 $1,125 1 12 13 $2,575 1 8 9 $1,745 Community Engagement/Meeting with
Parking Tenants 4 $860 4 4 $860 0 $0 0 $0 0 $0
Review with the City the Deliverable 10 $1,940 4 4 $860 2 2 $300 4 4 $780 0 $0 TASK 2 CONSTRUCTION DESIGN 490 $72,162 1 20 36 96 $22,345 1 8 20 $4,205 1 20 46 $10,529 1 24 38 $9,345 Submit 60% PS&E to City 182 $26,180 8 16 44 68 $9,800 0 $0 8 20 28 $4,340 8 18 26 $3,680 Submit 90% PS&E to City 230 $33,116 8 16 44 68 $9,800 6 16 22 $3,124 8 20 28 $4,340 8 16 24 $3,440 Plan Review and Final PS&E 78 $12,866 1 4 4 8 17 $2,745 1 2 4 7 $1,081 1 4 6 11 $1,849 1 8 4 13 $2,225 TASK 3 BID & CONSTRUCTION SUPPORT 109 $19,821 0 24 28 4 $10,540 0 4 0 $600 0 12 2 $2,618 0 12 2 $2,520 Pre-Bid Meeting 4 $860 4 4 $860 0 $0 0 $0 0 $0
Pre-Construction Meeting 4 $860 4 4 $860 0 $0 0 $0 0 $0 Construction Progress Meetings 28 $5,280 6 14 20 $3,740 0 $0 4 4 $780 4 4 $760 Punch List 24 $4,660 8 8 $1,720 0 $0 4 4 $780 4 4 $760
Submittal & RFI Review 36 $6,420 2 14 16 $2,880 4 4 $600 4 4 $780 4 4 $760 Record Drawings 13 $1,741 4 4 $480 0 $0 2 2 $278 2 2 $240 TOTAL - Hours 729 2 68 104 100 274 2 16 20 42 2 48 48 98 2 44 40 86 Total Fees $116,183 $45,270 $6,230 $16,502 $13,610
Additional Support Services $24,450
Grand Total $140,633
TOTALArchitecture Landscape Arch Structural Electrical
Subtotal Subtotal Subtotal Subtotal
HAZ-MAT Allowance Topographic Survey Elevator
Senior Proj.

Eng. (SE) BIM Designer Associate
Principal
Senior Proj.

Eng. (PE) CAD Designer Associate Principal Engineer (PE) BIM Designer Associate Principal Engineer (PE) CAD Designer Senior Cost Estimator if required if required $ 195 $ 139 Hrs Fees $ 225 $ 190 $ 120 Hrs Fees $ 225 $ 175 $ 139 Hrs Fees $ 225 $ 175 $ 120 Hrs Fees $ 170 Hrs Fees 16 0 $3,355 1 8 0 $1,745 1 8 0 $1,625 1 8 0 $1,625 12 $2,040 $8,000 $4,800 12 13 $2,575 1 8 9 $1,745 1 8 9 $1,625 1 8 9 $1,625 12 12 $2,040 $ 8,000.00 $ 4,800.00 0 $0 0 $0 0 $0 0 $0 0 $0
4 4 $780 0 $0 0 $0 0 $0 0 $0
20 46 $10,529 1 24 38 $9,345 1 16 22 $6,083 5 30 88 $16,935 16 $2,720 $4,500 $6,000 8 20 28 $4,340 8 18 26 $3,680 0 $0 2 10 40 52 $7,000 8 8 $1,360 8 20 28 $4,340 8 16 24 $3,440 8 18 26 $3,902 2 12 44 58 $7,830 4 4 $680 $ 3,000.00 $ 4,800.00 4 6 11 $1,849 1 8 4 13 $2,225 1 8 4 13 $2,181 1 8 4 13 $2,105 4 4 $680 $ 1,500.00 $ 1,200.00 12 2 $2,618 0 12 2 $2,520 0 8 2 $1,678 1 8 2 $1,865 0 $0 $350 $800 0 $0 0 $0 0 $0 0 $0 0 $0
0 $0 0 $0 0 $0 0 $0 0 $0
4 4 $780 4 4 $760 0 $0 0 $0 0 $0
4 4 $780 4 4 $760 4 4 $700 4 4 $700 0 $0
4 4 $780 4 4 $760 4 4 $700 4 4 $700 0 $0 $ 350.00 $ 800.00 2 2 $278 2 2 $240 2 2 $278 1 2 3 $465 0 $0
48 48 98 2 44 40 86 2 32 24 58 13 84 180 143 44 28
$16,502 $13,610 $9,386 $20,425 $4,760 $12,850 $11,600
Subtotal Subtotal
Structural Electrical Mechanical/ Plumbing Civil Precon Subtotal Subtotal Subtotal
Packet Page. 812

CITY OF SAN BERNARDINO
Professional Design Engineering Services
CITY HALL PARKING STRUCTURE (5 Level)
RFP No. F-25-1039
1 2025 ON-CALL RATES

IDS GROUP
2025 Rate Sheet

ARCHITECTURE ENGINEERING
Title Hourly Rate Title Hourly Rate
Principal $235.00 Principal $235.00
Associate Principal $225.00 Associate Principal $223.00 Senior Project Manager $215.00 Senior Project Manager $215.00 Project Manager $200.00 Project Manager $200.00
Senior Architect (RA) $195.00 Senior Project Engineer (SE) $195.00 Architect (RA) $175.00 Senior Project Engineer (PE) $190.00 Senior Designer $170.00 Engineer (SE) $190.00
Designer $160.00 Engineer (PE) $175.00
Job Captain $140.00 Senior Designer $170.00
BIM Designer $139.00 Designer $160.00
CAD Drafting $120.00 BIM Designer $139.00
Senior Planner $211.00 CAD Drafting $120.00
Planner $175.00 QA/QC Manager $214.00
Sr. Landscape Architect (PLA) $150.00 Senior Office Administration $75.00 Landscape Architect (PLA) $125.00 Administration & Accounting $70.00 QA/QC Manager $214.00
Senior Office Administration $75.00
Administration & Accounting $70.00

SURVEYING PRECONSTRUCTION/COST ESTIMATION
Title Hourly Rate Title Hourly Rate
Two-Person Survey Crew $310.00 Senior Cost Estimator $175.00 Senior Surveyor (In House) $200.00 Cost Estimator $170.00 Lead Surveyor (In House) $110.00
Expenses such as, but not limited to, plan check fees, permits, inspections, testing services, title company fees, special delivery charges, plotting/ presentation boards, maps, aerial photographs, and reprographics/ illustrations that may be required for community or other stakeholder presentations shall be billed to the owner at the Consultant’s direct cost plus 10%.

Packet Page. 813

SOLUTIONS
t h r o u g h i n t e g r a t e d d e s i g n
9 8 0 M o n t e c i t o D r . S u i t e 2 0 5 , C o r o n a , C A 9 2 8 7 9 T : 9 4 9 . 3 8 7 . 8 5 0 0
w w w . i d s g i . c o m
Packet Page. 814
Packet Page. 815

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: December 3, 2025
To: Honorable Mayor and City Council Members
From: Lynn Merrill, Director of Public Works
Azzam Jabsheh, Deputy Director of Public Works/City Engineer Department: Public Works
Subject: Accept Bridge Investment Program (BIP) Planning Grant for the Bridge Rehabilitation Planning Project in the Amount of $676,348 (Wards 2, 4, and 5)
Recommendation:

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

1. Adopt Resolution No. 2025-398 accepting the Bridge Investment Program (BIP) Planning Grant for the Bridge Rehabilitation Planning Project in the amount of $676,348; and

2. Authorize the City Manager or designee to execute the grant agreement and all related documents in the total project amount of $845,435; and

3. Authorize the Director of Finance & Management Services to amend the FY 2025/2026 budget by recognizing $676,348 in federal grant revenue and appropriating the same amount in project expenditures for the Bridge Rehabilitation Planning Project; and

4. Authorize the Director of Finance & Management Services to appropriate $169,087 from the Local Regional Circulation Fund to satisfy the required 20% local match; and

5. Authorize the Director of Finance & Management Services to amend the FY 2025/2026 Capital Improvements Program to add the Bridge Rehabilitation Planning Project in the total amount of $845,435.

Packet Page. 816
City Manager's Comments
This project will provide planning grant support for eleven critical bridges identified by Cal Trans. The City Manager recommends approval.

Executive Summary
The Bridge Investment Program Planning Grant - Bridge Rehabilitation Planning Project will support the City’s planning and feasibility studies for eleven (11) critical bridges identified by Caltrans as being in poor or structurally deficient condition. The Project will evaluate and develop design concepts to improve bridge safety, extend service life, and enhance multimodal access (including bicycle and pedestrian facilities). The total Project cost is $845,435, with a federal share of $676,348 and a local match of $169,087 provided by the City. This planning effort will prepare the City to pursue future federal funding for the design and construction phases of the identified bridge rehabilitations.

Background
The City of San Bernardino’s bridge network includes numerous structures vital to the regional transportation system. Based on recent Caltrans inspection reports, eleven bridges were prioritized for rehabilitation due to deck spalling, sidewalk settlement, railing deterioration, missing joint seals, and scour at piers.

The City applied for and was awarded a Bridge Investment Program (BIP) Planning Grant from the U.S. Department of Transportation (Federal Highway Administration) to conduct feasibility analyses and preliminary engineering for these structures. This grant will enable the City to develop comprehensive planning documents, preliminary scopes of work, and conceptual designs to restore these essential bridges, which serve residents, freight corridors, and historically underserved communities.

Discussion
The proposed planning project will focus on addressing bridge safety, resiliency, and multimodal connectivity. The eleven prioritized bridges are located within Historically Disadvantaged Communities (HDCs) and Areas of Persistent Poverty (APPs), as designated by the USDOT DataHub.

Key activities will include:
• Conduct detailed bridge condition assessments, structural analyses (as needed) and planning-level feasibility evaluations;
• Prepare complete construction plan sets, sealed and certified by a licensed professional engineer, for each of the eleven bridges to support rehabilitation and compliance with FHWA and Caltrans requirements;
• Develop technical specifications and design criteria in full accordance with FHWA and Caltrans Standard Specifications;
• Assemble bidding and contract documents necessary for future advertisement and award of construction contracts;
Packet Page. 817
• Incorporate bicycle and pedestrian accommodations consistent with the City’s Active Transportation Plan;
• Evaluate scour countermeasures for bridges over the Santa Ana River, East Twin Creek, Lytle Creek, and Del Rosa Channel;
• Prepare cost estimates, project schedules, and environmental documentation consistent with federal and state requirements; and
• Conduct public outreach phases to engage community members and key stakeholders throughout project development.

The planning phase will span approximately 18 months, from February 2026 to August 2027, and will be divided into two groups of bridge studies (Bridges 1–6 and 7–11).

Completion of this planning work will position the City to apply for future Bridge Investment Program Construction Grants, which will fund rehabilitation and replacement efforts.

The estimated total cost for the Project is $845,435, which includes Preparing of Plans, Specifications and Estimates (P,S&E). The cost of the local match is $169,087 and will be funded using the Local Regional Circulation Fund. The remaining balance will be covered by cost-reimbursement through the BIP grant. A summary of the total project cost, federal grant award and required local match is outlined below:

Project Total Cost Measure Award Local Match
(BIP) Planning Grant for the
Bridge Rehabilitation Planning $845,435 $676,348 $169,087 2021-2025 Strategic Targets and Goals
This project aligns with Goal No. 3: Improved Quality of Life by enhancing public safety and infrastructure resilience through the rehabilitation of critical bridge structures, supporting safe and reliable mobility for all residents.

Fiscal Impact
There is no General Fund impact associated with this item. The project’s total cost of $845,435 will be funded as follows:

Funding Source Amount Percentage
Federal BIP Grant $676,348 80%
City Local Match (Local Circulation) $169,087 20%
Total $845,435 100%
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

Packet Page. 818

1. Adopt Resolution No 2025-398 accepting the Bridge Investment Program Planning Grant for the Bridge Rehabilitation Planning Project in the amount of $676,348; and

2. Authorize the City Manager or designee to execute a grant agreement and any subsequent amendments with the U.S. Departments of Transportation in the amount of $676,348; and

3. Authorize the Director of Finance & Management Services to amend and appropriate $169,087 from the Local Regional Circulation Fund in expenditures to the Fiscal Year 2025/2026 operating budget to satisfy the 20% match; and

4. Authorize the Director of Finance & Management Services to amend the Fiscal year 2025/2026 Capital Improvements Program to add the Bridge Investment Program Planning grant for the Bridge Rehabilitation Planning project.

Attachments
Attachment 1 Resolution No. 2025-398
Attachment 2 Draft Agreement
Attachment 3 Grant Award Letter
Ward:

Second, Fourth and Fifth Ward.

Synopsis of Previous Council Actions:

None
CC Eric Levitt, City Manager
Packet Page. 819
Resolution No. 2025-398
Resolution 2025-398
December 3, 2025

Page 1 of 4 ends

RESOLUTION NO. 2025-398

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

ACCEPTING THE BRIDGE INVESTMENT PROGRAM
(BIP) PLANNING GRANT FOR THE BRIDGE
REHABILITATION PLANNING PROJECT;

AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO

EXECUTE THE GRANT AGREEMENT AND ALL

RELATED DOCUMENTS IN THE TOTAL PROJECT
AMOUNT OF $845,435; AUTHORIZING THE DIRECTOR

OF FINANCE & MANAGEMENT SERVICES TO AMEND
THE FY 2025-2026 BUDGET BY RECOGNIZING $676,348 IN

FEDERAL GRANT REVENUE AND APPROPRIATING THE
SAME AMOUNT IN PROJECT EXPENDITURES;
AUTHORIZING THE APPROPRIATION OF $169,087

FROM THE LOCAL REGIONAL CIRCULATION FUND AS
THE REQUIRED 20% LOCAL MATCH; AND

AUTHORIZING THE DIRECTOR OF FINANCE &
MANAGEMENT SERVICES TO AMEND THE FY 2025-2026

CAPITAL IMPROVEMENT PROGRAM TO ADD THE

BRIDGE REHABILITATION PLANNING PROJECT IN
THE TOTAL AMOUNT OF $845,435.

WHEREAS, The U.S. Department of Transportation (USDOT), through the Federal Highway Administration (FHWA), established the Bridge Investment Program (BIP) under the Bipartisan Infrastructure Law (BIL) to fund planning and feasibility studies, including the preparation of Plans, Specifications, and Estimates (PS&E) for bridge rehabilitation projects; and WHEREAS, The City submitted a Bridge Investment Program (BIP) Planning Grant application to the United States Department of Transportation and was awarded $676,348 in reimbursable federal funding for the Bridge Rehabilitation Planning Project; and WHEREAS, The City must provide a required 20% local match in the amount of $169,087; and
WHEREAS, The City Council must authorize the execution of the grant agreement and related documents in the total project amount of $845,435, inclusive of the federal grant and required local match; and
WHEREAS, The City must amend the FY 2025-2026 operating budget to recognize the $676,348 in federal grant revenue and appropriate the same amount in project expenditures, and must appropriate the $169,087 local match from the Local Regional Circulation Fund; and WHEREAS, The City must amend the FY 2025-2026 Capital Improvement Program (CIP) to add the Bridge Rehabilitation Planning Project in the total amount of $845,435.

Packet Page. 820
Resolution No. 2025-398
Resolution 2025-398
December 3, 2025

Page 2 of 4 ends

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

SECTION 1. The City Council hereby accepts the Bridge Investment Program (BIP) Planning Grant award in the amount of $676,348.

SECTION 2. The City Manager, or designee, is hereby authorized to execute the grant agreement and all related documents in the total project amount of $845,435.

SECTION 3. The Director of Finance & Management Services is hereby authorized to amend the FY 2025-2026 operating budget by recognizing $676,348 in federal grant revenue and appropriating the same amount in project expenditures for the Bridge Rehabilitation Planning Project.

SECTION 4. The Director of Finance & Management Services is hereby authorized to appropriate $169,087 from the Local Regional Circulation Fund as the required 20% local match.

SECTION 5. The Director of Finance & Management Services is hereby authorized to amend the FY 2025-2026 Capital Improvement Program to add the Bridge Rehabilitation Planning Project in the total amount of $845,435.

SECTION 6. This action is not subject to the California Environmental Quality Act (CEQA) because it can be seen with certainty that there is no possibility the activity may have a significant effect on the environment.

SECTION 7. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held to be invalid, such invalidity shall not affect other provisions or applications of the Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are declared to be severable.

SECTION 8. 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 3rd day of December 2025.

Helen Tran, Mayor
City of San Bernardino
Packet Page. 821
Resolution No. 2025-398
Resolution 2025-398
December 3, 2025

Page 3 of 4 ends

Attest:

Telicia Lopez, CMC, City Clerk
Approved as to form:

Sonia Carvalho, City Attorney
Packet Page. 822
Resolution No. 2025-398
Resolution 2025-398
December 3, 2025

Page 4 of 4 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Telicia Lopez, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2025-398, adopted at a regular meeting held on the 3rd day of December 2025 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this 4th day of December 2025.

Telicia Lopez, CMC, City Clerk
Packet Page. 823
Note: Prior to completing and submitting the [Insert Grant Program Name] Grant Agreement Schedules, please review the Drafting Instructions and Additional Information sheet. Insert the required information as directed in the Red Font brackets.

There should be no edits to the language in Black Font which is required language for this competitive grant program.

FEDERAL HIGHWAY ADMINISTRATION
[BRIDGE INVESTMENT PROGRAM]
SCHEDULES A TO H TO THE GRANT AGREEMENT WITH THE [CITY OF SAN BERNARDINO] FOR THE
[CITY OF SAN BERNARDINO BRIDGE PLANNING GRANT]
Only language marked with an “X” is applicable.
__X__ Schedules A to H of the Federal Highway Administration (FHWA) Grant Agreement
_____ Grant Agreement Amendment [insert amendment number] Packet Page. 824

SCHEDULE A

ADMINISTRATIVE INFORMATION
Only language marked with an “X” is applicable.
__X__ Schedules A to H of the Federal Highway Administration (FHWA) Grant Agreement
_____ Grant Agreement Amendment [insert amendment number]

1. Application.

See GrantSolutions, Schedule E, and section 23.5 of the General Terms and Conditions.

2. Recipient’s Unique Entity Identifier.

See GrantSolutions and section 22.3 of the General Terms and Conditions.

3. Recipient Contact(s).

See GrantSolutions.

4. FHWA Project Contact(s).

See GrantSolutions.

5. Payment System.

Only language marked with an “X” is applicable.

USDOT Payment System:
____ FMIS Current Bill (State DOT Recipient) _X__ DELPHI eInvoicing (non-State DOT Recipient )

6. Office for Subaward and Contract Authorization.

Only language marked with an “X” is applicable.

For a State DOT Recipient:
_____ USDOT Office for Subaward and Contract Authorization: FHWA Division Office
For a non-State DOT Recipient:
__X__ FHWA Office for Subaward and Contract Authorization: FHWA Office of Acquisition and Grants Management
Packet Page. 825

7. Designated Subrecipient.

Only language marked with an “X” is applicable.
__X__ There is no Designated Subrecipient.
_____ The Designated Subrecipient is: [insert the name of the Designated Subrecipient]

8. Progress and Financial Reporting.

Only language marked with an “X” is applicable.
_____ Quarterly __X___ Semiannual _____ Annual
Packet Page. 826

SCHEDULE B

PROJECT ACTIVITIES

1. General Project Description.

All Project description changes from the application must be documented in Schedule E.

See the application in GrantSolutions.

2. Statement of Work.

All changes to the statement of work (scope) from the application must be documented in Schedule E. This includes changes to the Project development phases and/or Project components described in the grant application. See the application in GrantSolutions.

Packet Page. 827

SCHEDULE C

AWARD DATES AND PROJECT SCHEDULE
Only language marked with an “X” is applicable.
__X__ Schedules A to H of the Federal Highway Administration (FHWA) Grant Agreement
_____ Grant Agreement Amendment [insert amendment number]

1. Award Dates.

Budget Period End Date:

The budget period identifies the period of time from the start date of a funded portion of the award to the end date of that funded portion when eligible costs can be incurred (work performed) on a project for reimbursement with Grant funds under this agreement (2 CFR 200.1). See the Drafting Instructions and Additional Information sheet for more details.

Only language marked with an “X” is applicable.
__X__ Federal Obligation Type is Single. Budget Period End Date: [insert month, date, and year].
_____ Federal Obligation Type is Multiple. See Table.

Fund Obligation Budget Period Start Date Budget Period End Date
First Fund Obligation [list project development phases
using grant funds]
Effective Date of Grant
Agreement
[insert month, date,
and year]
Second Fund Obligation [list project development
phases using grant funds]
Effective Date of Grant
Agreement Amendment
[insert month, date,
and year]
Period of Performance End Date: [insert month, date, and year]. Also see FMIS.

The period of performance means the interval between the start and end date of a Federal award. 2 C.F.R. 200.1. See the Drafting Instructions and Additional Information sheet for more details.

2. Estimated Project Schedule.

All changes to the Project schedule in the application must be documented in Schedule E.

See the Drafting Instructions and Additional Information sheet for more details.

Packet Page. 828
Only language marked with an “X” in the table is applicable.

Selection Grant Type Milestone Date
Capital/Construction Planned Substantial Completion and Open to Traffic Date:
[insert month and
year]
X Planning Planned Project Completion Date: [insert month and year]
Non-Construction Planned Project Completion Date: [insert month and year]

3. Special Milestone Deadlines.

If the additional critical dates include railroad coordination agreements that need to be executed for this Project, add a milestone for each agreement, prefixed with “Railroad Coordination Agreement:” See section 21.6 of the General Terms and Conditions.

Milestone Deadline Date
NEPA Completion Date [insert month and year]
[insert milestone] [insert month and year]
Packet Page. 829

SCHEDULE D

AWARD AND PROJECT FINANCIAL INFORMATION
Only language marked with an “X” is applicable.
__X__ Schedules A to H of the Federal Highway Administration (FHWA) Grant Agreement
_____ Grant Agreement Amendment [insert amendment number]

1. Award Amount.

Grant Amount: $[ 676,348]

2. Federal Obligation Information.

Only language marked with an “X” is applicable.
__X__ Under this grant agreement, the Federal Obligation Type is Single and all of the grant funds will be obligated in one obligation.
_____ Under this grant agreement the Federal Obligation Type is Multiple and the grant funds will be obligated as identified in the Fund Obligation Table in accordance with section 4.2 of the General Terms and Conditions.

If there are more than two fund obligations, add as many rows as needed.

Fund Obligation Table
Portion of the Project Portion of the Grant
Amount
First Fund Obligation [$XXX]
Second Fund Obligation [$XXX]

3. Approved Project Budget.

Only language marked with an “X” is applicable.
_____ The Recipient is a State DOT and the Approved Project Budget is in FMIS. Also see schedule E for changes to the Project budget described in the application. __X__ The Recipient is a non-State DOT and the Approved Project Budget is in the Eligible Project Costs table below.

If there is only a single Project component, use only the total column and remove other columns. If there are more than two Project components, add columns.

Packet Page. 830
Eligible Project Costs
[Project
Component 1]
[Project
Component 2] Total
Grant Funds: [ $XXX ] [ $XXX ] [ $676,348]
Other Federal Funds: [ $XXX ] [ $XXX ] [ $XXX ]
State Funds: [ $XXX ] [ $XXX ] [ $XXX ]
Local Funds: [ $XXX ] [ $XXX ] [ $XXX ]
In-Kind Match: [ $XXX ] [ $XXX ] [ $169,087 ]
Other Funds: [ $XXX ] [ $XXX ] [ $XXX ]
Total: [ $XXX ] [ $XXX ] [ $845,435]

4. Approved Pre-award Costs
Only language marked with an “X” is applicable.
__X__ None. The FHWA has not approved under this award any costs incurred under an advanced construction authorization (23 U.S.C. 115), any costs incurred prior to authorization (23 C.F.R. 1.9(b)), or any pre-award costs under 2 C.F.R. 200.458. _____ Yes. The FHWA authorized advance construction. See FMIS. _____ Yes. On [insert month, date, and year], [Recipient] sent a written request to the FHWA for pre-award approval under 2 C.F.R. 200.458 for costs to [insert activity]. The pre-award approval request would allow the Recipient to [describe the reason for preaward authority]. [Recipient] requested pre-award approval for $XXX in [insert grant program name] Grant funds or non-Federal funds for match.

The FHWA Office of Acquisition and Grants Management determined that the pre-award costs were incurred directly pursuant to the negotiation and in anticipation of the Federal award and were necessary for efficient and timely performance of the scope of work.

That office issued a notice to proceed with pre-award costs on [insert month, date, and year].

5. General Terms and Conditions.
(a) In this agreement, “General Terms and Conditions” means the content of the document titled “Federal Highway Administration Competitive Grant Program General Terms and Conditions” dated April 22, 2025, which is available at https://www.fhwa.dot.gov/pgc/.

The General Terms and Conditions reference the information contained in the schedules A - H to this agreement. The General Terms and Conditions are part of this agreement. (b) The Recipient states that it has knowledge of the General Terms and Conditions. (c) The Recipient acknowledges that the General Terms and Conditions impose legally binding terms on the Recipient and that the Recipient’s non-compliance with the General Terms and Conditions may result in remedial action which may include but is not limited Packet Page. 831
to terminating the Grant under this grant agreement, disallowing costs incurred for the Project, requiring the Recipient to refund to the FHWA the Grant under this grant agreement, and reporting the non-compliance in the Federal-government-wide integrity and performance system.

6. Special Terms and Conditions.

Only language marked with an “X” is applicable.
__X__ There are no special terms and conditions.
_____ There are special terms and conditions for this Grant. For each condition, identify the special term title and insert the special term text. Repeat and modify as needed. [Special Term Title].
[special term text]

7. Information Contained in the Federal Award
Notice of Funding Opportunity (NOFO): [NOFO 693JJ324NF00006 and date published on Grants.gov Feb 16, 2024 12:43:56 PM EST]
Assistance Listings Number (ALN): [20.205 -- Highway Planning and Construction]
Packet Page. 832

SCHEDULE E

PROJECT CHANGES
Only language marked with an “X” is applicable.
__X__ No Changes from Application: If this option is selected, then only complete section 1 of schedule E.
_____ Changes From Application: The purpose of this section is to clearly and accurately document the changes in scope, schedule, and budget to establish the parties’ knowledge and acceptance of the changes.
_____ Grant Agreement Amendment [insert amendment number]: The purpose of this section is to clearly and accurately document the changes in scope, schedule, and budget to establish the parties’ knowledge and acceptance of the changes.

1. Federal Award Description: Refer to the [insert full application title as it appears on the SF 424] grant application submitted on [insert month, date, and year from Box 3 of the SF-424] which is incorporated by reference to the grant agreement.

2. Project Changes
Scope: (see Drafting Instructions and Additional Information sheet for how to document scope changes):

Schedule: (see Drafting Instructions and Additional Information sheet for how to document schedule changes):

The table below compares the Project milestone dates.

Only language marked with an “X” in the table is applicable.

Selection Grant Type Milestone Application Agreement Amendment [insert
number]
Capital/
Construction
Planned Substantial
Completion and
Open to Traffic Date:
[insert month
and year]
[insert month
and year]
[insert month
and year]
Planning Planned Project
Completion Date:
[insert month
and year]
[insert month
and year]
[insert month
and year]
Non-Construction Planned Project
Completion Date:
[insert month
and year]
[insert month
and year]
[insert month
and year]
Budget: (see Drafting Instructions and Additional Information sheet for how to document budget changes):

Packet Page. 833
The table below provides a summary comparison of the Project budget.

Application Agreement Amendment [insert number]
Fund Source $ % $ %
Previously Incurred Costs
Federal Funds
Non-Federal Funds
Total Previously Incurred
Costs
Future Eligible Project
Costs
Grant Funds
Other Federal Funds
Non-Federal Funds
Total Future Eligible Project
Costs
Total Project Costs
Other: (see Drafting Instructions and Additional Information sheet for how to document other changes):

Packet Page. 834

SCHEDULE F

GRANT PROGRAM DESIGNATIONS

1. Urban or Rural Designation
Only language marked with an “X” is applicable.
_____ Not Applicable ___X__ Urban _____ Rural

2. Funding Source.

Only language marked with an “X” is applicable.
_____ Highway Trust Fund _____ General Funds
___X__ Multiple Fund Sources (see table below)
Fiscal Year Fund Source Amount
FY25/26 – FY26/27 Grant Funds $676,348
FY25/26 – FY26/27 General Funds $169,087

3. Security Risk Designation.

Security Risk Designation: [Low] [Elevated] designated in accordance with section 17.1 of the General Terms and Conditions.

4. Project Designation.

Designation: [Planning]

5. Funding Act.
[enter grant program authorizing statute]
[enter grant program appropriation statute(s)]

6. Funds Obligation.
[enter fund obligation deadline(s) for each funding source and year of funds, if applicable, or enter “Available until expended”]

7. Cancellation Date.

Packet Page. 835
[enter fund obligation deadline(s) for each funding source and year of funds, if applicable, or enter “Available until expended”]
Packet Page. 836

SCHEDULE G

GRANT PERFORMANCE MEASUREMENT INFORMATION
Only language marked with an “X” is applicable.
__X__ Schedules A to H of the Federal Highway Administration (FHWA) Grant Agreement
_____ Grant Agreement Amendment [insert amendment number] Study Area: The study area covers eleven (11) City-owned bridges within the City of San Bernardino included in the Bridge Investment Program (BIP) Planning Grant-Bridge Rehabilitation Planning Project. Baseline data will be collected for each structure spanning major waterways and key transportation and rail corridors, including the Santa Ana River, East Twin Creek, Lytle Creek, Del Rosa Channel, and Twin Warm Creek. These data will form the basis for the performance measures identified in this schedule and will be reported in accordance with Article 8 of the FHWA General Terms and Conditions dated April 22, 2025.

Baseline Measurement Date: February 2026
Baseline Report Date: April 2026
Table 1: Performance Measure Table
Measure Category and Description Measurement Frequency
Completion of
bridge condition
assessments and
structural analyses
Category: Project Outputs
Description: Number of bridges evaluated through detailed condition assessments and structural analyses to establish baseline conditions for future rehabilitation.

Quarterly
Development of
Plans,
Specifications and
Estimates (PS&E)
packages
Category: Engineering Deliverables
Description: Number of bridges with completed PS&E
packages and supporting technical specifications prepared in accordance with Caltrans and FHWA standards.

Quarterly
Incorporation of
multimodal design
features
Category: Mobility & Accessibility
Description: Percentage of bridge designs incorporating bicycle and pedestrian accommodations consistent with the City’s Active Transportation Plan.

Semi-Annual
Preparation of cost
estimates, project
schedules, and
environmental
documentation
Category: Project Readiness
Description: Completion of bridge-level construction plans (PS&E), planning-level cost estimates, project schedules, and environmental documentation necessary to advance the project to construction funding and implementation.

Quarterly
Packet Page. 837
Measure Category and Description Measurement Frequency
Community and
stakeholder
engagement
Category: Public Involvement
Description: Number of public outreach meetings and
stakeholder coordination sessions conducted throughout the planning phase.

Semi-Annual
Packet Page. 838

SCHEDULE H

LABOR AND WORK

1. Efforts to Support Good-Paying Jobs and Strong Labor Standards The Recipient states that rows marked with “X” in the following table are accurate:

The Recipient or a project partner promotes robust job creation by supporting good-paying jobs directly related to the project with free and fair choice to join a union. (Describe robust job creation and identify the good-paying jobs in the supporting narrative below.)
The Recipient or a project partner will invest in high-quality workforce training programs such as registered apprenticeship programs to recruit, train, and retain skilled workers, and implement policies such as targeted hiring preferences. (Describe the training programs in the supporting narrative below.)
The Recipient or a project partner will partner with high-quality workforce development programs with supportive services to help train, place, and retain workers in good-paying jobs or registered apprenticeships including through the use of local and economic hiring preferences, linkage agreements with workforce programs, and proactive plans to prevent harassment. (Describe the supportive services provided to trainees and employees, preferences, and policies in the supporting narrative below.)
The Recipient or a project partner will partner and engage with local unions or other worker-based organizations in the development and lifecycle of the project, including through evidence of project labor agreements and/or community benefit agreements. (Describe the partnership or engagement with unions and/or other worker-based organizations and agreements in the supporting narrative below.)
The Recipient or a project partner will partner with communities or community groups to develop workforce strategies. (Describe the partnership and workforce strategies in the supporting narrative below.) X
The Recipient or a project partner has taken other actions related to the Project to create good-paying jobs with the free and fair choice to join a union and incorporate strong labor standards. (Describe those actions in the supporting narrative below.)
The Recipient or a project partner has not yet taken actions related to the Project to create good-paying jobs with the free and fair choice to join a union and incorporate strong labor standards but, before beginning construction of the Project, will take relevant actions described in schedule E. (Identify the relevant actions from schedule E in the supporting narrative below. See the Drafting Instructions and Additional Information sheet for more information.) Packet Page. 839
The Recipient or a project partner has not taken actions related to the Project to improve good-paying jobs and strong labor standards and will not take those actions under this award.

2. Supporting Narrative.

The City of San Bernardino will implement the Bridge Investment Program Planning Grant through professional engineering and consulting services procured in accordance with all applicable federal and state contracting requirements. All consulting firms engaged under this grant will comply with relevant labor laws and standards, including the Fair Labor Standards Act and California’s Prevailing Wage Law, as applicable to publicly funded projects.

The City’s procurement procedures ensure equal employment opportunity and encourage participation of small, minority- and women-owned businesses in a manner consistent with federal nondiscrimination requirements. In compliance with the U.S. Department of Transportation (DBE) Interim Final Rule issued October 3, 2025, the City will temporarily suspend numerical DBE goals in solicitations and agreements until new DBE certification and goal-setting procedures are issued by Caltrans and USDOT.

All professional services agreements will include clauses addressing worker protections, nondiscrimination, and fair compensation. Although this planning phase does not include construction activities, the City will apply these same labor and inclusion standards to all subsequent bridge rehabilitation construction projects developed from this planning effort.

Packet Page. 840
From: Dam, Tay (FHWA) <[email protected]>
Sent: Tuesday, December 10, 2024 11:55 AM
To: Gabriel Bravo <[email protected]>
Cc: Gilbert Mosqueda <[email protected]>; Pangilinan, Peter (FHWA) <[email protected]>; [email protected]; Bianchi, Andrew (FHWA) <[email protected]>; Martin-Yambo, Zylkia (FHWA) <Zylkia.Martin[email protected]>; Dam, Tay (FHWA) <[email protected]> Subject: RE: Bridge Investment Program Award - City of San Bernardino Hello Gabriel,
CONGRATULATIONS TO YOUR CITY FOR GETTING THIS BIP AWARD.

I will be the POC for this project. Please see attached email for additional information and guidelines.

Also let me know when we can have the “Kick-Off” meeting with both Caltrans and your Agency. Thanks.

Tay H. Dam
Sr. Transportation Engineer Districts 9, 11, 12
FHWA – California Division
Cal South - Project Delivery Team
888 South Figueroa St., Suite 440
Los Angeles, California 90017
Office: (213) 894-5918
Fax: (213) 894-6185
Packet Page. 841
E-mail: [email protected]
Packet Page. 842

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: December 3, 2025
To: Honorable Mayor and City Council Members
From: Lynn Merrill, Director of Public Works
Department: Public Works
Subject: Approve Amendment No. 1 to the Maintenance
Services Agreement with West Coast Arborists, Inc. for
Citywide Tree Maintenance Services (All Wards)
Recommendation:

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

1. Approve Amendment No. 1 to the Maintenance Services Agreement with West Coast Arborists, Inc. to extend the term of the agreement from June 30, 2025, to June 30, 2026; and to update the not-to-exceed amount to $6,134,604.90, in order to reflect total cumulative spending and anticipated needs for the full contract term, consistent with the compensation provisions of the Original Agreement; and

2. Authorize the City Manager to execute all documents necessary to increase the contract amount by the council approved one-time allocation of $500,000 for tree stump removals; and

3. Authorize the City Manager to execute all related documents necessary to effectuate these amendments.

4. Authorize the Interim Director of Finance and Management Services to issue a purchase order for West Coast Arborists for $1,700,000.00 for fiscal year 2025- 2026.

Executive Summary
Public Works seeks approval to amend the existing Maintenance Services Agreement with West Coast Arborists, Inc. to extend the term through June 30, 2026, and to update the total not-to-exceed amount to $6,134,604.90. This revision aligns the contract value Packet Page. 843
with actual expenditures to date and the remaining authority needed for the full agreement term, including the initial award, all option years, and the final one-year extension with the one-time allocation for dead and hazardous tree removals. No changes are proposed to the scope, terms, or pricing, and no additional fiscal impact is anticipated, as funding for these services is already included in the current and future Operations and Maintenance budget.

City Manager’s Comments
The City Manager recommends approval.

Background
On July 1, 2020, the City Council approved an agreement with West Coast Arborists, Inc. for Citywide Tree Maintenance Services following a competitive public process. The original agreement established a not-to-exceed amount of $1,200,000 and an initial term through June 30, 2023, with three additional one-year renewal options. West Coast Arborists provides comprehensive services for the maintenance of approximately 75,000 trees located throughout the City’s rights-of-way, medians, parks, and Landscape Maintenance Districts. These services include grid pruning, trimming, removals, planting, and emergency response, as well as the use of an advanced tree inventory system that supports data-driven maintenance planning.

Since the initial award, expenditures under the West Coast Arborists agreement have steadily reflected the ongoing demand for citywide tree maintenance. From FY 2021 through FY 2025, the City has issued purchase orders and incurred costs totaling $4,434,604.90, with annual spending of $865,090.50 in FY 2021, $925,515.54 in FY 2022, $842,599.10 in FY 2023, $828,058.76 in FY 2024, and $973,341.00 to date in FY 2025.

Please see the chart below for the breakdown of previous fiscal year’s purchase order:

Discussion
The proposed amendment is administrative in nature and ensures continuation of the City’s existing citywide tree maintenance services without interruption. Amendment No. 1 extends the agreement through June 30, 2026, and revises the total not-to-exceed FY 2021: $865,090.50
FY 2022: $925,515.54
FY 2023: $842,599.10
FY 2024: $828,058.76
FY 2025: $973,341.00
Total to date: $4,434,604.90
FY 2026 $1,700,000.00
Total NTE $6,134,604.90
West Coast Purchase Orders
Packet Page. 844
amount to $6,134,604.90, which reflects all expenditures to date and the remaining authority needed to complete the full contract term, including the initial award, all option years, and the final one-year extension. This total incorporates the City’s projected FY 2025–26 needs, consisting of the original $1.2 million in annual maintenance funding and the one-time $500,000 allocation approved by the Council for dead and hazardous tree removals. The amendment aligns the cumulative contract value with actual spending and anticipated service levels under the compensation provisions of the original agreement, and it makes no changes to the established scope, terms, or pricing.

Tree maintenance is a critical ongoing service that preserves public safety, sustains the City’s urban canopy, and supports the overall quality of life in San Bernardino. West Coast Arborists continues to perform these services in a cost-effective and professional manner, meeting the City’s standards for quality and responsiveness. 2021-2025 Strategic Targets and Goals
This project is consistent with several goals and targets. It is aligned with Strategic Goal No. 3c: Constantly evaluate public safety service delivery models to enhance the quality of service, and Strategic Goal No. 3d: Improve the City appearance, cleanliness, and attractiveness. Approval of this amendment will ensure the continuation of essential maintenance services that enhance the health, safety, and appearance of the community.

Fiscal Impact
There is no fiscal impact associated with this amendment. Sufficient funds are included in the FY 2025/26 Operations and Maintenance budget. In future years funding will be programed into each fiscal year budget in order to support these tree services.

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

2. Authorize the City Manager to execute all documents necessary to increase the contract amount by the council approved one-time allocation of $500,000 for tree stump removals; and

3. Authorize the City Manager to execute all related documents necessary to effectuate these amendments.

Packet Page. 845

4. Authorize the Interim Director of Finance and Management Services to issue a purchase order for West Coast Arborists for $1,700,000.00 for fiscal year 2025- 2026.

Attachments
Attachment 1 Amendment No. 1 to the West Coast Arborists Citywide Tree Maintenance Services Agreement
Attachment 2 West Coast Arborists Citywide Tree Maintenance Services Extension Letter
Attachment 3 Annotated Agenda June 4, 2025 Allocation of One-Time funds from Unassigned Fund Balance to Professional Contractual Services Half Million for Removal Dead Trees.

Ward:

All Wards
Synopsis of Previous Council Actions:

July 1, 2020 – City Council approved Resolution No. 2020-154 awarding a Maintenance Services Contract with West Coast Arborists, Inc. for Citywide Tree Maintenance Services.

Packet Page. 846
-1-
AMENDMENT NO. 1 TO

CITYWIDE TREE MAINTENANCE SERVICES AGREEMENT
WITH WEST COAST ABORISTS, INC.

This Amendment No. 1 to the Citywide Tree Maintenance Services Agreement for is made and entered into as of December 3, 2025 (“Effective Date”) by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and West Coast Arborists, Inc., a California Corporation (“Contractor”). City and Contractor are sometimes referred to herein individually as a “Party” and collectively as “Parties.”

RECITALS
A. WHEREAS, the City and the Contractor have entered into an agreement, dated July 1, 2020 for the purpose of providing Citywide Tree Maintenance Services (the “Original Agreement”).

B. WHEREAS, the Parties now desire to amend the Original Agreement to extend the term of the agreement through June 30, 2026, and to update the not-to-exceed amount to Six Million One Hundred Thirty-Four Thousand Six Hundred Four Dollars and Ninety Cents ($6,134,604.90), clarifying that the total contract value represents the cumulative amount for the full term, including the initial term, all option years, and the one-time allocation of $500,000, in accordance with the compensation provisions of the Original Agreement.

NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 1 and the Original 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 Original Agreement shall be extended for an additional term of one year through June 30th, 2026, unless earlier terminated.

3. Compensation. The compensation for services performed pursuant to this Amendment No. 1 shall not exceed Six Million One Hundred Thirty-Four Thousand Six Hundred Four Dollars and Ninety Cents ($6,134,604.90), thereby updating the total notto-exceed compensation of the Original Agreement from One Million Two Hundred Thousand Dollars ($1,200,000) to Six Million One Hundred Thirty-Four Thousand Six Hundred Four Dollars and Ninety Cents ($6,134,604.90). This amount includes an increase of Five Hundred Thousand Dollars ($500,000) for the FY 2025–26 purchase order to support one-time dead and hazardous tree removals. All work shall continue to be performed at the rates set forth in the Original Agreement.

Packet Page. 847
-2-

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

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

6. Counterparts. This Amendment No. 1 may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
Packet Page. 848
-2-
Packet Page. 849
-3-

SIGNATURE PAGE FOR
AMENDMENT NO. 1 TO THE MAINTENANCE SERVICES AGREEMENT
WITH WEST COAST ABORISTS, INC.

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

CITY OF SAN BERNARDINO
APPROVED BY:

Eric Levitt
City Manager
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

CONTRACTOR
WEST COAST ABORISTS, INC.

Patrick Mahoney
President
Packet Page. 850
Docusign Envelope ID: B1B40035-EB71-4004-B1A3-DBC99F8DCA73 Victor Gonzalez
X
8/5/2025
Packet Page. 851

CITY OF SAN BERNARDINO

ANNOTATED AGENDA

FOR THE

REGULAR MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO,

MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE

REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR

HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO

ACTING AS THE HOUSING AUTHORITY AND, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE

SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY
WEDNESDAY, June 4, 2025
4:00 PM - CLOSED SESSION 5:00 PM - OPEN SESSION
FELDHEYM CENTRAL LIBRARY • SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG Theodore Sanchez Helen Tran Dr. Treasure Ortiz
COUNCIL MEMBER, WARD 1 MAYOR COUNCIL MEMBER, WARD 7
Sandra Ibarra Bill Gallardo
COUNCIL MEMBER, WARD 2 INTERIM CITY MANAGER
Juan Figueroa Sonia Carvalho
MAYOR PRO-TEM, WARD 3 CITY ATTORNEY
Fred Shorett Telicia Lopez
COUNCIL MEMBER, WARD 4 ACTING CITY CLERK
Kim Knaus
COUNCIL MEMBER, WARD 5
Mario Flores
COUNCIL MEMBER, WARD 6
Packet Page. 852
City of San Bernardino
201 North E Street
San Bernardino, CA 92401
http://www.sbcity.org
Annotated Agenda

FOR THE

REGULAR MEETING OF THE MAYOR AND CITY COUNCIL

OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS

THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN

BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND

CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND MAYOR AND CITY

COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING

AUTHORITY
WEDNESDAY, JUNE 4, 2025
4:00 PM
The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 4:00 PM by Mayor Helen Tran on Wednesday, June 4, 2025 at Feldheym Central Library, San Bernardino, CA.

CALL TO ORDER
Attendee Name Title Status Arrived
Theodore Sanchez Council Member, Ward 1 Present
Sandra Ibarra Council Member, Ward 2 Present
Juan Figueroa Mayor Pro-Tem, Ward 3 Present
Fred Shorett Council Member, Ward 4 Present
Kimberly Knaus Council Member, Ward 5 Late 4:04 pm
Mario Flores Council Member, Ward 6 Present
Treasure Ortiz Council Member, Ward 7 Present
Helen Tran Mayor Present
Bill Gallardo Interim City Manager Present
Albert Maldonado Assistant City Attorney Present
Telicia Lopez Acting City Clerk Present
Perla Lopez Acting Chief Deputy City Clerk Present
Mayor Helen Tran
Council Members
Theodore Sanchez
Sandra Ibarra
Juan Figueroa
Fred Shorett
Kim Knaus
Mario Flores
Dr. Treasure Ortiz
Packet Page. 853
Regular Meeting Annotated Agenda June 4, 2025
Mayor and City Council of the City of San Bernardino Page 2 4:00 P.M.

CLOSED SESSION PUBLIC COMMENT
At this time, Closed Session public comments were heard.

CLOSED SESSION
A) PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code Section 54957) Title: City Manager
B) CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6):
i) Agency Designated Representative: City Manager or Designee Employee Organization: General Unit – Teamsters Local 1932, Management Confidential Group – SBCMA, Mid Management Unit – Teamsters Local 1932, Police Dispatch Unit – SBPDA, San Bernardino Police Civilian Association – AFSCME Local 4710, Police Management Unit – PMA and Police Safety Unit – SBPOA
ii) Agency Designated Representative: City Attorney or other Mayor and City Council Designee.

Unrepresented Employee: City Manager
5:00 PM
The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 5:04 p.m. by Mayor Helen Tran on Wednesday, June 5, 2025, at Feldheym Central Library, San Bernardino, CA.

Attendee Name Title Status Arrived
Theodore Sanchez Council Member, Ward 1 Present
Sandra Ibarra Council Member, Ward 2 Present
Juan Figueroa Mayor Pro-Tem, Ward 3 Present
Fred Shorett Council Member, Ward 4 Present
Kim Knaus Council Member, Ward 5 Present
Mario Flores Council Member, Ward 6 Present
Dr. Treasure Ortiz Council Member, Ward 7 Present
Helen Tran Mayor Present
Bill Gallardo Interim City Manager Present
Albert Maldonado Assistant City Attorney Present
Telicia Lopez Acting City Clerk Present
Perla Lopez Acting Chief Deputy City Clerk Present
Packet Page. 854
Regular Meeting Annotated Agenda June 4, 2025
Mayor and City Council of the City of San Bernardino Page 3

INVOCATION AND PLEDGE OF ALLEGIANCE
Pastor Clyde A. Stewart from Westside Worship Center led the invocation. Council Member Theodore Sanchez led the Pledge of Allegiance to the Flag.

CLOSED SESSION REPORT
Assistant City Attorney Albert Maldonado announced that Item A had reportable action.

The appointment of Eric Levitt as the new City Manager. The motion was made by Council Member Knaus and seconded by Council Member Sanchez, passed 7-1 with Council Member Ortiz voting in opposition. Additionally, during the Open Session, Interim City Manager would present the City Manager agreement and announce the economic terms.

PRESENTATIONS

1. Proclamation for Pride Month in the City of San Bernardino – June 2025 (All Wards)
The Mayor and City Council presented the proclamation to Director Micah Tasaka from the Wellness Center for the Rainbow Pride Youth Alliance.

At this time Mayor Tran reordered the agenda, hearing Consent Calendar item nos. 6 through 16 before the Public Hearing items.

PUBLIC COMMENTS FOR CONSENT CALENDAR ITEMS 6 THOUGH 16
There were no public comments.

Prior to hearing the Consent Calendar, Interim City Manager Gallardo announced that staff would be pulling item no. 7 for a separate vote.

CONSENT CALENDAR
Items on the Consent Calendar are considered routine and are voted on in a single motion unless a council or staff member has pulled the item for more discussion.

RESULT: APPROVED THE CONSENT CALENDAR AND PULLED ITEM
NOS. 7 FOR A SEPARATE VOTE AND 13 FOR FURTHER
DISCUSSION [7-0]
MOVER: Treasure Ortiz, Council Member, Ward 7
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None
Packet Page. 855
Regular Meeting Annotated Agenda June 4, 2025
Mayor and City Council of the City of San Bernardino Page 4

6. Approval of Various Mayor and City Council Meeting Minutes (All Wards) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the meeting minutes for the following dates:

1. November 20, 2024 Regular Meeting Minutes

2. December 4, 2024 Special Meeting Minutes

3. December 18, 2024 Regular Meeting Minutes

4. December 18, 2024 Special Meeting Minutes
RESULT: APPROVE STAFF’S RECOMMENDATION [7-0]
MOVER: Treasure Ortiz, Council Member, Ward 7
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

7. Rescind and Reapprove the Award of a Construction Agreement to Matich Corporation for the Pavement Rehabilitation at Fourteen Locations in the amount of $4,750,755.00 (Project No. SS25004) (All Wards) Recommendation:

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

1. Rescind the approval of the Construction Agreement awarded to Matich Corporation on May 7, 2025, in the of $4,750,755.00 for the Pavement Rehabilitation at Fourteen Locations (Project); and

2. Approve the award of the Construction Agreement awarded to Matich Corporation, in the of $4,750,755.00 for the Pavement Rehabilitation at Fourteen Locations (Project); and

3. Authorize the project construction, construction contingencies, construction management, staff administrative costs, and independent soil and pavement testing, in the total amount of $1,500,000 for construction of the project; and

4. Authorize the City Manager or designee to execute all documents with Matich Corporation; and

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

At this time Council Member Ortiz announced she would recuse herself from voting on this item, due to a street being repaved near her residence.

Packet Page. 856
Regular Meeting Annotated Agenda June 4, 2025
Mayor and City Council of the City of San Bernardino Page 5 RESULT: APPROVE STAFF’S RECOMMENDATION [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Mario Flores, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz RECUSAL: Treasure Ortiz

8. Approve a Vendor Services Agreement (VSA) with Sehi Computer Products in an amount not to exceed $132,352.35, to expand fiber optic capabilities at the City of San Bernardino Police Department (All Wards) Recommendation:

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

1. Authorize the City Manager to execute a Professional Services Agreement with Sehi Computer Products for the procurement of fiber optic hardware and installation services;

2. Authorize the Director of Finance & Management Services, or their designee, to issue a purchase order to Sehi Computer Products in an amount not to exceed $132,352.35.

9. Approve a Goods Purchase Agreement with Ingram Library Services, LLC for the purchase of books in an amount not to exceed $175,000 (All Wards)
Recommendation:

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

1. Authorize the City Manager to execute the Goods Purchase Agreement with Ingram Library Services, LLC, through June 30, 2027, for the purchase of Library books; and

2. Authorize the Interim Director of Finance and Management Services to approve an annual purchase order for an amount not to exceed $175,000 per fiscal year.

RESULT: APPROVE STAFF’S RECOMMENDATION [7-0]
MOVER: Treasure Ortiz, Council Member, Ward 7
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None
Packet Page. 857
Regular Meeting Annotated Agenda June 4, 2025
Mayor and City Council of the City of San Bernardino Page 6

10. Adopt Resolution and Budget Amendment FY 24/25, Recreation and Community Services for the Sponsorship of the 2025 Lunar New Year ($5,320.00) in Revenue and Expense budget allocations (All Wards) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025302 authorizing the Director of Finance and Management Services to amend the FY2024/25 budget in revenue and expenditures by $5,320 for the sponsorship payments received to support the Lunar New Year Event.

RESULT: ADOPTED RESOLUTION NO. 2025-302 [7-0]
MOVER: Treasure Ortiz, Council Member, Ward 7
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

11.Adopt Resolution Authorizing the City Manager to execute a contract with the County of San Bernardino for the acceptance of funds toward 75% of the purchase of Unmanned Aerial Systems for a Drone First Responder Program (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025303, authorizing:

1. The City Manager to execute a contract with the County of San Bernardino for the acceptance of $562,500 from the County Board of Supervisors, for the purchase of 75% of Unmanned Aerial Systems and equipment for a Drone First Responder Program.

2. The Director of Finance and Management Services to amend the FY 2025/26 operating budget for the amount of $562,500 in both revenue and expenditures.

RESULT: ADOPTED RESOLUTION NO. 2025-303 [7-0]
MOVER: Treasure Ortiz, Council Member, Ward 7
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None
Packet Page. 858
Regular Meeting Annotated Agenda June 4, 2025
Mayor and City Council of the City of San Bernardino Page 7

12. Approve a Professional Services Agreement with Alarm Program System LLC for Alarm Permit and False Alarm Management Services (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute a Professional Services Agreement with Alarm Program Systems LLC to provide alarm registration and false alarm management services for a term beginning July 1, 2025, through June 30, 2028, with an option to extend for two additional years.

13. Resolutions Adopting List of Projects under SB1 2025/2026 Road Maintenance Program, Recording Supplemental Appropriations in the amount of $7,352,750.90 (All Wards)
Recommendation:

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

1. Adopt Resolution No. 2025306 approving the Road Maintenance and Rehabilitation proposed project list for submittal to the California Transportation Commission and adopting a list of projects for Fiscal Year 2025/26 to be funded by Senate Bill 1: Road Repair and Accountability Act of 2017; and

2. Adopt Resolution No. 2025307 authorizing the Interim Director of Finance and Management Services to amend the FY 2025/26 Capital Improvement Plan, recording supplemental appropriations in the amount of $5,943,708.00 in SB1 Fund and $1,409,042.90 in Measure I Fund, for a total additional appropriation of $7,352,750.90 for Street Rehabilitation – Major Arterial Entrances to the City (Project No. 13655) Project.

RESULT: ADOPTED RESOLUTION NO. 2025-306 AND RESOLUTION NO. 2025-307 [7-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Kimberly Knaus, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None
Packet Page. 859
Regular Meeting Annotated Agenda June 4, 2025
Mayor and City Council of the City of San Bernardino Page 8

14. Award the Construction Agreement to Leonida Builders Inc. for the construction of concrete pads, utility connections and other site improvements for the installation of the Twelve Modular Kennel Buildings, and Parking Lot Improvements for Animal Services in the amount of $1,075,370.00 (Ward 3)
Recommendation:

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

1. Adopt Resolution 2025304 authorizing the Director of Finance and Management Services to amend the FY 2024/25 CIP Budget with an additional $653,153.88 for the San Bernardino
Animal Shelter Improvements Project using the Measure S fund balance.; and

2. Approve the award of a Construction Agreement with
Leonida Builders Inc., in the amount of $1,075,370.00 for the construction of concrete pads, utility connections and other improvements for the installation of Twelve Modular Building and parking lot improvements (Project); and

3. Authorize construction contingencies, construction management, and administrative costs in the total amount of
$500,000.00 for construction of the project; and

4. Authorize the City Manager or designee to execute all documents with Leonida Builders Inc.; and

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

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

RESULT: ADOPTED RESOLUTION NO. 2025-304 [7-0]
MOVER: Treasure Ortiz, Council Member, Ward 7
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None
Packet Page. 860
Regular Meeting Annotated Agenda June 4, 2025
Mayor and City Council of the City of San Bernardino Page 9

15. Amendment No. 1 to Progressive Design Build Contract with TildenCoil Constructors for the California Theater Improvements Project increasing the total amount by $1,747,404 (Ward 1)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution 2025305:

1. Approving Amendment No. 1 to the Progressive DesignBuild Contract with TildenCoil Constructors, Inc. in the amount of $1,747,404 for the California Theater Improvements (Project); and

2. Authorizing the Director of Finance and Management Services to amend the FY 2024/25 Capital Improvement Plan budget with an additional
$960,255 from the Cultural Development Fund for the project; and

3. Authorizing the City Manager or designee to execute all documents with TildenCoil Constructors; and

4. Authorizing the City Manager or designee to expend the contingency fund in the amount of $212,851, if necessary, to complete the project.

RESULT: ADOPTED RESOLUTION NO. 2025-305 [7-0]
MOVER: Treasure Ortiz, Council Member, Ward 7
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None
Packet Page. 861
Regular Meeting Annotated Agenda June 4, 2025
Mayor and City Council of the City of San Bernardino Page 10

16. Approve Amendment No. 1 to the Agreement with Z & K Consultants, Inc. for Nicholson Park Construction Management and Construction Inspection Services in the amount of $144,158.90 (Ward 6) 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 Z & K Consultants, Inc. in the amount of $144,158.90 for the Construction Management and Construction Inspection Services at Nicholson Park Improvements, increasing the not to exceed amount to $663,221.90 (Project); and

2. Authorize additional project contingencies in the total amount of $14,415.89 for the Construction Management and Construction Inspection Services of the Project; and

3. Authorize the City Manager or designee to execute all documents with Z & K Consultants, Inc.; and

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

RESULT: APPROVE STAFF’S RECOMMENDATION [7-0]
MOVER: Treasure Ortiz, Council Member, Ward 7
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None
At this time Supervisor Baca presented the Mayor and City Council and Chief Goodman with a check for $562,500, for the Drone First Responder Program, item no. 11 on the Consent Calendar.

Mayor Tran reordered the agenda, hearing Public Hearing items nos. 2 through 5.

PUBLIC HEARINGS

2. AB 2561 Annual Vacancy Rate Report (All Wards)
Recommendation:

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

1. Conduct a public hearing in accordance with AB 2561 (2024); and

2. Receive and file a report on the City of San Bernardino’s annual vacancy rate.

Mayor Tran opened the Public Hearing at 5:40 p.m.

Director of Human Recourses, Andrea Russell provided a presentation. There were no public comments.

Mayor Tran closed the Public Hearing at 5:44 p.m.

Packet Page. 862
Regular Meeting Annotated Agenda June 4, 2025
Mayor and City Council of the City of San Bernardino Page 11 City Attorney Maldonado advice to take a vote even though this item was receive and file.

RESULT: APPROVE STAFF’S RECOMMENDATION [7-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Kimberly Knaus, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

3. City Manager’s Proposed Fiscal Year 2025/26 Operating Budget & FY 20262030 Capital Improvement Program (All Wards)
Recommendation:

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

1. Conduct the Public Hearing on the proposed Fiscal Year 2025/26 Operating Budget and 2025/262029/30 Capital Improvement Plan; and

2. Adopt Resolution No. 2025298 approving the City of San Bernardino’s Fiscal Year 2025/26 Operating Budget and
2025/262029/30 Capital Improvement Plan; and

3. Approve the reallocation of General Fund expenses to the Gas Tax fund, as reflected in the FY 2025/26 Proposed Budget; and

4. Authorize the creation of the Operations and Maintenance Department and the Director of Operations and Maintenance position; and

5. Adopt Resolution No. 2025299 establishing the City’s Appropriations Limit as required by Article XIIIB of the California State Constitution; and

6. Approve the FY202526 Position Summary; and

7. Adopt Resolution No. 2025300 approving the updated Investment Policy for FY 2025/26; and

8. Formally approve any modifications made during the Public Hearing to be incorporated into the City of San Bernardino’s Fiscal Year 2025/26 Operating Budget and 2025/262029/30 Capital
Improvement Plan and included as part of the final adopted budgets.

Mayor Tran opened the Public Hearing at 5:45 p.m.

Council Member Sanchez made a motion to continue the Budget Hearing to a Special Meeting the following week. Council Member Shorett seconded the motion. Council Member Ortiz made a substitute motion to continue the item during the current meeting. Council Member Flores seconded the substitute Packet Page. 863
Regular Meeting Annotated Agenda June 4, 2025
Mayor and City Council of the City of San Bernardino Page 12 motion.

RESULT: CONTINUE THE BUDGET HEARING DURING THE CURRENT
MEETING [5-2]
MOVER: Treasure Ortiz, Council Member, Ward 7
SECONDER: Mario Flores, Council Member, Ward 6
AYES: Ibarra, Figueroa, Knaus, Flores, Ortiz
NOES: Theodore Sanchez and Fred Shorett
Interim City Manager Bill Gallardo, Interim Finance Director Jeannie Fortune, Budget Manager Zuyva Ruiz, and Deputy Director/City Engineer Azzam Jabsheh provided a presentation.

There were nine public comments.

City Attorney Maldonado addressed public comments regarding City Attorney’s budget.

Advised the Mayor and City Council that they could choose to waive privilege of the of the slides BB&K provided during their evaluation during closed session.

Mayor Tran closed the Public Hearing at 6: 51 p.m.

There was a discussion amongst Council Members on the City Attorney’s budget.

Council Member Shorett made the motion to wave privilege on the three graphs BB&K provided during their evaluation. Council Member Knaus seconded the motion. Council Member Ortiz made a substitute motion to release the entire evaluation of BB&K, but no second was received.

RESULT: WAIVE PRIVILEGE ON THE THREE GRAPHS BB&K PROVIDED DURING THEIR EVALUATION [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Kim Knaus, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None
Council Member Sanchez asked for the following budget items to be voted line item by item. The homeless encampment crew, the dead tree trimming, the park bathrooms, police vehicles, and sidewalk repairs.

Council Member Sanchez made a motion to allocate $124,800 from the unassigned fund balance to the Homeless Encampment Clean Up. Council Member Knaus seconded the motion.

Packet Page. 864
Regular Meeting Annotated Agenda June 4, 2025
Mayor and City Council of the City of San Bernardino Page 13 RESULT: ALLOCATE $124,800 FROM THE FUND UNASSINGED BALANCE TO THE HOMELESS CLEAN UP [7-0]
MOVER: Theadore Sanchez, Council Member, Ward 1
SECONDER: Kim Knaus, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None
Council Member Sanchez made a motion to allocate one-time funds from unassigned fund balance to Professional Contractual Services half a million dollars for removal of dead trees. Council Member Ibarra seconded the motion.

RESULT: ALLOCATE ONE-TIME FUNDS FROM UNASSINGED FUND

BALANCE TO PROFESSIONAL CONTRACTUAL SERVICES
HALF MILLION FOR REMOVAL OF DEAD TREES [7-0]
MOVER: Theadore Sanchez, Council Member, Ward 1
SECONDER: Sandra Ibarra, Council Member, Ward 2
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None
Council Member Sanchez made a motion to set aside half a million dollars from the development impact fund for restroom cleanups. Council Member Ibarra made a substitute motion directing staff to return in 30 days with options for park restroom cleanups. Council Member Ortiz seconded the motion.

RESULT: DIRECTED STAFF TO RETURN IN 30 DAYS WITH OPTIONS FOR PARK RESTROOM CLEANUPS [7-0]
MOVER: Sandra Ibarra, Council Member, Ward 2
SECONDER: Treasure Ortiz, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None
Council Member Sanchez made a motion to allocate one-time funds from the unassigned fund balance in the amount of $2 million for the acquisition of police vehicles. Council Member Ortiz made a substitute motion to direct staff to return in 30 days with options for the purchase of police vehicles. Council Member Ibarra seconded the substitute motion. Council Member Sanchez then made a substitute motion to allocate one-time funds from the unassigned fund balance in the amount of $2 million for the acquisition of police vehicles and vehicle outfitting. Council Member Knaus seconded the motion.

Council Member Ibarra left the dais at 8:03 PM, prior to taking the vote.

Packet Page. 865
Regular Meeting Annotated Agenda June 4, 2025
Mayor and City Council of the City of San Bernardino Page 14 RESULT: ALLOCATE ONE-TIME FUNDS FROM THE UNASSIGNED FUND BALANCE IN THE AMOUNT OF $2 MILLION FOR THE

ACQUISITION OF POLICE VEHICLES AND VEHICLE OUTFITTING
[4-2]
MOVER: Theodore Sanchez, Council Member, Ward 2
SECONDER: Kim Knaus, Council Member, Ward
AYES: Sanchez, Figueroa, Shorett, Knaus
NOES: Mario Flores Treasure Ortiz
ABSENT: Sandra Ibarra
Council Member Ibarra returned to the dais at 8:11 PM.

Council Member Sanchez made a motion to allocate one-time funds from the unassigned fund balance in the amount of $1 million for sidewalk repairs throughout the city. Council Member Knaus seconded the motion.

RESULT: ALLOCATE ONE-TIME FUNDS FROM THE UNASSIGNED FUND BALANCE IN THE AMOUNT OF $1 MILLION FOR THE SIDEWALK
REPAIRS THROUGH THE CITY [6-1]
MOVER: Theodore Sanchez, Council Member, Ward 2
SECONDER: Kim Knaus Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores NOES: Treasure Ortiz
Council Member Sanchez made a motion to approve the staff’s recommendation with the five line-item amendments. Council Member Knaus made a substitute motion to have a separate vote on the Mayor’s Office budget due to a relationship with a member of the Mayor’s staff. Council Member Sanchez amended his motion.

RESULT: APPROVE THE STAFF’S RECOMMENDATION WITH THE FIVE LINE-ITEM AMENDMENTS [7-0]
MOVER: Theodore Sanchez, Council Member, Ward 2
SECONDER: Kim Knaus Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None
RESULT: APPROVE THE MAYOR’S BUDGET [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 2
SECONDER: Treasure Ortiz Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Flores, Ortiz ABSTAIN: Kim Knaus
At this time the Mayor and City Council recess at 8:33 PM.

The Mayor and City Council reconvened at 8:46 PM.

Packet Page. 866
Regular Meeting Annotated Agenda June 4, 2025
Mayor and City Council of the City of San Bernardino Page 15

4. Draft Fiscal Year 20252029 Consolidated Plan, Draft Analysis of Impediments to Fair Housing, and Draft FY 20252026 Annual Action Plan Associated with the Community Development Block Grant, HOME Investment Partnerships, and Emergency Solutions Grant Programs (All Wards)
Recommendation:

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

1. Conduct a Public Hearing to receive public comments on the draft Fiscal Year 20252029 Consolidated Plan, draft Analysis of Impediments to Fair Housing Choice, and draft Fiscal Year 20252026 Annual Action Plan associated with the Community Development Block Grant, HOME Investment Partnerships, and Emergency Solutions Grant Programs; and

2. Authorize the City Manager, or designee, to take any further actions and execute any documents and agreements as necessary to effectuate the submittal of the draft Consolidated Plan and draft Annual Action Plan and necessary certifications to the United States Department of Housing and Urban Development.

Mayor Tran opened the Public Hearing at 8:47 p.m.

Housing Division Manager Trina Perez provided a presentation.

At this time the Mayor announced 9:00 PM was approaching and asked if the Council wished to continue with the meeting. Mayor asked the City Council for a motion to continue the meeting
RESULT: CONTINUE THE MEETING AFTER 10:00 PM [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Treasure Ortiz Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None
The Mayor and City Council continued with Public Hearing item no. 4.

There were no public comments.

Mayor Tran closed the Public Hearing at 8:55 p.m.

RESULT: APPROVED STAFF’S RECOMMENDATION [7-0]
MOVER: Theodore Sanchez, Council Member, Ward
SECONDER: Treasure Ortiz Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None
Packet Page. 867
Regular Meeting Annotated Agenda June 4, 2025
Mayor and City Council of the City of San Bernardino Page 16

5. Approve the 2025 Fireworks Regulatory Fee Rate or Adopt an Urgency Ordinance establishing a OneYear Moratorium on the Sale and Use of Safe and Sane Fireworks for FY202526 (All Wards)
Recommendation:

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

1. Adopt Resolution No. 2025301 setting the 2025 Regulatory Fee Rate of 10% for the sale of "safe and sane" fireworks in the City; or

2. Introduce, Read by Title Only, Waive Further Reading of, and Adopt Urgency Ordinance MC1652 adding a new Section 8.60.180 to the City’s Municipal Code (“Code”) establishing a oneyear moratorium on the sale and use of safe and sane fireworks in the City; and direct Staff to prepare a Regular Ordinance establishing a oneyear moratorium on the sale and use of safe and sane fireworks in the City Mayor Tran opened the Public Hearing at 8:57 p.m.

Interim Finance Director Jeannie Fortune provided a presentation.

There were nine written comments and seventeen public comments.

Mayor Tran closed the Public Hearing at 9:35 p.m.

RESULT: ADOPT RESOLUTION NO. 2025-301 SETTING THE 2025
REGULATORY FEE RATE OF 10% FOR THE SALE OF “SAFE
AND SANE” FIREWORKS IN THE CITY [5-2]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Shorett, Knaus, Flores
NOES: Juan Figueroa and Treasure Ortiz
Packet Page. 868
Regular Meeting Annotated Agenda June 4, 2025
Mayor and City Council of the City of San Bernardino Page 17

CITY MANAGER UPDATE
At this time, Interim City Manager Bill Gallardo provided city-wide updates.

PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA At this time public comments were heard for items listed and not listed on the agenda.

DISCUSSION

17. Approve a City Manager Employment Agreement (All Wards) Recommendation:

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

1. Approve a City Manager Employment Agreement on behalf of the Mayor and City Council; and

2. Authorize the Mayor to execute the City Manager Employment Agreement on behalf of the Council.

RESULT: APPROVED STAFF’S RECOMMENDATION [7-1]
MOVER: Theodore Sanchez, Council Member, Ward
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Mayor Tran NOES: Treasure Ortiz

ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS

18. Establishment of a data driven pavement management system to better prioritize capital improvements to the City’s streets specifically the system should include a method for continually assessing the condition of the City’s roadways and the creation of a userfriendly and transparent tool to allow council, staff and the public to visualize the condition of the City’s street assets (All Wards) – (Council Member Sanchez) RESULT: APPROVED STAFF’S RECOMMENDATION [7-0]
MOVER: Theodore Sanchez, Council Member, Ward
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None
Packet Page. 869
Regular Meeting Annotated Agenda June 4, 2025
Mayor and City Council of the City of San Bernardino Page 18

18. Receive a presentation and provide direction on key economic development matters, including the continuance of the General Plan and Downtown Specific Plan, the background and status of the proposed Downtown PropertyBased Improvement District (PBID), and any other pertinent economic development projects (All Wards) – (Council Member Knaus)
RESULT: APPROVED STAFF’S RECOMMENDATION [7-0]
MOVER: Sandra Ibarra, Council Member, Ward 2
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES/MEETINGS At this time, the Mayor and City Council provided updates to the community.

ADJOURNMENT
The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on June 18, 2025 at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92410. Closed Session will begin at 4:00 p.m. and Open Session will begin at 5:00 p.m.

Telicia Lopez Telicia Lopez, CMC
Acting City Clerk
Packet Page. 870

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: December 3, 2025
To: Honorable Mayor and City Council Members
From: Lynn Merrill, Director of Public Works
Azzam Jabsheh, Deputy Director of Public Works/City Engineer Department: Public Works
Subject: Award of Construction Agreement to J B Bostick LLC, for the Villasenor Library - Parking Lot Surfacing in the
amount of $131,200 and Contingency of $68,800 for a Total Amount of $200,000 (Ward 1)
Recommendation:

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

1. Approve the award of a Construction Agreement with J B Bostick LLC, in the amount of $131,200 for the Villasenor Library - Parking Lot Surfacing (Project); and

2. Authorize the construction contingencies, construction management, and administrative costs in the total amount of $68,800 for the Project, bringing the total Project budget to $200,000; and

3. Authorize the City Manager or designee to execute all documents with J B Bostick LLC; and

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

City Manager's Comments
The City Manager recommends approval. The $68,800 for contingency reflects due to the age of the parking lot and for miscellaneous administrative costs.

Executive Summary
Awarding the agreement for Villasenor Library - Parking Lot Surfacing will ensure the continued usability and safety of the facility’s exterior infrastructure. The agreement will allow the City to issue J B Bostick LLC, a Notice to Proceed, initiating the process for Packet Page. 871
demolition and resurfacing of the parking lot. The scope of work generally includes asphalt paving and re-striping of the east parking lot located north of 5th Street and west of N. Garner Avenue. Work also involves ADA improvements and general repairs necessary to restore safety and usability of the facility. The Project will be funded from budget allocated under Measure S.

Background
The Parking Lot located at the northwest corner of West 5th Street and North Garner Avenue in San Bernardino provides off-street parking for neighborhood-serving commercial businesses, including a local meat market and neighborhood pharmacy.

The lot is frequently used by customers and visitors and functions as a primary access point from West 5th Street.

The pavement within the lot has deteriorated, with surface cracking, ponding, and uneven areas that create trip hazards and accessibility challenges. Existing ramps, striping, and path-of-travel markings are no longer fully compliant with current ADA standards. In addition, portions of the concrete slab near the trash enclosure and the trench drain require repair, and accumulated debris in the curb drainage openings is preventing proper runoff flow.

To address these issues, the City has developed the Parking Lot Improvement Project, which will resurface and restripe the parking lot, provide ADA improvements, and perform general repairs. This Project will improve safety, accessibility, and appearance of the site, reduce standing water and liability concerns, and bring the parking area into compliance with current ADA requirements for public access along the West 5th Street corridor.

The parking lot and surrounding improvements are City-owned facilities. Although the lot provides access to adjacent private businesses, the entire east parking area undergoing rehabilitation lies on City property and remains under City jurisdiction for maintenance and improvements.

On June 04, 2025 the Mayor and City Council reviewed and approved funding for this Project, which was adopted as part of the FY 25/26 budget under Measure S, with an allocated budget of $250,000. This funding was allocated to address the needed improvements to the Villasenor Library Parking Lot.

Discussion
The proposed Project includes the resurfacing and accessibility upgrades of the parking lot located north of 5th Street and west of N. Garner Avenue in San Bernardino.

The existing pavement has deteriorated and requires rehabilitation to restore safety, accessibility, and functionality for public use. The scope of work includes asphalt paving and re-striping of the lot, installation of two new ADA-compliant ramps, and updated ADA striping, signage, and accessible path-of-travel markings. Additional improvements include repairing and painting the trench drain gutter, saw-cutting and replacing the concrete slab in front of the trash enclosure, and cleaning the gutter and Packet Page. 872
curb drain openings to restore proper drainage.

Staff recommends authorizing the City Manager or their designee to execute all necessary documents with J B Bostick LLC and to manage the Project, including the expenditure of contingency funds if needed. These actions are necessary to ensure the successful completion of Villasenor Library - Parking Lot Surfacing Project, which will enhance accessibility, safety, and overall usability of the site. The recommended actions will facilitate the timely and efficient progress of this Project.

The Project was advertised for public bidding on September 30, 2025, on PlanetBids.

Fourteen sealed bids were received and opened on October 21, 2025. The total base bid plus additive alternate prices are as follows:

SN NAME OF BIDDER CITY TOTAL BID
1 J B Bostick LLC Anaheim $131,200.00
2 Terra Pave, Inc. Whittier $137,550.00
3 Onyx Paving Company, Inc. Yorba Linda $144,000.00
4 NPG Corporation Perris $158,726.00
5 Copp Contracting, Inc. Buena Park $163,735.00
6 Pave West Artesia $165,676.50
7 Prestige Paving Company, Inc. La Mirada $165,703.30
8 L. M. T. Enterprise, Inc. dba Tyner Paving
Company Alhambra $168,855.95
9 Cali State Paving, Inc. Riverside $172,400.00
10 Asphalt, Fabric & Engineering, Inc. Signal Hill $175,625.00 11 S Christensen Engineering, Inc. Apple Valley $177,420.00 12 Vance Corporation Beaumont $180,478.75
13 Venture Construction & Management Corona $180,836.00 14 Roadway Engineering & Construction Corp. Perris $257,400.00 Staff has reviewed all bid packages and determined that J B Bostick LLC, of Anaheim, CA, submitted the lowest responsible and responsive bid and met all Project requirements. The total cost for the Project is estimated at $200,000, including the construction contract, contingencies, and administrative costs.

Bid
Lowest Bid $131,200
Contingency & Administrative Cost $68,800
Total Construction Cost $200,000
Funding for this Project was adopted on June 04, 2025, under Measure S as part of the budget adoption process, with an allocated budget of $250,000. Of this amount, $200,000 is needed for the construction and repaving of the asphalt, leaving a remaining balance of $50,000 for future expenses or additional Project needs.

Packet Page. 873
Budget
Villasenor Library - Parking Lot Surfacing
Improvement Budget $250,000
Project Total Cost $200,000
Remaining Budget for
Villasenor Parking Lot Surfacing $50,000
Environmental Impact
The Project is categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines Section 15302, Replacement or Reconstruction (“Class 2”). The Class 2 exemptions allow for the replacement or reconstruction of existing structures or facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. Here, the Project involves minor improvements and reconstructing the parking facilities located on the same site.

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

Packet Page. 874
2021-2025 Strategic Targets and Goals
Authorizing this agreement aligns with Key Target No. 3: Improved Quality of Life. The completion of this Project will improve safety, accessibility, and functionality of the community center’s parking facilities, benefiting all visitors.

Fiscal Impact
The total Project cost is $200,000 and will be funded through Measure S, which was adopted as part of the City’s budget on June 4, 2025, with an allocation of $250,000.

There is sufficient budget within the department’s FY25-26 CIP budget to fund this agreement.

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

1. Approve the award of a Construction Agreement with J B Bostick LLC, in the amount of $131,200 for the Villasenor Library - Parking Lot Surfacing (Project); and

2. Authorize the construction contingencies, construction management, and administrative costs in the total amount of $68,800 for the Project, bringing the total Project budget to $200,000; and

3. Authorize the City Manager or designee to execute all documents with J B Bostick LLC; and

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

Attachments
Attachment 1 Agreement with J B Bostick LLC
Attachment 2 Bid Tabulation
Attachment 3 Bid Proposal
Attachment 4 Location Map
Ward:

Ward 1
Synopsis of Previous Council Actions:

June 04, 2025, FY 2025/2026 Budget Presentation (All Wards) CC
Eric Levitt, City Manager
Packet Page. 875
Villasenor Library – Parking Lot Surfacing -1- 00 52 13 – CONTRACT FOR CONSTRUCTION 0 52 13 – CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”), CIP No. PR26-002, Contract - Specifications No. 13663 is made and entered into this 3rd day of December, 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 J B Bostick LLC, sometimes hereinafter called “Contractor.”
WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:

ARTICLE 1. SCOPE OF WORK.

The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5, below, for the following Project:

Villasenor Library – Parking Lot Surfacing, PR26-002, Specifications No. 13663 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 90 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 One Hundred Thirty-One Thousand Two Hundred Dollars ($131,200). Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule.

ARTICLE 4. LIQUIDATED DAMAGES.

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

Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $1,500 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may Packet Page. 876
Villasenor Library – Parking Lot Surfacing -2- 00 52 13 – CONTRACT FOR CONSTRUCTION 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
Appendices
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
Any other documents contained in or incorporated into the Contract The Contractor shall complete the Work in strict accordance with all of the Contract Documents.

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

ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.

Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not Packet Page. 877
Villasenor Library – Parking Lot Surfacing -2- 00 52 13 – CONTRACT FOR CONSTRUCTION Packet Page. 878
Villasenor Library – Parking Lot Surfacing -3- 00 52 13 – CONTRACT FOR CONSTRUCTION limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.

ARTICLE 7. INDEMNIFICATION.

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

ARTICLE 8. PREVAILING WAGES.

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

ARTICLE 9. FALSE CLAIMS.

Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
Packet Page. 879
Villasenor Library – Parking Lot Surfacing -3- 00 52 13 – CONTRACT FOR CONSTRUCTION Packet Page. 880
Villasenor Library – Parking Lot Surfacing -4- 00 52 13 – CONTRACT FOR CONSTRUCTION IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.

CITY OF SAN BERNARDINO
By:

Eric Levitt
City Manager
ATTEST:

By:

Telicia Lopez, City Clerk
APPROVED AS TO FORM:

By:

Best Best & Krieger LLP
City Attorney
J B Bostick LLC
[IF CORPORATION, TWO SIGNATURES,

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

Its:

Printed Name:

By:

Its:

Printed Name:

Contractor’s License Number and
Classification
DIR Registration Number
(CONTRACTOR’S SIGNATURE MUST BE

NOTARIZED AND CORPORATE

SEAL AFFIXED, IF APPLICABLE)

END OF CONTRACT
Packet Page. 881
Villasenor Library – Parking Lot Surfacing -4- 00 52 13 – CONTRACT FOR CONSTRUCTION Packet Page. 882
Villasenor Library – Parking Lot Surfacing -5- 00 52 13 – CONTRACT FOR CONSTRUCTION Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA

COUNTY OF
On , 20 , before me, , Notary Public, personally
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)
 Partner(s)  Limited
Title or Type of Document
 General
 Attorney-In-Fact
 Trustee(s)
Number of Pages
 Guardian/Conservator
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Date of Document
Signer(s) Other Than Named Above
Packet Page. 883
Villasenor Library – Parking Lot Surfacing -5- 00 52 13 – CONTRACT FOR CONSTRUCTION Packet Page. 884

REQUIREMENTS

ACKNOWLEDGEMENT OF INSURANCE REQUIREMENTS
VENDOR NAME: PHONE:

ADDRESS:

The Proposer shall demonstrate the willingness and ability to provide the required insurance coverage as set forth in the City requirements within ten (10) calendar days of notification of selection for contract award. The insurance requirements are detailed below:

MINIMUM INSURANCE REQUIREMENTS
RFQ F-25-4052 VILLASENOR LIBRARY PARKING LOT SURFACING CIP NO. PR26-002 CONTRACT SPECIFICATION NO. 13663

COVERAGE TYPE MINIMUM POLICY LIMITS
Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
Builder’s Risk or Installation Floater $1,000,000 per occurrence Contractor’s Pollution Liability (if applicable) $1,000,000 per occurrence / $2,000,000 aggregate
By signing below, the Proposer acknowledges that they have reviewed the City’s insurance requirements and confirm their ability to meet these requirements within the specified timeframe.

SUBMITTED BY: DATE:
(Authorized Representative Signature)
PRINT NAME: TITLE:

Villasenor Library – Parking Lot Surfacing -6- ACKNOWLEDGEMENT OF INSURANCE Packet Page. 885

REQUIREMENTS
Packet Page. 886
-7-
00 61 13 – BOND FORMS
Performance Bond
KNOW ALL PERSONS BY THESE PRESENTS:

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

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

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

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

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

As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by the City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s Packet Page. 887
-7-
Packet Page. 888
-8-
obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15.

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

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

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

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
Packet Page. 889
-8-
Packet Page. 890
-9-
IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 20 .
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is per thousand. The total amount of premium charges is $ .
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety)
(Name and Address of Agent or
Representative for service of
process in California, if different
from above)
(Telephone number of Surety
and Agent or Representative for
service of process in California)
Packet Page. 891
-10-
Packet Page. 892
-10-
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

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

Signer is representing:

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

Packet Page. 893
-10-
Packet Page. 894
-11-
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

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

Signer is representing:

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

END OF PERFORMANCE BOND
Packet Page. 895
-11-
Packet Page. 896
-12-
Payment Bond (Labor and Materials).

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

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

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

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

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or Packet Page. 897
-12-
Packet Page. 898
-13-
pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or the City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Civil Code Section 9100, and has not been paid the full amount of his claim.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract to be performed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of Contract, including but not limited to, the provisions of Sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 20 .
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
Packet Page. 899
-14-
Packet Page. 900
-14-
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

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

Signer is representing:

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

Packet Page. 901
-14-
Packet Page. 902
-15-
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

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

Signer is representing:

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

END OF PAYMENT BOND
Packet Page. 903
-15-
Packet Page. 904
Villasenor Library – Parking Lot Surfacing -16- 00 72 00 – GENERAL CONDITIONS 00 72 00 – GENERAL CONDITIONS
ARTICLE 1 -TERMS; DEFINITIONS

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

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

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

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

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

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

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

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

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

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

10. City’s Representative – The City Engineer, and acting through properly authorized agents, such as the Engineer or such other agents acting within the scope of the particular duties entrusted to them. Also sometimes referred to as the “City’s Representative” or “Representative” in the Contract Documents. The terms the City and Owner may be used interchangeably
Packet Page. 905
Villasenor Library – Parking Lot Surfacing -16- 00 72 00 – GENERAL CONDITIONS Packet Page. 906
Villasenor Library – Parking Lot Surfacing -17- 00 72 00 – GENERAL CONDITIONS

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

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

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

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

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

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

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

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

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

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

21. Defective Work -- Work that is unsatisfactory, faulty, or deficient; or that does not conform to the Contract Documents; or that does not meet the requirements of any Packet Page. 907
Villasenor Library – Parking Lot Surfacing -17- 00 72 00 – GENERAL CONDITIONS Packet Page. 908
Villasenor Library – Parking Lot Surfacing -18- 00 72 00 – GENERAL CONDITIONS inspection, reference standard, test, or approval referenced in the Contract Documents.

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

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

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

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

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

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

28. Holiday – Holidays occur on:

New Year’s Day - January 1
Martin Luther King Jr Day – January 20
President’s Day – Third Monday in February
Memorial Day - Last Monday in May
Juneteenth – June 19
Independence Day - July 4
Labor Day - First Monday in September
Veteran’s Day - November 11
Packet Page. 909
Villasenor Library – Parking Lot Surfacing -18- 00 72 00 – GENERAL CONDITIONS Packet Page. 910
Villasenor Library – Parking Lot Surfacing -19- 00 72 00 – GENERAL CONDITIONS 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.

Packet Page. 911
Villasenor Library – Parking Lot Surfacing -19- 00 72 00 – GENERAL CONDITIONS Packet Page. 912
Villasenor Library – Parking Lot Surfacing -20- 00 72 00 – GENERAL CONDITIONS

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 petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems.

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

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

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

1.2 Terminology.

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

1. The word “furnish,” when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment Packet Page. 913
Villasenor Library – Parking Lot Surfacing -20- 00 72 00 – GENERAL CONDITIONS Packet Page. 914
Villasenor Library – Parking Lot Surfacing -21- 00 72 00 – GENERAL CONDITIONS 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 connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use.

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

5. The word “work” that which is proposed to be constructed or done under the Contract or permit, including the furnishing of all labor, materials, equipment, and services.

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.

Packet Page. 915
Villasenor Library – Parking Lot Surfacing -21- 00 72 00 – GENERAL CONDITIONS Packet Page. 916
Villasenor Library – Parking Lot Surfacing -22- 00 72 00 – GENERAL CONDITIONS

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

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.

Packet Page. 917
Villasenor Library – Parking Lot Surfacing -22- 00 72 00 – GENERAL CONDITIONS Packet Page. 918
Villasenor Library – Parking Lot Surfacing -23- 00 72 00 – GENERAL CONDITIONS C. Schedule. Within ten (10) days after the issuance of the Notice of Proceed (unless otherwise specified in the Contract Documents), the Contractor shall submit a construction schedule that conforms with the requirements of Section 00 72 00, Article 8.2.

2.9 Preconstruction Conference; Designation of Authorized Representatives.

A. Before any Work at the Site is started, a conference attended by the City, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules 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 Packet Page. 919
Villasenor Library – Parking Lot Surfacing -23- 00 72 00 – GENERAL CONDITIONS Packet Page. 920
Villasenor Library – Parking Lot Surfacing -24- 00 72 00 – GENERAL CONDITIONS item will be included in the progress estimate. When no bid item is provided for mobilization payment for such costs will be deemed to be included in the other items of the Work.

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

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

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

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

4. Establishing fire protection system, as applicable.

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

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

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

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

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

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

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

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

Packet Page. 921
Villasenor Library – Parking Lot Surfacing -24- 00 72 00 – GENERAL CONDITIONS Packet Page. 922
Villasenor Library – Parking Lot Surfacing -25- 00 72 00 – GENERAL CONDITIONS ARTICLE 3 -CONTRACT DOCUMENTS; INTENT

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

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 Packet Page. 923
Villasenor Library – Parking Lot Surfacing -25- 00 72 00 – GENERAL CONDITIONS Packet Page. 924
Villasenor Library – Parking Lot Surfacing -26- 00 72 00 – GENERAL CONDITIONS Work. The implied Work will conform to the appropriate sections of the Contract Documents.

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

3.3 Reference Standards.

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

1. Reference to federal specifications, federal standards, other standards, specifications, manuals, or codes of any technical society, organization, or association, or to Applicable Laws, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Applicable Laws in effect at the time of opening of Bids (or on the Effective Date of the Contract if there were no Bids), except as may be otherwise specifically stated in the Contract Documents.

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

3.4 Reporting and Resolving Discrepancies; Order of Precedence.

A. Reporting Discrepancies.

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

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

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

Packet Page. 925
Villasenor Library – Parking Lot Surfacing -26- 00 72 00 – GENERAL CONDITIONS Packet Page. 926
Villasenor Library – Parking Lot Surfacing -27- 00 72 00 – GENERAL CONDITIONS B. Order of Precedence.

1. In case of conflicts between the Contract Documents, the order of precedence shall be as follows:
a. Permits from other agencies as may be required by law b. Change Orders, most recent first
c. Contract
d. Addenda, most recent first
e. Special Conditions
f. Specifications
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.

Packet Page. 927
Villasenor Library – Parking Lot Surfacing -27- 00 72 00 – GENERAL CONDITIONS Packet Page. 928
Villasenor Library – Parking Lot Surfacing -28- 00 72 00 – GENERAL CONDITIONS

3.5 Amending and Supplementing Contract Documents.

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

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

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

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

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

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 Packet Page. 929
Villasenor Library – Parking Lot Surfacing -28- 00 72 00 – GENERAL CONDITIONS Packet Page. 930
Villasenor Library – Parking Lot Surfacing -29- 00 72 00 – GENERAL CONDITIONS of all consequential damages and attorney’s fees and other related costs and expenses, however caused, regardless of whether the allegations are false, fraudulent, or groundless, and regardless of any negligence of the City or its officers, employees, or authorized volunteers (including passive negligence), except the sole negligence or willful misconduct or active negligence of the City or its officials, officers, employees, or authorized volunteers.

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

3. Any and all actions, proceedings, damages, costs, expenses, fines, penalties or liabilities, in law or equity, of every kind or nature whatsoever, arising out of, resulting from, or on account of the violation of any governmental law or regulation, compliance with which is the responsibility of Contractor;

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 Packet Page. 931
Villasenor Library – Parking Lot Surfacing -29- 00 72 00 – GENERAL CONDITIONS Packet Page. 932
Villasenor Library – Parking Lot Surfacing -30- 00 72 00 – GENERAL CONDITIONS furnish the City with original certificates of insurance and endorsements effective coverage required by this Contract on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms acceptable to the City. All certificates and endorsements must be received and approved by the City before Work commences.

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

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

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

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

Packet Page. 933
Villasenor Library – Parking Lot Surfacing -30- 00 72 00 – GENERAL CONDITIONS Packet Page. 934
Villasenor Library – Parking Lot Surfacing -31- 00 72 00 – GENERAL CONDITIONS D. Commercial General Liability Insurance. Contractor shall provide “occurrence” form Commercial General Liability insurance coverage at least as broad as the most current ISO CGL Form 00 01, including but not limited to, premises liability, contractual liability, products/completed operations, personal and advertising injury which may arise from or out of Contractor’s operations, use, and management of the Site, or the performance of its obligations hereunder. The policy shall not contain any exclusion contrary to this Contract including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 39); or (2) cross-liability for claims or suits against one insured against another. Policy limits shall not be less than $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Defense costs shall be paid in addition to the limits.

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

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

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

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

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

E. Automobile Liability Insurance. Contractor shall provide Automobile Liability Insurance at least as broad as ISO CA 00 01 (Any Auto) in the amount of, at least, Packet Page. 935
Villasenor Library – Parking Lot Surfacing -31- 00 72 00 – GENERAL CONDITIONS Packet Page. 936
Villasenor Library – Parking Lot Surfacing -32- 00 72 00 – GENERAL CONDITIONS one million dollars ($1,000,000) per accident for bodily injury and property damage.

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

F. Privacy/Network Security (Cyber). Contractor shall provide Cyber Liability Insurance, in a form and with insurance companies acceptable to City, in the amount of, at least, one million dollars ($1,000,000) per occurrence and aggregate. Such insurance shall provide coverage for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and (4) the introduction, implantation or spread of malicious software code.

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.

Packet Page. 937
Villasenor Library – Parking Lot Surfacing -32- 00 72 00 – GENERAL CONDITIONS Packet Page. 938
Villasenor Library – Parking Lot Surfacing -33- 00 72 00 – GENERAL CONDITIONS

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

I. NOT USED.

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

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

L. Form and Proof of Carriage of Insurance

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

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

3. The Certificates(s) and policies of insurance shall contain or shall be endorsed to contain the covenant of the insurance carrier(s) that it shall provide no less than Packet Page. 939
Villasenor Library – Parking Lot Surfacing -33- 00 72 00 – GENERAL CONDITIONS Packet Page. 940
Villasenor Library – Parking Lot Surfacing -34- 00 72 00 – GENERAL CONDITIONS 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 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, Packet Page. 941
Villasenor Library – Parking Lot Surfacing -34- 00 72 00 – GENERAL CONDITIONS Packet Page. 942
Villasenor Library – Parking Lot Surfacing -35- 00 72 00 – GENERAL CONDITIONS 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 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) Packet Page. 943
Villasenor Library – Parking Lot Surfacing -35- 00 72 00 – GENERAL CONDITIONS Packet Page. 944
Villasenor Library – Parking Lot Surfacing -36- 00 72 00 – GENERAL CONDITIONS hours in advance of closing of driveways. The Contractor shall make every effort to minimize the amount of public parking temporarily eliminated due to construction in areas fronting businesses. No stockpiles of pipe or other material will be allowed in traveled right-of-ways after working hours unless otherwise approved by the Engineer.

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

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

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

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

B. If the Contractor encounters a Hazardous Waste which may cause foreseeable injury or damage, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such material or substance (except in Packet Page. 945
Villasenor Library – Parking Lot Surfacing -36- 00 72 00 – GENERAL CONDITIONS Packet Page. 946
Villasenor Library – Parking Lot Surfacing -37- 00 72 00 – GENERAL CONDITIONS an emergency situation); and (iii) notify the City (and promptly thereafter confirm such notice in writing).

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

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

5.7 Sanitary Facilities.

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

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

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

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

Packet Page. 947
Villasenor Library – Parking Lot Surfacing -37- 00 72 00 – GENERAL CONDITIONS Packet Page. 948
Villasenor Library – Parking Lot Surfacing -38- 00 72 00 – GENERAL CONDITIONS B. Without limiting the foregoing, Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the Air Quality Management District with jurisdiction over the Project and/or California Air Resources Board (CARB). Contractor shall specifically be aware of the application of these limits and requirements to "portable equipment", which definition includes any item of equipment with a fuel-powered engine. Contractor shall indemnify the City against any fines or penalties imposed by the air quality management district, CARB, or any other governmental or regulatory agency for its violations of Applicable Laws as well as those of its subcontractors or others for whom Contractor is responsible under its indemnity obligations provided for in the Contract Documents.

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

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

C. Contractor shall comply with all conditions of the State Water Resources Control Board (“State Water Board”) National Pollutant Discharge Elimination System General Permit for Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with Construction Activity (“Construction General Permit”) for all construction activity which results in the disturbance of in excess of one acre of total land area or which is part of a larger common area of development or sale.

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

D. Unless otherwise specified in the Special Conditions or other portion of the Contract Documents, the City has not prepared a Storm Water Pollution Prevention Plan (“SWPPP”) or other storm water compliance plan for the Project Site. Contractor shall be responsible for filing the Notice of Intent (“NOI”) and for obtaining coverage Packet Page. 949
Villasenor Library – Parking Lot Surfacing -38- 00 72 00 – GENERAL CONDITIONS Packet Page. 950
Villasenor Library – Parking Lot Surfacing -39- 00 72 00 – GENERAL CONDITIONS under the Construction General Permit. This includes filing all necessary documentation including the Permit Registration Documents (“PRDs”) through the Stormwater Multiple Applications and Report Tracking System (“SMARTS”); preparing and implementing a SWPPP for the Work site; implementing all other provisions, and monitoring and reporting requirements required by the Construction General Permit; and providing a Qualified SWPPP Developer (“QSD”) and Qualified SWPPP Practitioner (“QSP”), as necessary for all Work site activities, including but not limited to preparation and submittal of all reports, plans, inspections, and monitoring information in compliance with the Construction General Permit. All submittals shall be coordinated with the City’s Legally Responsible Person and Authorized Signatory as those terms are defined in the Construction General Permit.

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

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

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

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

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

H. The City reserves the right to defend any enforcement action or civil action brought against the City for Contractor’s failure to comply with any applicable water quality Packet Page. 951
Villasenor Library – Parking Lot Surfacing -39- 00 72 00 – GENERAL CONDITIONS Packet Page. 952
Villasenor Library – Parking Lot Surfacing -40- 00 72 00 – GENERAL CONDITIONS law, regulation, or policy. Contractor hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and any relevant enforcement entity.

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

B. The Contractor shall exercise care to preserve the natural landscape and vegetation, and shall conduct operations so as to prevent unnecessary destruction, scarring, or defacing of the natural surroundings in the vicinity of the Work. Movement of crews and equipment within the rights-of-way and over routes provided for access to the Work shall be performed in a manner to prevent damage to property. When no longer required, construction roads shall be restored to original contours. Upon completion of the Work, and following removal of construction facilities and required cleanup, land used for construction purposes and not required for the completed installation shall be scarified and regraded, as required, so that all surfaces are left in a condition that will facilitate natural revegetation, provide for proper drainage, and prevent erosion.

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

D. If, in the performance of the Work, Contractor should unearth cultural resources (for example, human remains, animal bones, stone tools, artifacts and/or midden deposits) through excavation, grading, watering or other means, the Contractor shall notify the construction/archeological monitor and/or the City Representative immediately, giving the location and nature of the findings. Written confirmation of the evidence, location and nature of the findings shall be forwarded to the construction/archeological monitor and/or City within two (2) Days. The Contractor shall immediately cease all construction activities in the immediate area of the discovery to the extent necessary to protect the cultural resource. If directed by the City Representative, Contractor will refrain from working in the immediate area, suspend the Work in its entirety, or re-sequence and/or alter its performance to Packet Page. 953
Villasenor Library – Parking Lot Surfacing -40- 00 72 00 – GENERAL CONDITIONS Packet Page. 954
Villasenor Library – Parking Lot Surfacing -41- 00 72 00 – GENERAL CONDITIONS ensure full compliance with all applicable permits, laws and regulations. Should the presence of cultural resources be confirmed, the Contractor will assist the City Representative and the construction/archeological monitor in the preparation and implementation of a data recovery plan. The Contractor shall provide such cooperation and assistance as may be necessary to preserve the cultural resources for removal or other disposition. Any City directed changes to the Work as a result of the cultural resource will be pursuant to the Contract Documents. Should Contractor, without permission, injure, destroy, excavate, appropriate, or remove any cultural resource on or adjacent to the Site, it will be subject to disciplinary action, arrest and penalty under applicable law. The Contractor shall be principally responsible for all costs of mitigation and/or restoration of cultural resources related to the unauthorized actions identified above. Contractor shall be required to pay for unauthorized damage and mitigation costs to cultural resources (historical and archeological resources) as a result of unauthorized activities that damage cultural resources and shall indemnify City pursuant to the Contract Documents.

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

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

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

5.14 Inspector’s Field Office.

A. If required by the City, the Contractor shall be responsible for providing the inspector’s field office. The office shall be a substantial waterproof construction with adequate natural light and ventilation by means of stock design windows. Door shall have a key type lock or padlock clasp. The office shall have heating and air Packet Page. 955
Villasenor Library – Parking Lot Surfacing -41- 00 72 00 – GENERAL CONDITIONS Packet Page. 956
Villasenor Library – Parking Lot Surfacing -42- 00 72 00 – GENERAL CONDITIONS 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.

5.18 Verification of Employment Eligibility.

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

Packet Page. 957
Villasenor Library – Parking Lot Surfacing -42- 00 72 00 – GENERAL CONDITIONS Packet Page. 958
Villasenor Library – Parking Lot Surfacing -43- 00 72 00 – GENERAL CONDITIONS

5.19 Labor.

A. Hours of Work

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

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

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

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

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

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

6. It shall be unlawful for any person to operate, permit, use, or cause to operate any of the following at the Project Site, other than between the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday, with no Work allowed on City-observed Holidays, unless otherwise approved by the City:
a. Powered Vehicles
b. Construction Equipment
Packet Page. 959
Villasenor Library – Parking Lot Surfacing -43- 00 72 00 – GENERAL CONDITIONS Packet Page. 960
Villasenor Library – Parking Lot Surfacing -44- 00 72 00 – GENERAL CONDITIONS c. Loading and Unloading Vehicles
d. Domestic Power Tools
B. Payroll Records; Labor Compliance

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

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

3. Any stop orders issued by the DIR against Contractor or any Subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Contractor or any Subcontractor.

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

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

Packet Page. 961
Villasenor Library – Parking Lot Surfacing -44- 00 72 00 – GENERAL CONDITIONS Packet Page. 962
Villasenor Library – Parking Lot Surfacing -45- 00 72 00 – GENERAL CONDITIONS

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

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

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

C. Prevailing Rates of Wages

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

2. The Contractor shall forfeit as a penalty to the City not more than Two Hundred Dollars ($200.00), pursuant to Labor Code section 1775, for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate as determined by the Director of the DIR for such work or craft in which such worker is employed for any public work done under the Contract by it or by any Subcontractor under it. The difference between such prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof, for which Packet Page. 963
Villasenor Library – Parking Lot Surfacing -45- 00 72 00 – GENERAL CONDITIONS Packet Page. 964
Villasenor Library – Parking Lot Surfacing -46- 00 72 00 – GENERAL CONDITIONS each worker was paid less than the prevailing wage rate, shall be paid to each worker by the Contractor.

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

D. Public Works Contractor Registration

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

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

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

E. Employment of Apprentices

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

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

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
Packet Page. 965
Villasenor Library – Parking Lot Surfacing -46- 00 72 00 – GENERAL CONDITIONS Packet Page. 966
Villasenor Library – Parking Lot Surfacing -47- 00 72 00 – GENERAL CONDITIONS

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

5.20 Subcontracts.

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

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

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

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 Packet Page. 967
Villasenor Library – Parking Lot Surfacing -47- 00 72 00 – GENERAL CONDITIONS Packet Page. 968
Villasenor Library – Parking Lot Surfacing -48- 00 72 00 – GENERAL CONDITIONS material or equipment is scheduled to be incorporated into the Work. The Contractor is responsible for any schedule delays resulting from the Submittal process.

B. Submittal Procedures.

1. Contractor will follow the following procedures for each Submittal, Shop Drawing and Sample required by the Contract Documents:
a. Submittals must be transmitted electronically.
b. Transmittals will be sequentially numbered. Contractor to mark revised Submittals with original number and sequential alphabetic suffix. c. Each Submittal will identify the Project, Contractor, Subcontractor and Supplier, pertinent Drawing and detail number, and Specification Section number appropriate to Submittal.
d. By transmitting a Submittal, Contractor certifies it has reviewed and approved each Submittal, verified products required, field dimensions, adjacent construction Work, and that coordination of information is according to requirements of the Work and Contract Documents.
e. Identify variations in Contract Documents and product or system limitations that may differ and/or be detrimental to successful performance of completed Work. f. When Submittal is revised for resubmission, Contractor shall promptly address the City’s comments and resubmit. Contractor shall identify changes made since previous submission.
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 Packet Page. 969
Villasenor Library – Parking Lot Surfacing -48- 00 72 00 – GENERAL CONDITIONS Packet Page. 970
Villasenor Library – Parking Lot Surfacing -49- 00 72 00 – GENERAL CONDITIONS City review and approval of the pertinent submittal will be performed at the sole risk and expense and responsibility of Contractor.

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

5.23 Shop Drawings and Sample Submittal Procedures.

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

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

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

3. Determined and verified the suitability of all materials offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and

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 Packet Page. 971
Villasenor Library – Parking Lot Surfacing -49- 00 72 00 – GENERAL CONDITIONS Packet Page. 972
Villasenor Library – Parking Lot Surfacing -50- 00 72 00 – GENERAL CONDITIONS calculations to support design in a form suitable for submission to and approval by authorities having jurisdiction.

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

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

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

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

E. City’s Review.

1. The City will review Shop Drawings and Samples in accordance with the Schedule of Submittals. The City’s review and acceptance will be only to determine if the items covered by the Submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible 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.

Packet Page. 973
Villasenor Library – Parking Lot Surfacing -50- 00 72 00 – GENERAL CONDITIONS Packet Page. 974
Villasenor Library – Parking Lot Surfacing -51- 00 72 00 – GENERAL CONDITIONS

5.24 Record (“As-Built”) Drawings.

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

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

Notes shall identify relevant Change Orders by number and date. Record Drawings shall be accessible to the Engineer at all times during the construction period. Failure on the Contractor’s part to keep Record Drawings current could result in withholding partial payment.

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

D. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to complete the Record Drawings shall be included in Contractor’s bid and distributed in the Bid Schedule. No additional compensation shall be made to the Contractor for this Work.

5.25 Layout and Field Engineering.

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

5.26 Separate Contracts and Cooperation.

A. Separate Contracts. The City reserves the right to let other contracts in connection with this Work or on the Project site. Contractor shall permit other contractors reasonable access and storage of their materials and execution of their work and shall properly connect and coordinate its Work with theirs. To ensure proper execution of its subsequent Work, Contractor shall immediately inspect work already Packet Page. 975
Villasenor Library – Parking Lot Surfacing -51- 00 72 00 – GENERAL CONDITIONS Packet Page. 976
Villasenor Library – Parking Lot Surfacing -52- 00 72 00 – GENERAL CONDITIONS in place and shall at once report to the Engineer any problems with the Work in place or discrepancies with the Contract Documents.

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

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

5.27 Work Site.

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

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.

Packet Page. 977
Villasenor Library – Parking Lot Surfacing -52- 00 72 00 – GENERAL CONDITIONS Packet Page. 978
Villasenor Library – Parking Lot Surfacing -53- 00 72 00 – GENERAL CONDITIONS

5.28 Utility Usage.

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

Contractor shall provide necessary temporary distribution systems, including meters, if necessary, from distribution points to points on the Work where the utility is needed.

Upon completion of the Work, Contractor shall remove all temporary distribution systems. Contractor shall provide necessary and adequate utilities and pay all costs for water, electricity, gas, oil, and sewer charges required for completion of the Work, including but not limited to startup and testing required in the Contract Documents.

All permanent meters installed shall be listed in the Contractor’s name until the Work is accepted. For Work to be performed in existing City facilities, Contractor may use the City’s existing utilities, provided such use is reasonable under the circumstances.

If Contractor uses the City utilities, it will not need to compensate the City for reasonably consumption of utilities, but Contractor will be responsible for any excessive, unreasonable or wasteful utility usage. Amounts due the City under this section may be deducted from progress payments.

5.29 Protection of Work and Property.

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

B. Contractor shall adequately protect adjacent property from settlement or loss of lateral support as necessary. Contractor shall comply with all applicable safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the Project site where Work is being performed. Contractor shall erect and 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:

Packet Page. 979
Villasenor Library – Parking Lot Surfacing -53- 00 72 00 – GENERAL CONDITIONS Packet Page. 980
Villasenor Library – Parking Lot Surfacing -54- 00 72 00 – GENERAL CONDITIONS

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

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

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

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

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

Contractor shall not unreasonably encumber the Site with its materials.

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

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

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

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

10. Comply with any stage construction and/or traffic handling plans. Access to residences and businesses shall be maintained at all times, except with the City’s written approval. Any request for approval to reduce or restrict access to 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.

Packet Page. 981
Villasenor Library – Parking Lot Surfacing -54- 00 72 00 – GENERAL CONDITIONS Packet Page. 982
Villasenor Library – Parking Lot Surfacing -55- 00 72 00 – GENERAL CONDITIONS G. Contractor shall maintain all investigation documentation including video and/or photographs for a minimum of four (4) years following completion of the Project.

5.30 Emergencies.

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

ARTICLE 6 -MATERIALS; INSPECTION

6.1 Access to Work.

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

6.2 Materials.

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

B. No materials, supplies, or equipment for Work under this Contract shall be purchased subject to any chattel mortgage or under a conditional sale or other 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 Packet Page. 983
Villasenor Library – Parking Lot Surfacing -55- 00 72 00 – GENERAL CONDITIONS Packet Page. 984
Villasenor Library – Parking Lot Surfacing -56- 00 72 00 – GENERAL CONDITIONS overruns and underruns in accordance with the Contract Documents, no additional compensation, over and above payment for the actual quantities at the prices set out in the Bid Schedule, will be allowed because of differences between actual measurements, dimension, elevations and quantities and those indicated on the Plans and in the Specifications. Any difference therein shall be submitted to the Engineer for consideration before proceeding with the Work.

6.3 Test and Inspections.

A. Inspection and Testing of Work and Materials

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

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

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

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

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

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

Unless otherwise stated and as provided by the Contract Documents, the City shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents. All tests or inspections of materials shall be made in accordance with the commonly recognized standards of national organizations.

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

B. Testing of Materials

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

Packet Page. 985
Villasenor Library – Parking Lot Surfacing -56- 00 72 00 – GENERAL CONDITIONS Packet Page. 986
Villasenor Library – Parking Lot Surfacing -57- 00 72 00 – GENERAL CONDITIONS

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

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

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

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

6. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from 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.

Packet Page. 987
Villasenor Library – Parking Lot Surfacing -57- 00 72 00 – GENERAL CONDITIONS Packet Page. 988
Villasenor Library – Parking Lot Surfacing -58- 00 72 00 – GENERAL CONDITIONS C. Unless specifically designated in the Special Conditions, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such specifications shall be deemed to be used for the purpose of facilitating the description of the material, process, or article desired and shall be deemed to be followed by the words “or equal.” Contractor may, unless otherwise stated, offer for substitution any material, process, or article which may be substantially equal to or better in every respect to that so indicated or specified in the Contract Documents. However, the City has adopted uniform standards for certain materials, processes, and articles.

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

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

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

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

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.

Packet Page. 989
Villasenor Library – Parking Lot Surfacing -58- 00 72 00 – GENERAL CONDITIONS Packet Page. 990
Villasenor Library – Parking Lot Surfacing -59- 00 72 00 – GENERAL CONDITIONS H. The Contractor shall bear the costs of all the City work associated with the review of substitution requests.

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

ARTICLE 7 -SUBSURFACE AND PHYSICAL CONDITIONS; UTILITIES

7.1 Soils Investigations.

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

7.2 Ownership of Site Materials Found.

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

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
Packet Page. 991
Villasenor Library – Parking Lot Surfacing -59- 00 72 00 – GENERAL CONDITIONS Packet Page. 992
Villasenor Library – Parking Lot Surfacing -60- 00 72 00 – GENERAL CONDITIONS

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

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

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

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

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

6. After the utility survey is completed, the Contractor shall commence “potholing” or hand digging to determine the actual location of the pipe, duct, or conduit and in accordance with Government Code Section 4216.4 if the excavation within the “tolerance zone” of a subsurface installation. The Engineer shall be given notice prior to commencing potholing operations. The Contractor shall uncover all piping and conduits, to a point one (1) foot below the pipe, where crossings, interferences, or connections are shown on the Drawings, prior to trenching or excavating for any pipe or structures, to determine actual elevations. New pipelines shall be laid to such grade as to clear all existing facilities, which are to remain in service for any period subsequent to the construction of the run of pipe involved.

7. The Contractor's attention is directed to the requirements of Government Code Section 4216.2 (c) which provides: “When the excavation is proposed within 10 feet of a high priority subsurface installation, the operator of the high priority subsurface installation shall notify the excavator of the existence of the high priority subsurface installation to set up an onsite meeting prior to the legal excavation Packet Page. 993
Villasenor Library – Parking Lot Surfacing -60- 00 72 00 – GENERAL CONDITIONS Packet Page. 994
Villasenor Library – Parking Lot Surfacing -61- 00 72 00 – GENERAL CONDITIONS start date and time or at a mutually agreed upon time to determine actions or activities required to verify the location and prevent damage to the high priority subsurface installation. As part of the meeting, the excavator shall discuss with the operator the method and tools that will be used during the excavation and the information the operator will provide to assist in verifying the location of the subsurface installation. The excavator shall not begin excavating until after the completion of the onsite meeting.” The Contractor shall notify the Engineer in advance of this meeting.

C. Utility Relocation and Repair

1. If interferences occur at locations other than those indicated in the Contract Documents with reasonable accuracy, the Contractor shall notify the Engineer in writing. The Engineer will supply a method for correcting said interferences in accordance with the responsibilities of this section and Government Code Section 4215. To the extent any delay is caused thereby, Contractor shall submit a notice of delay within five (5) Days of discovery of the circumstances giving rise to the delay in accordance with Article 9.1 Change Orders and Time Extensions.

2. Care shall be exercised by the Contractor to prevent damage to adjacent existing facilities and public or private works; where equipment will pass over these obstructions, suitable planking shall be placed. If high priority subsurface installations are damaged and the operator cannot be contacted, the Contractor shall call 911 emergency services.

3. The City will compensate the Contractor for the costs of locating and repairing damage not due to the failure of the Contractor to exercise reasonable care, and for removing or relocating such main or trunk line utility facilities not indicated in the Contract Documents with reasonable accuracy, and for the cost of equipment on the Project necessarily idled during such work. The payment for such costs will be made as provided in Article 9.1 Change Orders and Time Extensions. The Contractor shall not be assessed liquidated damages for delay in completion of the Project, when such delay is caused by the failure of the City or utility company to provide for removal or relocation of such utility facilities. Requests for extensions of time arising out of utility relocation or repair delays shall be filed in accordance with Article 9.1 Change Orders and Time Extensions and Article 9.3 Time for Completion and Liquidated Damages.

4. The public utility, where it is the owner of the affected utility, shall have the sole discretion to perform repairs or relocation work or permit the Contractor to do such repairs or relocation work at a reasonable price. The right is reserved to the City and the owners of utilities or their authorized agents to enter upon the Work area for the purpose of making such changes as are necessary for the rearrangement of their facilities or for making necessary connections or repairs to their properties.

The Contractor shall cooperate with forces engaged in such work and shall conduct its operations in such a manner as to avoid any unnecessary delay or hindrance to the work being performed by such forces and shall allow the respective utilities time to relocate their facility.

5. When the Contract Documents indicate that a utility is to be relocated, altered or constructed by others, the City will conduct all negotiations with the utility company Packet Page. 995
Villasenor Library – Parking Lot Surfacing -61- 00 72 00 – GENERAL CONDITIONS Packet Page. 996
Villasenor Library – Parking Lot Surfacing -62- 00 72 00 – GENERAL CONDITIONS and the work will be done at no cost to the Contractor, unless otherwise stipulated in the Contract Documents.

6. Temporary or permanent relocation or alteration of utilities desired by the Contractor for its own convenience shall be the Contractor’s responsibility and it shall make arrangements and bear all costs for such work.

D. Construction at Existing Utilities

1. Where the Work to be performed crosses or otherwise interferes with water, sewer, gas, or oil pipelines; buried cable; or other public or private utilities, the Contractor shall perform construction in such a manner so that no damage will result to either public or private utilities. It shall be the responsibility of the Contractor to determine the actual locations of, and make accommodates to maintain, all utilities.

2. Before any utility is taken out of service, permission shall be obtained by the Contractor from the owner. The owner, any impacted resident or business owner and the City Representative will be advised of the nature and duration of the utility outage as well as the Contractor’s plan for providing temporary utilities if required by the owner. The Contractor shall be liable for all damage which may result from its failure to maintain utilities during the progress of the Work, and the Contractor shall indemnify City as required by the Contract Documents from all claims arising out of or connected with damage to utilities encountered during construction; damages resulting from disruption of service; and injury to persons or damage to property resulting from the negligent, accidental, or intentional breaching of utilities.

3. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to complete this work, shall be included in Contractor’s bid and distributed in the schedule of pay Items. No additional compensation shall be made to the Contractor for this work.

7.4 Trenches
A. Trenches Five Feet or More in Depth.

1. Contractor shall submit to the Engineer at the preconstruction meeting, a detailed plan showing the design of shoring, bracing, sloping or other provisions to be made for worker protection from hazards of caving ground during the excavation of any trench or trenches five feet or more in depth. If such plan varies from shoring system standards established by the Construction Safety Orders of the California Code of Regulations, Department of Industrial Relations, the plan shall be prepared by a California registered civil or structural engineer. The plan shall not be less effective than the shoring, bracing, sloping, or other provisions of the Construction Safety Orders, as defined in the California Code of Regulations. The Contractor shall designate in writing the “competent person” as defined in Title 8, California Code of Regulations, who shall be present at the Work Site each day that trenching/excavation is in progress. The “competent person” shall prepare and provide daily trenching/excavation inspection reports to the Engineer.

Contractor shall also submit a copy of its annual California Occupational Safety and Health Administration (Cal/OSHA) trench/excavation permit.

Packet Page. 997
Villasenor Library – Parking Lot Surfacing -62- 00 72 00 – GENERAL CONDITIONS Packet Page. 998
Villasenor Library – Parking Lot Surfacing -63- 00 72 00 – GENERAL CONDITIONS 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. The Contractor shall also ensure that businesses adjacent to the Work remain operational and that access to them is maintained throughout construction.

8.2 Construction Schedule.

A. General Requirements. The schedule shall be prepared in a Critical Path Method (“CPM”) format and in an electronic scheduling program acceptable to the City and as specified in the Contract Documents. Contractor shall deliver the schedule and all updates to the City in both paper and electronic form. The electronic versions Packet Page. 999
Villasenor Library – Parking Lot Surfacing -63- 00 72 00 – GENERAL CONDITIONS Packet Page. 1000
Villasenor Library – Parking Lot Surfacing -64- 00 72 00 – GENERAL CONDITIONS shall be in the format and include all data used to prepare the schedule. Copies are not acceptable.

B. Schedule. The receipt or approval of any schedules by the City shall not in any way relieve the Contractor of its obligations under the Contract Documents. The Contractor is fully responsible to determine and provide for any and all staffing and resources at levels which allow for good quality and timely completion of the Project.

Contractor’s failure to incorporate all elements of Work required for the performance of the Contract or any inaccuracy in the schedule shall not excuse the Contractor from performing all Work required for a completed Project within the specified Contract Time. If the required schedule is not received by the time the first payment under the Contract is due, Contractor shall not be paid until the schedule is received, reviewed and accepted by the City.

C. Schedule Contents. The schedule shall allow enough time for inclement weather.

The schedule shall indicate the beginning and completion dates of all phases of construction; critical path for all critical, sequential time related activities; and “float time” for all “slack” or “gaps” in the non-critical activities. The schedule shall include appropriate time allowances and constraints for submittals, items of interface with Work performed by others, and specified construction, start-up and performance tests. All float shall be owned by the Project. Schedules indicating early or late completion shall not modify or have any effect on the Contract Time, regardless of whether the schedules are reviewed and/or accepted by the City. For purposes of determining Liquidated Damages, the Contract Time shall control and may only be altered by a duly authorized Change Order.

D. Schedule Updates. Contractor shall continuously update its construction schedule.

Contractor shall submit an updated and accurate construction schedule to the City:
(1) prior to the start of construction, if there are any changes to the initial schedule; (2) with each progress payment request; and (3) whenever requested to do so by the City. The City may withhold progress payments or other amounts due under the Contract Documents if Contractor fails to submit an updated and accurate construction schedule. Upon the City’s request, Contractor shall submit any schedules or updates to the City in the native electronic format of the software used to create the schedule. Contractor shall also submit schedules showing a two-week detailed look-ahead at weekly meetings conducted with the City. The two-week lookahead schedule shall clearly identify all staffing and other resources which in the Contractor’s judgment are needed to complete the Work within the Contract Time, and it shall clearly state the number of staff to be used on each daily segment of the Work.

E. Acceptance. Acceptance of the schedules by the City will not impose on responsibility for accuracy, for sequencing, scheduling, or progress of the Work, or compliance with the Contract Documents. Acceptance will not interfere with or relieve Contractor from Contractor’s full responsibility therefor.

F. Recovery Schedule.

1. Should any of the following conditions exist, City may require Contractor to prepare, at no extra cost to City, a plan of action and a recovery schedule for Packet Page. 1001
Villasenor Library – Parking Lot Surfacing -64- 00 72 00 – GENERAL CONDITIONS Packet Page. 1002
Villasenor Library – Parking Lot Surfacing -65- 00 72 00 – GENERAL CONDITIONS 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 Contract for Construction shall commence: (1) on the date stated in the Notice to Proceed, or (2) if the Notice to Proceed does not specify a commencement date, then on the date of the Notice to Proceed and shall be completed by Contractor in the time specified in the Contract Documents. The City is under no obligation to consider early completion of the Project; and the Contract completion date shall not be amended by the City’s receipt or acceptance of the Contractor’s proposed earlier completion date. Any difference in time between the Contractor’s early completion Packet Page. 1003
Villasenor Library – Parking Lot Surfacing -65- 00 72 00 – GENERAL CONDITIONS Packet Page. 1004
Villasenor Library – Parking Lot Surfacing -66- 00 72 00 – GENERAL CONDITIONS and the Contract Time shall be considered a part of the Project float. Contractor shall not be entitled to compensation, and the City will not compensate Contractor, for delays which impact early completion. Contractor shall not, under any circumstances, receive additional compensation from the City (including but not limited to indirect, general, administrative or other forms of overhead costs) for the period between the time of earlier completion proposed by the Contractor and the Contract completion date.

B. Liquidated Damages. If the Work is not completed within the Contract Time(s), it is understood that the City will suffer damage. In accordance with Government Code section 53069.85 and Public Contract Code section 7102, being impractical and infeasible to determine the amount of actual damage, it is agreed that Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum stipulated in the Contract for each calendar day of delay until the Work is fully completed. Contractor and its surety shall be liable for any liquidated damages. Any money due or to become due the Contractor may be retained to cover liquidated damages.

C. Inclement Weather. Contractor shall abide by the Engineer’s determination of what constitutes inclement weather. Time extensions for inclement weather shall only be granted when the Work stopped during inclement weather is on the critical path of the Project schedule. Contractor shall not be entitled to reverse liquidated damages for time extensions resulting from inclement weather.

D. Extension of Time. Contractor’s entitlement to an extension of the Contract Time is limited to a City-caused extension of the critical path, reduced by the Contractor’s concurrent delays, and established by a proper time impact analysis. Contractor shall not be charged liquidated damages because of any delays in completion of the Work due to unforeseeable causes beyond the control and without the fault or negligence of Contractor (or its Subcontractors or Suppliers). The City shall ascertain the facts and extent of delay and grant extension of time for completing the Work when, in its judgment, the facts justify such an extension. Contractor shall not be entitled to an adjustment in the Contract Times for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor.

E. Reverse Liquidated Damages. Consistent with Public Contract Code Section 7102, Contractor will be compensated for damages incurred due to unreasonable delays to the critical path for which the City is responsible. The parties agree that determining Contractor’s exact delay damages are and will continue to be impracticable and extremely difficult. As such, for each calendar day in excess of the time for completion set forth in Article 2 of the Contract for Construction, the City shall pay to the Contractor the sum stipulated in the Contract per day. Such amount shall constitute the only payment allowed for any City-caused delays and shall necessarily include all overhead, all profits, all administrative costs, all bond costs, all labor, materials, equipment and rental costs and any other costs, expenses and fees incurred or sustained as a result of such delays. Contractor shall not be entitled to reverse liquidated damages for any change in the Work in which Contractor is compensated for overhead and profit through a change in Unit Price Work or a Change Order resulting in a lump sum or allowed mark-up for the additional Work.

Packet Page. 1005
Villasenor Library – Parking Lot Surfacing -66- 00 72 00 – GENERAL CONDITIONS Packet Page. 1006
Villasenor Library – Parking Lot Surfacing -67- 00 72 00 – GENERAL CONDITIONS The amount of reverse liquidated damages shall be reduced by Contractor’s concurrent delays.

F. Force Majeure. In accordance with subparagraphs “D” and “E” above, the Contractor shall not be charged liquidated damages, and the City shall not be responsible, for any delays resulting from a Force Majeure Event. If a delay to the critical path results from a Force Majeure Event, the Contractor will be entitled to a time extension but will not receive an adjustment to the Contract Price or any other compensation. Such a non-compensable adjustment shall be Contractor’s sole and exclusive remedy for such delays.

G. No Damages for Reasonable Delay. The City’s liability to Contractor for delays for which the City is responsible shall be limited to only an extension of time unless such delays were unreasonable under the circumstances. In no case shall the City be liable for any costs which are borne by the Contractor in the regular course of business, including, but not limited to, home office overhead and other ongoing costs. Damages caused by unreasonable City delay shall be based on actual costs only, no proportions or formulas shall be used to calculate any delay damages.

H. Procedure for Time Extensions and Delay Damages. Contractor shall not be entitled to any extension of time or any reverse liquidated damages unless Contractor properly notices the delay and adjustment to compensation and requests a Change Order in accordance with Article 9.1 Change Orders and Time Extensions.

Contractor’s failure to timely and fully comply with the Change Order procedures in the Contract Documents shall constitute a waiver of Contractor’s right to a time extension or reverse liquidated damages.

8.4 Contractor’s Responsibility for Work.

A. Until the acceptance of the Work by the Engineer as evidenced in writing, it shall be under the charge and care of the Contractor. The Contractor shall take every necessary precaution against injury or damage to any part thereof by the action of the elements or from any cause whether arising from the execution or non-execution of the Work. The Contractor shall rebuild, repair, restore and make good at its own expense all injuries or damages to any portion of the Work before its completion and acceptance. In the event of damage proximately caused by an Act of God, as defined by Section 7105 of the Public Contract Code, the City will pay for repair or restoration to damaged Work in excess of 5% of the total Bid.

8.5 Occupancy.

A. The City reserves the right to occupy or utilize any portion of the Work at any time before completion, and such occupancy or use shall not constitute acceptance of any part of Work covered by this Contract. This use shall not relieve the Contractor of its responsibilities under the Contract.

8.6 Securities for Money Withheld
A. Pursuant to section 22300 of the Public Contract Code of the State of California, Contractor may request the City to make retention payments directly to an escrow agent or may substitute securities for any money withheld by the City to ensure Packet Page. 1007
Villasenor Library – Parking Lot Surfacing -67- 00 72 00 – GENERAL CONDITIONS Packet Page. 1008
Villasenor Library – Parking Lot Surfacing -68- 00 72 00 – GENERAL CONDITIONS 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.

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 Packet Page. 1009
Villasenor Library – Parking Lot Surfacing -68- 00 72 00 – GENERAL CONDITIONS Packet Page. 1010
Villasenor Library – Parking Lot Surfacing -69- 00 72 00 – GENERAL CONDITIONS adjudged a bankrupt, or if it should make a general assignment for the benefit of its creditors, or if a receiver should be appointed on account of its insolvency, or the Contractor or any of its subcontractors should violate any of the provisions of this Contract, the City may serve written notice upon the Contractor and its surety of the City's intention to terminate this Contract. This notice of intent to terminate shall contain the reasons for such intention to terminate this Contract, and a statement to the effect that the Contractor's right to perform this Contract shall cease and terminate upon the expiration of ten (10) Days unless such violations have ceased and arrangements satisfactory to the City have been made for correction of said violations.

2. After expiration of the ten (10) Day period, the City may terminate the Contract by providing a Notice of Termination to the Contractor. The City may take over and complete the Work by any method it may deem appropriate, including enforcement of the Project performance bond. Contractor and its surety shall be liable to the City for any excess costs or other damages incurred by the City to complete the Work. If the City takes over the Work, the City may, without liability for so doing, take possession of and utilize in completing the Work such materials, appliances, plant, and other property belonging to the Contractor as may be on the Site.

3. Upon termination, Contractor shall not be entitled to receive any further payment from the City, except for Work which was duly performed prior to the effective date of the Notice of Termination. Contractor shall submit an invoice for final payment within thirty (30) Days of the effective date of the Notice of Termination. The City may withhold from final payment up to 150% of any disputed amounts, including any amounts which may be necessary to repair defective Work, complete unfinished Work, or are otherwise occasioned by Contractor’s failure to perform its duties under the Contract.

C. Termination for Convenience by the City:

1. The City may terminate performance of the Work called for by the Contract Documents in whole or, from time to time, in part, upon ten (10) Days written notice if the City determines that a termination is in the City's interest.

2. The Contractor shall terminate all or any part of the Work upon delivery to the Contractor of a Notice of Termination specifying that the termination is for the convenience of the City, the extent of termination, and the effective date of such termination.

3. After receipt of Notice of Termination, and except as directed by the City's Representative, the Contractor shall, regardless of any delay in determining or adjusting any amounts due under this termination for convenience clause, immediately proceed with the following obligations:
a. Stop Work as specified in the Notice.
b. Complete any Work specified in the Notice of Termination in a least cost/shortest time manner while still maintaining the quality called for under the Contract Documents.

Packet Page. 1011
Villasenor Library – Parking Lot Surfacing -69- 00 72 00 – GENERAL CONDITIONS Packet Page. 1012
Villasenor Library – Parking Lot Surfacing -70- 00 72 00 – GENERAL CONDITIONS c. Leave the property upon which the Contractor was working and upon which the facility (or facilities) forming the basis of the Contract Document is situated in a safe and sanitary manner such that it does not pose any threat to the public health or safety.
d. Terminate all subcontracts to the extent that they relate to the portions of the Work terminated.
e. Place no further subcontracts or orders, except as necessary to complete the continued portion of the Contract.
f. Submit to the City's Representative, within ten (10) Days from the effective date of the Notice of Termination, all of the usual documentation called for by the Contract Documents to substantiate all costs incurred by the Contractor for labor, materials and equipment through the effective date of the Notice of Termination. Any documentation substantiating costs incurred by the Contractor solely as a result of the City's exercise of its right to terminate this Contract pursuant to this clause, which costs the contractor is authorized under the Contract documents to incur, shall: (1) be submitted to and received by the Engineer no later than 30 Days after the effective date of the Notice of Termination; (2) describe the costs incurred with particularity; and (3) be conspicuously identified as “Termination Costs occasioned by the City's Termination for Convenience.” If the City rejects any costs, Contractor shall be deemed to waive the rejected costs unless Contractor files a Claim within thirty (30) Days of the rejection pursuant to Article 9.2.
g. Contractor shall be entitled to receive only the amounts payable under this Article, and Contractor specifically waives any claim for any other amounts or damages, including, but not limited to, any claim for consequential damages or lost profits. The provisions in this Article are in addition to and not in limitation of any other rights or remedies available to the City.

4. Termination of the Contract shall not relieve surety of its obligation for any just claims arising out of or relating to the Work performed.

5. Notwithstanding any other provision of this Article, when immediate action is necessary to protect life and safety or to reduce significant exposure or liability, the City may immediately order Contractor to cease Work on the Project until such safety or liability issues are addressed to the satisfaction of the City or the Contract is terminated.

6. If the City terminates Contractor for cause, and if it is later determined that the termination was wrongful, such default termination shall automatically be converted to and treated as a termination for convenience. In such event, Contractor shall be entitled to receive only the amounts payable under this section, and Contractor specifically waives any claim for any other amounts or damages, including, but not limited to, any claim for consequential damages or lost profits.

Packet Page. 1013
Villasenor Library – Parking Lot Surfacing -70- 00 72 00 – GENERAL CONDITIONS Packet Page. 1014
Villasenor Library – Parking Lot Surfacing -71- 00 72 00 – GENERAL CONDITIONS

8.8 Completion and Acceptance of Work
A. Final Inspection. Upon written notice from Contractor that the entire Work is complete, the Engineer will promptly make a final inspection with the City and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies.

B. Final Acceptance. The acceptance of the Work on behalf of the City will be made by the Engineer. Such acceptance by the City shall not constitute a waiver of defects.

After Contractor has, in the opinion of the Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, Record Documents, and other documents required by the Contract Documents, the City shall execute a Notice of Completion, constituting final acceptance and completion of the Project, except as may be expressly noted.

8.9 Warranty and Guaranty of Work.

A. Contractor hereby warrants that materials and Work shall be completed in conformance with the Contract Documents and that the materials and Work provided will fulfill the requirements of this Warranty. Contractor hereby agrees to repair or replace, at the discretion of the City, any or all Work that may prove to be defective in its workmanship, materials furnished, methods of installation or fail to conform to the Contract Document requirements together with any other Work which may be damaged or displaced by such defect(s) within a period of one (1) year (or as otherwise indicated in the Contract Documents or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) from the date of the Notice of Completion of the Project without any expense whatever to the City, ordinary wear and tear and unusual abuse and neglect excepted. Contractor shall be required to promptly repair or replace defective equipment or materials, at Contractor’s option. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor.

B. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one (1) year period, commencing with the date of acceptance of such corrected Work. The reinstatement of the one (1) year warranty shall apply only to that portion of work that was corrected. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. In the event of Contractor’s failure to comply with the above-mentioned conditions within ten (10) Days after being notified in writing of required repairs, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder immediately upon demand.

Packet Page. 1015
Villasenor Library – Parking Lot Surfacing -71- 00 72 00 – GENERAL CONDITIONS Packet Page. 1016
Villasenor Library – Parking Lot Surfacing -72- 00 72 00 – GENERAL CONDITIONS C. In addition to the warranty set forth in this Article, Contractor shall obtain for the City all warranties that would be given in normal commercial practice and assign to the City any and all manufacturer’s or installer’s warranties for equipment or materials not manufactured by Contractor and provided as part of the Work, to the extent that such third-party warranties are assignable and extend beyond the warranty period set forth in this Article. Contractor shall furnish the City with all warranty and guarantee documents prior to final acceptance of the Project by the City as required.

D. When specifically indicated in the Contract Documents or when directed by the Engineer, the City may furnish materials or products to the Contractor for installation.

In the event any act or failure to act by Contractor shall cause a warranty applicable to any materials or products purchased by the City for installation by the Contractor to be voided or reduced, Contractor shall indemnify the City from and against any cost, expense, or other liability arising therefrom, and shall be responsible to the City for the cost of any repairs, replacement or other costs that would have been covered by the warranty but for such act or failure to act by Contractor.

E. The Contractor shall remedy at its expense any damage to City-owned or controlled real or personal property.

F. The City shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage. The Contractor shall within ten (10) Days after being notified commence and perform with due diligence all necessary Work.

If the Contractor fails to promptly remedy any defect or damage, the City shall have the right to replace, repair or otherwise remedy the defect, or damage at the Contractor’s expense.

G. In the event of any emergency constituting an immediate hazard to health, safety, property, or licensees, when caused by Work of the Contractor not in accordance with the Contract requirements, the City may undertake at Contractor’s expense, and without prior notice, all Work necessary to correct such condition.

H. Acceptance of Defective Work.

1. If, instead of requiring correction or removal and replacement of defective Work, the City prefers to accept it, the City may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to the City’s evaluation of and determination to accept such defective Work and for the diminished value of the Work. If any acceptance of Defective Work occurs prior to release of the Project retention, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and the City shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work and all costs incurred by the City. If the acceptance of defective occurs after release of the Project retention, an appropriate amount will be paid by Contractor to the City.

I. The City May Correct Defective Work
Packet Page. 1017
Villasenor Library – Parking Lot Surfacing -72- 00 72 00 – GENERAL CONDITIONS Packet Page. 1018
Villasenor Library – Parking Lot Surfacing -73- 00 72 00 – GENERAL CONDITIONS

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.

ARTICLE 9 -CHANGE ORDERS; DISPUTE RESOLUTION

9.1 Change Orders and Time Extensions
All changes to the Contract, including compensation increases and time extensions, shall be through a written Change Order in accordance with this Article. The City, without invalidating the Contract, may order changes in the Work consisting of additions, deletions or other revisions, and Contractor’s compensation and the time for completion shall be adjusted accordingly. Whenever any change is made as provided for herein, such change shall be considered and treated as though originally included in the Contract, and shall be subject to all terms, conditions, and Packet Page. 1019
Villasenor Library – Parking Lot Surfacing -73- 00 72 00 – GENERAL CONDITIONS Packet Page. 1020
Villasenor Library – Parking Lot Surfacing -74- 00 72 00 – GENERAL CONDITIONS provisions of the original Contract. Contractor shall not be entitled to claim or bring suit for damages, whether for loss of profits or otherwise, on account of any decrease or omission of any item or portion of Work to be done. No dispute, disagreement, or failure of the parties to reach agreement on the terms of the Change Order shall relieve the Contractor from the obligation to proceed with performance of the Work, including Additional Work, promptly and expeditiously.

Any alterations, extensions of time, Additional Work, or any other changes may be made without securing consent of the Contractor’s surety or sureties.

A. Change in Contract Procedures

1. City Directive. The City may direct changes in the Work by delivering a written directive. To the extent the work directive results in a change to compensation or time, Contractor must timely request a Change Order and comply with all Change Order procedures in accordance with this Article. Notwithstanding issuance of a work directive, Contractor’s failure to timely request a Change Order shall constitute a waiver by Contractor of any adjustment to compensation or time extension for Work performed under the directive. The City shall not be liable to Contractor for Work performed or omitted by Contractor in reliance on verbal orders.

2. Contractor’s Notice of Change/Delay. If Contractor intends to initiate a Change Order Request, then Contractor shall provide the City with written notice of the underlying facts and circumstances that gave rise to the proposed change within the following times:
a. If due to unknown subsurface or latent physical conditions, within three (3) days from the discovery date or prior to the alterations of the conditions, whichever is earlier.
b. If due to a Force Majeure Event, as soon as reasonably practicable under the conditions, which shall be no longer than three (3) days from the date the Contractor discovers that the Force Majeure Event gives rise to a change, unless that the conditions are such that notice within three (3) days is not possible or practicable.
c. If due to any other matter that may involve an adjustment to the Contract Time or the Contract Price, within seven (7) days from the discovery date.

To be considered valid and complete, the notice of change/delay shall include a general statement of the circumstances giving rise to the notice of change/delay and a reasonable order of magnitude estimate of the additional costs and/or time. If the circumstances give rise to both a cost adjustment and time extension, Contractor shall submit the notice of change and notice of delay concurrently.

3. Request for Change in Compensation and/or Extension of Time. Contractor shall submit a Change Order Request for any adjustment to Contractor’s compensation and/or any extension of time. The Change Order Request shall be made prior to incurring any expense and within fourteen (14) Days from either Contractor’s notice of change/delay or the City’s directive ordering the change. The Change Packet Page. 1021
Villasenor Library – Parking Lot Surfacing -74- 00 72 00 – GENERAL CONDITIONS Packet Page. 1022
Villasenor Library – Parking Lot Surfacing -75- 00 72 00 – GENERAL CONDITIONS Order Request shall include all of the following information (unless inapplicable to the change):
a. A detailed description of the circumstances giving rise to the request;
b. A complete itemized cost proposal, including itemized pricing for first tier Subcontractors;
c. Supporting documentation for all costs;
d. A time impact analysis showing the impact of the delay to the critical path to completion;
e. If any added costs or information cannot be determined at the time of the Change Order Request, the reason the costs or information cannot be determined at the time; and
f. Certification to the accuracy of the Change Order Request under penalty of perjury.

The time impact analysis shall be in the critical path method format and shall show the sequencing of all critical and non-critical new activities and/or activity revisions affected by the delay, with logic ties to all affected existing activities noted on the schedule.

The City may demand, and Contractor shall provide, any additional information supporting the Change Order Request, including but not limited to native electronic format version of schedules and time impact analyses. Contractor shall provide the requested additional information within five (5) Days of the request.

For any costs or information that cannot be determined at the time Contractor submits the Change Order Request, Contractor shall submit to the City notice of the costs or information and all supporting documentation within five (5) Days of when the costs or other information become subject to determination.

4. City’s Final Decision on Change Order; Ordered Changes. If the City denies the Change Order Request or disagrees with the proposal submitted by Contractor, it will notify the Contractor, and the City will provide its opinion of the appropriate price and/or time extension. If no agreement can be reached, the City shall have the right to order the Work performed on a time and materials basis or to issue a unilateral Change Order setting forth the City’s determination of the reasonable additions or savings in costs and time attributable to the extra or deleted work. The City shall also have the right to order changes in the Work to be performed promptly by the Contractor on a time and materials basis or to issue a unilateral Change Order setting forth the City’s determination of the reasonable additions or savings in costs and time attributable to the extra or deleted work. The City’s determination shall become final and binding if the Contractor fails to submit a Claim in writing to the City within fourteen (14) Days of the issuance of the Packet Page. 1023
Villasenor Library – Parking Lot Surfacing -75- 00 72 00 – GENERAL CONDITIONS Packet Page. 1024
Villasenor Library – Parking Lot Surfacing -76- 00 72 00 – GENERAL CONDITIONS unilateral Change Order, disputing the terms of the unilateral Change Order and providing such supporting documentation for its position as the City may reasonably require.

5. Contractor’s Waiver of Further Relief. CONTRACTOR’S FAILURE TO PROVIDE

A COMPLETE AND TIMELY NOTICE OF CHANGE/DELAY AND/OR CHANGE

ORDER REQUEST, OR TO COMPLY WITH ANY OTHER REQUIREMENT OF

THIS ARTICLE, SHALL CONSTITUTE A WAIVER BY CONTRACTOR OF THE

RIGHT TO A CONTRACT ADJUSTMENT ON ACCOUNT OF SUCH

CIRCUMSTANCES AND A WAIVER OF ANY RIGHT TO FURTHER RECOURSE

OR RECOVERY BY REASON OF OR RELATED TO SUCH CHANGE BY

MEANS OF THE CLAIMS DISPUTE RESOLUTION PROCESS OR BY ANY

OTHER LEGAL PROCESS OTHERWISE PROVIDED FOR UNDER
APPLICABLE LAWS.

Contractor recognizes and acknowledges that timely submission of a formal written notice of change/delay and Change Order Request, whether or not the circumstances of the change may be known to the City or available to the City through other means, is not a mere formality but is of crucial importance to the ability of the City to promptly identify, prioritize, evaluate and mitigate the potential effects of changes. Any form of informal notice, whether verbal or written (including, without limitation, statements in requests for information, statements in Submittals, statements at any job meeting or entries on monthly reports, daily logs or job meeting minutes), that does not strictly comply with the formal requirements of this Article, shall accordingly be insufficient.

6. Change Order Format
a. A Change Order signed by the Contractor indicates the Contractor's agreement therewith, including any adjustment in compensation or extension of time, and the full and final settlement of all costs (direct, indirect and overhead) related to the Work authorized by the Change Order.
b. The City may designate the forms to be used for notices, requests, and Change Orders. If so designated, Contractor may only use such forms. Contractor shall not reserve a right to assert impact costs, extended job site costs, extended overhead, constructive acceleration and/or actual acceleration beyond what is stated in the Change Order. No Claims shall be allowed for impact, extended overhead costs, constructive acceleration and/or actual acceleration due to a multiplicity of changes and/or clarifications. The Contractor may not change or modify the City’s Change Order form in an attempt to reserve additional rights.

B. Determining Adjustments to Compensation.

1. Limitation on Costs. Contractor shall not be entitled to any compensation for Work subject to a Change Order except as expressly set forth in this Article. The markup added in instances of Additional Work shall constitute the entire amount of profit, any mark-ups, any field or home office overhead costs, including personnel, equipment or office space, any materials, or any costs of equipment idle time for such Work.

Packet Page. 1025
Villasenor Library – Parking Lot Surfacing -76- 00 72 00 – GENERAL CONDITIONS Packet Page. 1026
Villasenor Library – Parking Lot Surfacing -77- 00 72 00 – GENERAL CONDITIONS

2. Unit Price Change Orders. When the actual quantity of a Unit Price Work item varies from the Bid Schedule, compensation for the change in quantity will be calculated by multiplying the actual quantity by the unit price. This calculation may result in either an additive or deductive Change Order. Bid items included on the Bid Schedule may be deducted from the Work in their entirety without any negotiated extra costs. Because Unit Price Work includes overhead and profit as determined by Contractor at the time of its Bid submission, no mark up or deduction for overhead and profit will be allowed.

3. Lump Sum Change Orders. Whenever possible, any changes affecting compensation shall be in a lump sum mutually agreed by the Contractor and the City.

4. Time and Materials Change Orders. The City may direct the Contractor to proceed with the Additional Work with payment to be made on the basis of actual cost of the labor and materials required to complete the Additional Work. If the Project is federally funded, a time and materials Change Order shall only be issued after a determination that no other Change Order is suitable and the Change Order shall include a ceiling price that the Contractor exceeds at its own risk.

5. Federally Funded Projects. For any change in price to the Contract, general and administrative expenses shall be negotiated and must conform to the cost principles set forth under at 2 C.F.R. Part 200, subpart E, and profit shall be negotiated as a separate element of the cost. To establish a fair and reasonable profit, consideration must be given to the complexity of the Additional Work to be performed, the risk borne by the Contractor, the Contractor's investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work.

6. Allowed Costs. Estimates for lump sum quotations and accounting for time-andmaterial work shall be limited to direct expenditures necessitated specifically by the change and shall be segregated as follows:
a. Labor. The costs of labor will be the actual cost for wages prevailing locally for each craft or type of worker at the time the Additional Work is done, plus employer payments of payroll taxes and insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs resulting from federal, state or local laws, as well as assessment or benefits required by lawful collective bargaining agreements. The use of a labor classification which would increase the Additional Work cost will not be permitted unless the Contractor establishes the necessity for such additional costs. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental.
b. Materials. The cost of materials reported shall be at the lowest current price at which such materials are locally available in the quantities involved, plus sales tax, freight and delivery. Materials costs shall be based upon supplier or manufacturer’s invoice.
c. Tool and Equipment Use. Regardless of ownership, the rates to be used in determining equipment use shall not exceed listed rates prevailing locally at Packet Page. 1027
Villasenor Library – Parking Lot Surfacing -77- 00 72 00 – GENERAL CONDITIONS Packet Page. 1028
Villasenor Library – Parking Lot Surfacing -78- 00 72 00 – GENERAL CONDITIONS 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 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.

Packet Page. 1029
Villasenor Library – Parking Lot Surfacing -78- 00 72 00 – GENERAL CONDITIONS Packet Page. 1030
Villasenor Library – Parking Lot Surfacing -79- 00 72 00 – GENERAL CONDITIONS (iv) For Work performed by a sub-subcontractor, the added cost for overhead and profit shall not exceed fifteen percent (15%) of the subsubcontractor’s Net Cost for Work to which the Subcontractor and Contractor may each add up to an additional five percent (5%) of the Net Cost of the lower tier subcontractor.
(v) No additional mark-up will be allowed for lower tier subcontractors, and in no case shall the added cost for overhead and profit payable by the City exceed twenty-five percent (25%) of the Net Cost as defined herein, of the party that performs the Work.
(vi) Calculation of the mark-up will be subject to the limitations above and to calculation as further detailed in (b)(B)(5) above.
e. Documentation of Time-and-Material Costs.
(i) T&M Daily Sheets. Contractor must submit timesheets, materials invoices, records of equipment hours, and records of rental equipment hours to the City’s for an approval signature each day that Work is performed on a time-and-material basis. The Engineer’s signature on time sheets only serves as verification that the Work was performed and is not indicative of the City’s agreement to Contractor’s entitlement to the cost.
(ii) T&M Summary Sheet. Contractor shall submit a T&M Summary Sheet, which shall include total actual costs, within five (5) Days following completion of Additional Work on a time-and-material basis.

Contractor’s total actual cost shall be presented in a summary table in an electronic spreadsheet file by labor, material, equipment, and any other costs, along with documentation supporting the costs.

Contractor’s failure to submit the T&M Summary Sheet within five (5) Days of completion of the Additional Work will result in Contractor’s waiver for any reimbursement of any costs associated with the Additional Work.
f. Excluded Costs. The following costs or any other home or field office overhead costs, all of which are to be considered administrative costs covered by the Contractor’s mark-up, shall not be allowed costs and shall not be included in any lump sum proposals or time-and-materials invoices:
(i) Overhead Cost. Payroll costs and other compensation of Contractor’s officers, executives, principals, general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, timekeepers, clerks, and other personnel employed by Contractor whether at the Site or in Contractor’s principal office or any branch office, material yard, or shop for general administration of the Work;
(ii) Office Expenses. Expenses of Contractor’s principal and branch offices;
Packet Page. 1031
Villasenor Library – Parking Lot Surfacing -79- 00 72 00 – GENERAL CONDITIONS Packet Page. 1032
Villasenor Library – Parking Lot Surfacing -80- 00 72 00 – GENERAL CONDITIONS (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 Documents; including but not limited to: submittals, drawings, field drawings, shop drawings, including submissions of drawings; field inspection; general superintendence; computer services; reproduction services; salaries of project engineer, superintendent, timekeeper, storekeeper, and secretaries; janitorial services; small tools, incidentals and consumables; temporary on-site facilities (offices, telephones, high speed internet access, plumbing, electrical power, lighting; platforms, fencing, water); surveying; estimating; protection of work; handling and disposal fees; final cleanup; other incidental work; related warranties; insurance and bond premiums.
(xi) Compliance with Federal Cost Principles. If the Project is federally funded, any costs that are not allowable, reasonable and allocable to the Project, under generally accepted accounting principles and the applicable federal requirements.

Packet Page. 1033
Villasenor Library – Parking Lot Surfacing -80- 00 72 00 – GENERAL CONDITIONS Packet Page. 1034
Villasenor Library – Parking Lot Surfacing -81- 00 72 00 – GENERAL CONDITIONS

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.

A “Claim” does not include any demand for payment for which the Contractor has failed to provide notice, request a Change Order, or otherwise failed to follow any procedures contained in the Contract Documents.

C. Filing Claims. Claims governed by this Article may not be filed unless and until the Contractor completes any and all requirements of the Contract Documents pertaining to notices and requests for changes to the Contract Time or Contract Price, and Contractor’s request for a change has been denied in whole or in part.

Claims governed by this Article must be filed no later than thirty (30) Days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim. The Claim shall be submitted in writing to the City and shall include on its first page the following words in 16 point capital font: “THIS IS A CLAIM.” The Claim shall include the all information and documents necessary to substantiate the Claim, including but not limited to those identified below. Nothing in this Article is intended to extend the time limit or supersede notice requirements otherwise provided by Contract Documents. Failure to follow such contractual requirements shall bar any Claims or subsequent proceedings for compensation or payment thereon.

Packet Page. 1035
Villasenor Library – Parking Lot Surfacing -81- 00 72 00 – GENERAL CONDITIONS Packet Page. 1036
Villasenor Library – Parking Lot Surfacing -82- 00 72 00 – GENERAL CONDITIONS D. Documentation. The Contractor shall submit all Claims in the following format:

1. Summary description of Claim including basis of entitlement, merit and amount of time or money requested, with specific reference to the Contract Document provisions pursuant to which the Claim is made

2. List of documents relating to Claim:
a. Specifications
b. Drawings
c. Clarifications (Requests for Information)
d. Schedules
e. Other

3. Chronology of events and correspondence

4. Narrative analysis of Claim merit

5. Analysis of Claim cost, including calculations and supporting documents

6. Time impact analysis in the form required by the Contract Documents or, if the Contract Documents do not require a particular format, CPM format, if an adjustment of the Contract Time is requested
E. City’s Response. Upon receipt of a Claim pursuant to this Article, the City shall conduct a reasonable review of the Claim and, within a period not to exceed 45 Days, shall provide the Contractor a written statement identifying what portion of the Claim is disputed and what portion is undisputed. Any payment due on an undisputed 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 Packet Page. 1037
Villasenor Library – Parking Lot Surfacing -82- 00 72 00 – GENERAL CONDITIONS Packet Page. 1038
Villasenor Library – Parking Lot Surfacing -83- 00 72 00 – GENERAL CONDITIONS less than $50,000, within 15 Days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.

F. Meet and Confer. If the Contractor disputes the City’s written response, or the City fails to respond within the time prescribed, the Contractor may so notify the City, in writing, either within 15 Days of receipt of the City’s response or within 15 Days of the City’s failure to respond within the time prescribed, respectively, and demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, the City shall schedule a meet and confer conference within 30 Days for settlement of the dispute.

G. Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the Claim or any portion of the Claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the Claim shall be processed and made within 60 Days after the City issues its written statement. Any disputed portion of the Claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The public entity and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the Claim has been identified in writing, unless the parties agree to select a mediator at a later time.

1. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the Claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.

2. For purposes of this Article, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this Article.

3. Unless otherwise agreed to by the City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.

4. The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved Claims shall be considered jointly in a single mediation, unless a new unrelated Claim arises after mediation is completed.

H. Procedures After Mediation. If following the mediation, the Claim or any portion remains in dispute, the Contractor must file a Claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code prior to initiating litigation.

For purposes of those provisions, the running of the period of time within which a Claim must be filed shall be tolled from the time the Contractor submits his or her Packet Page. 1039
Villasenor Library – Parking Lot Surfacing -83- 00 72 00 – GENERAL CONDITIONS Packet Page. 1040
Villasenor Library – Parking Lot Surfacing -84- 00 72 00 – GENERAL CONDITIONS written Claim pursuant to subdivision (a) until the time the Claim is denied, including any period of time utilized by the meet and confer conference.

I. Civil Actions. The following procedures are established for all civil actions filed to resolve Claims of $375,000 or less:

1. Within 60 Days, but no earlier than 30 Days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of this Contract. The mediation process shall provide for the selection within 15 Days by both parties of a disinterested third person as mediator, shall be commenced within 30 Days of the submittal, and shall be concluded within 15 Days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.

2. If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.

J. Government Code Claim Procedures.

1. This Article does not apply to tort claims and nothing in this Article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commending with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.5 of Title 1 of the Government Code.

2. In addition to any and all requirements of the Contract Documents pertaining to notices of and requests for adjustment to the Contract Time, Contract Price, or compensation or payment for Additional Work, disputed Work, construction claims and/or changed conditions, the Contractor must comply with the claim procedures set forth in Government Code Section 900, et seq. prior to filing any lawsuit against the City.

3. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to adjustment of the Contract Time or Contract Price for Additional Work, disputed Work, construction claims, and/or changed conditions have been followed by Contractor. If Contractor does not comply with the Government Code claim procedure or the prerequisite contractual requirements, Contractor may not file any action against the City.

Packet Page. 1041
Villasenor Library – Parking Lot Surfacing -84- 00 72 00 – GENERAL CONDITIONS Packet Page. 1042
Villasenor Library – Parking Lot Surfacing -85- 00 72 00 – GENERAL CONDITIONS

4. A Government Code claim must be filed no earlier than the date the Work is completed or the date the Contractor last performs Work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved Claims known to Contractor or that should reasonably by known to Contractor excepting only new unrelated Claims that arise after the Government Code claim is submitted.

K. Non-Waiver. The City’s failure to respond to a Claim from the Contractor within the time periods described in this Article or to otherwise meet the time requirements of this Article shall result in the Claim being deemed rejected in its entirety, and shall not constitute a waiver of any rights under this Article.

ARTICLE 10 - MEASUREMENT; PAYMENT

10.1 Cost Breakdown.

A. Lump Sum Work.

1. Contractor shall furnish on forms approved by the City within ten (10) Days of the Notice to Proceed, a schedule of values allocating the entire Contract Price to the various portions of the Work and prepared in such a form and supported by such data to substantiate its accuracy as the Engineer may require. This schedule of values, unless objected to by the Engineer, shall be used as a basis for reviewing the Contractor’s applications for payment. Contractor shall submit the schedule of values prior to submitting its first application for payment, and the City will not issue any payment until it receives and approves the schedule of values.

B. Unit Price Work.

1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work multiplied by the estimated quantity of each item as indicated in the Contract. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor’s overhead and or profit for each separately identified item.

2. Unless otherwise specified, payment will be based on the actual quantities of Work as verified and approved by the Engineer, based on the price per unit as set forth in the Bid.

3. The City or Contractor may initiate a Change Order or Change Order Request to adjust the Contract Price in accordance with Contractor Documents based on actual quantities of Unit Price Work. The City or Contractor may make a claim for an adjustment in the Unit Price in accordance with the Contract Documents if:
a. the quantity of any item of Unit Price Work performed by Contractor differs by twenty-five percent (25%) or more from the estimated quantity of such item indicated in the Contract; and
Packet Page. 1043
Villasenor Library – Parking Lot Surfacing -85- 00 72 00 – GENERAL CONDITIONS Packet Page. 1044
Villasenor Library – Parking Lot Surfacing -86- 00 72 00 – GENERAL CONDITIONS b. there is no corresponding adjustment with respect to any other item of Work; and
c. Contractor believes that Contractor is entitled to an increase in unit price as a result of having incurred additional expense or the City believes that the City is entitled to a decrease in unit price and the parties are unable to agree as to the amount of any such increase or decrease.

10.2 Progress Estimates and Payment.

A. By the tenth (10th) Day of the following calendar month, Contractor shall submit to Engineer a payment request which shall set forth in detail the value of the Work done for the period beginning with the date Work was first commenced and ending on the end of the calendar month for which the payment request is prepared. Contractor shall include an adjusted list of actual quantities, verified by the Engineer, for unit price items listed, if any, in the Bid. Contractor shall include any amount earned for authorized Additional Work. Contractor shall certify under penalty of perjury, that all cost breakdowns and periodic estimates accurately reflect the Work on the Project.

B. From the total thus computed, a deduction shall be made in the amount of five percent (5%) for retention, except where the City has adopted a finding that the Work done under the Contract is substantially complex, and then the amount withheld as retention shall be the percentage specified in the Notice Inviting Bids. From the remainder a further deduction may be made in accordance with Section C below.

The amount computed, less the amount withheld for retention and any amounts withheld as set forth below, shall be the amount of the Contractor’s payment request.

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.

Packet Page. 1045
Villasenor Library – Parking Lot Surfacing -86- 00 72 00 – GENERAL CONDITIONS Packet Page. 1046
Villasenor Library – Parking Lot Surfacing -87- 00 72 00 – GENERAL CONDITIONS

10. Failure to comply with Contract Documents.

11. Liquidated damages.

12. Legally permitted penalties.

D. The City may apply such withheld amount or amounts to payment of such claims or obligations at its discretion with the exception of subsections (C)(1), (3), and (5) of this Article, which must be retained or applied in accordance with applicable law. In so doing, the City shall be deemed the agent of Contractor and any payment so made by the City shall be considered as a payment made under contract by the City to Contractor and the City shall not be liable to Contractor for such payments made in good faith. Such payments may be made without prior judicial determination of claim or obligations. The City will render Contractor a proper accounting of such funds disbursed on behalf of Contractor.

E. Upon receipt, the Engineer shall review the payment request to determine whether it is undisputed and suitable for payment. If the payment request is determined to be unsuitable for payment, it shall be returned to Contractor as soon as practicable but not later than seven (7) Days after receipt, accompanied by a document setting forth in writing the reasons why the payment request is not proper. The City shall make the progress payment within 30 Days after the receipt of an undisputed and properly submitted payment request from Contractor, provided that a release of liens and claims has been received from the Contractor pursuant to Civil Code section 8132. The number of days available to the City to make a payment without incurring 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.

Packet Page. 1047
Villasenor Library – Parking Lot Surfacing -87- 00 72 00 – GENERAL CONDITIONS Packet Page. 1048
Villasenor Library – Parking Lot Surfacing -88- 00 72 00 – GENERAL CONDITIONS C. Unless Contractor advises the City in writing prior to acceptance of the final five percent (5%) or the percentage specified in the Notice Inviting Bids where the City has adopted a finding of completion, or the return of securities held as described herein, said acceptance shall operate as a release to the City of all claims and all liability to Contractor for all things done or furnished in connection with this Work and for every act of negligence of the City and for all other claims relating to or arising out of this Work. If Contractor advises the City in writing prior to acceptance of final payment or return of the securities that there is a dispute regarding the amount due the Contractor, the City may pay the undisputed amount contingent upon the Contractor furnishing a release of all undisputed claims against the City with the disputed claims in stated amounts being specifically excluded by Contractor from the operation of the release. No payments, however, final or otherwise, shall operate to release Contractor or its sureties from the Faithful Performance Bond, Labor and Material Payment Bond, or from any other obligation under this Contract.

D. In case of suspension of the Contract any unpaid balance shall be and become the sole and absolute property of the City to the extent necessary to repay the City any excess in the cost of the Work above the Contract Price.

E. Final payment shall be made no later than 60 Days after the date of acceptance of the Work by the City or the date of occupation, beneficial use and enjoyment of the Work by the City including any operation only for testing, start-up or commissioning accompanied by cessation of labor on the Work, provided that a release of liens and claims has been received from the Contractor pursuant to Civil Code section 8136.

In the event of a dispute between the City and the Contractor, the City may withhold from the final payment an amount not to exceed 150% of the disputed amount.

F. Within ten (10) Days from the time that all or any portion of the retention proceeds are received by Contractor, Contractor shall pay each of its Subcontractors from whom retention has been withheld each Subcontractor’s share of the retention received. However, if a retention payment received by Contractor is specifically designated for a particular Subcontractor, payment of the retention shall be made to the designated Subcontractor if the payment is consistent with the terms of the subcontract.

ARTICLE 11 - MISCELLANEOUS

11.1 Patents.

A. Contractor shall hold and save the City, officials, officers, employees, and authorized volunteers harmless from liability of any nature or kind of claim therefrom including costs and expenses for or on account of any patented or unpatented invention, article or appliance manufactured, furnished or used by Contractor in the performance of this Contract.

11.2 Document Retention & Examination
A. In accordance with Government Code section 8546.7, records of both the City and the Contractor shall be subject to examination and audit by the State Auditor General for a period of three (3) years after final payment.

Packet Page. 1049
Villasenor Library – Parking Lot Surfacing -88- 00 72 00 – GENERAL CONDITIONS Packet Page. 1050
Villasenor Library – Parking Lot Surfacing -89- 00 72 00 – GENERAL CONDITIONS B. Contractor shall make available to the City any of the Contractor’s other documents related to the Project immediately upon request of the City.

C. In addition to the State Auditor rights above, the City shall have the right to examine and audit all books, estimates, records, contracts, documents, bid documents, subcontracts, and other data of the Contractor (including computations and projections) related to negotiating, pricing, or performing the modification in order to evaluate the accuracy and completeness of the cost or pricing data at no additional cost to the City, for a period of four (4) years after final payment.

11.3 Notice.

A. All notices shall be in writing and either served by personal delivery or mailed to the other party. Written notice to the Contractor shall be addressed to Contractor’s principal place of business unless Contractor designates another address in writing for service of notice. Notice to the City shall be addressed to the City as designated in the Notice Inviting Bids unless the City designates another address in writing for service of notice. Notice shall be effective upon receipt or five (5) Days after being sent by first class mail, whichever is earlier. Notice given by facsimile shall not be effective unless acknowledged in writing by the receiving party.

11.4 Notice of Third Party Claims
A. Pursuant to Public Contract Code section 9201, the City shall provide the Contractor with timely notification of the receipt of any third-party claims relating to the Contract.

The City is entitled to recover reasonable costs incurred in providing such notification.

11.5 State License Board Notice
A. Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826.

11.6 Assignment of Contract
A. Contractor shall not assign, transfer, convey, sublet or otherwise dispose of the rights or title of interest of any or all of this contract without the prior written consent of the City. Any assignment or change of Contractor’s name of legal entity without the written consent of the City shall be void. Any assignment of money due or to become due under this Contract shall be subject to a prior lien for services rendered or material supplied for performance of Work called for under the Contract Documents in favor of all persons, firms, or corporations rendering such services or supplying such materials to the extent that claims are filed pursuant to the Civil Code, the Code of Civil Procedure or the Government Code.

Packet Page. 1051
Villasenor Library – Parking Lot Surfacing -89- 00 72 00 – GENERAL CONDITIONS Packet Page. 1052
Villasenor Library – Parking Lot Surfacing -90- 00 72 00 – GENERAL CONDITIONS

11.7 Change In Name And Nature Of Contractor’s Legal Entity.

A. Should a change be contemplated in the name or nature of the Contractor’s legal entity, the Contractor shall first notify the City in order that proper steps may be taken to have the change reflected on the Contract and all related documents. No change of Contractor’s name or nature will affect the City’s rights under the Contract, including but not limited to the bonds.

11.8 Prohibited Interests
A. No City official or representative who is authorized in such capacity and on behalf of City to negotiate, supervise, make, accept, or approve, or to take part in negotiating, supervising, making, accepting or approving any engineering, inspection, construction or material supply contract or any subcontract in connection with construction of the project, shall be or become directly or indirectly interested financially in the Contract.

11.9 Controlling Law
A. Notwithstanding any subcontract or other contract with any subcontractor, supplier, or other person or organization performing any part of the Work, this Contract shall be governed by the law of the State of California excluding any choice of law provisions.

11.10 Jurisdiction; Venue
A. Contractor and any subcontractor, supplier, or other person or organization performing any part of the Work agrees that any action or suits at law or in equity arising out of or related to the bidding, award, or performance of the Work shall be maintained in the Superior Court of San Bernardino County, California, and expressly consent to the jurisdiction of said court, regardless of residence or domicile, and agree that said court shall be a proper venue for any such action.

11.11 Cumulative Remedies.

A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Applicable Laws, by special warranty or guarantee, or by other provisions of the Contract Documents.

The provisions of this Article will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply.

11.12 Survival of Obligations.

A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor.

Packet Page. 1053
Villasenor Library – Parking Lot Surfacing -90- 00 72 00 – GENERAL CONDITIONS Packet Page. 1054
Villasenor Library – Parking Lot Surfacing -91- 00 72 00 – GENERAL CONDITIONS

11.13 Headings.

A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions.

11.14 Assignment of Antitrust Actions
A. In accordance with §7103.5(b) of the California Public Contract Code, Contractor and Subcontractors must conform to the following requirements:

1. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, Contractor or Subcontractor offer and agree to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under §4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with §16700) of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract.

2. This assignment must be made and become effective at the time the awarding body tenders to Contractor, without further acknowledgment by the parties.

11.15 All Legal Provisions Included
A. Contractor shall give all notices and comply with all federal, state and local laws, ordinances, rules and regulations bearing on conduct of work as indicated and specified by their terms. References to specific laws, rules or regulations in this Contract are for reference purposes only, and shall not limit or affect the applicability of provisions not specifically mentioned. If Contractor observes that drawings and specifications are at variance therewith, he shall promptly notify City in writing and any necessary changes shall be adjusted as provided for in this Contract for changes in Work. If Contractor performs any Work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to City, he shall bear all costs arising therefrom.

B. Contractor shall be responsible for familiarity with the Americans with Disabilities Act (“ADA”) (42 U.S.C. § 12101 et seq.). The Work will be performed in compliance with ADA laws, rules and regulations. Contractor shall comply with the Historic Building Code, including, but not limited to, as it relates to the ADA, whenever applicable.

C. Contractor acknowledges and understands that, pursuant to Public Contract Code section 20676, sellers of "mined material" must be on an approved list of sellers published pursuant to Public Resources Code section 2717(b) in order to supply mined material for this Contract.

D. No City official or representative who is authorized in such capacity and on behalf of City to negotiate, supervise, make, accept, or approve, or to take part in negotiating, supervising, making, accepting or approving any engineering, inspection, construction or material supply contract or any subcontract in connection with construction of the Work, shall be or become directly or indirectly interested financially in the Contract.

Packet Page. 1055
Villasenor Library – Parking Lot Surfacing -91- 00 72 00 – GENERAL CONDITIONS Packet Page. 1056
Villasenor Library – Parking Lot Surfacing -92- 00 72 00 – GENERAL CONDITIONS E. All provisions of law required to be inserted in the Contract or Contract Documents pursuant to any Applicable Laws shall be and are inserted herein. If through mistake, neglect, oversight, or otherwise, any such provision is not herein inserted or inserted in improper form, upon the application of either party, the Contract or Contract Documents shall be changed by City, at no increase in Contract Price or extension in Contract Times, so as to strictly comply with the Applicable Laws and without prejudice to the rights of either party hereunder

11.16 Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature ARTICLE 12 -– FLEET COMPLIANCE

12.1 To the extent applicable, Contractor, shall comply, and shall ensure all subcontractors comply, with all requirements of the most current version of the California Air Resources Board (“CARB”) including, without limitation, all applicable terms of Title 13, California Code of Regulations Division 3, Chapter 9 and all pending amendments (“Regulation”).

12.2 Throughout Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor’s and subcontractors’ fleet including, without limitation, the CRCs, fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days’ notice from the City.

12.3 Contractor shall be solely liable for any and all costs associated with complying with the Regulation as well as for any and all penalties, fines, damages, or costs associated with any and all violations, or failures to comply with the Regulation. Contractor shall defend, indemnify and hold harmless the City, its officials, officers, employees and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Regulation.

Packet Page. 1057
Villasenor Library – Parking Lot Surfacing -92- 00 72 00 – GENERAL CONDITIONS Packet Page. 1058
Villasenor Library – Parking Lot Surfacing 93 00 73 93 - SPECIAL CONDITIONS 00 73 13 – SPECIAL CONDITIONS
ARTICLE 1 -SCOPE OF WORK

1.1 Location of the Project.

A. N Mt Vernon Ave and 5th Street, San Bernardino, CA 92411 Packet Page. 1059
Villasenor Library – Parking Lot Surfacing 93 00 73 93 - SPECIAL CONDITIONS Packet Page. 1060
Villasenor Library – Parking Lot Surfacing 94 00 73 94 - SPECIAL CONDITIONS

1.2 Scope of Work.

A. The scope of work generally includes asphalt paving of the east parking lot, located north of 5th Street and west of N Garner Avenue, along with re-striping of the lot. The project also entails removing and replacing the existing ramps with two (2) new ADAcompliant ramps, as well as installing ADA striping, signage, and markings for the designated handicap parking stalls, including the walking path from the loading area of the stalls to the ADA ramps.

Additional work includes repairing and painting the existing concrete trench drain gutter and the concrete slab in front of the trash enclosure, with the slab to be saw-cut into panels. The existing gutter near the curb will be cleaned, and all curb drain holes will be inspected and cleaned to ensure they are functioning properly.

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) 998-2420 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 Packet Page. 1061
Villasenor Library – Parking Lot Surfacing 94 00 73 94 - SPECIAL CONDITIONS Packet Page. 1062
Villasenor Library – Parking Lot Surfacing 95 00 73 95 - SPECIAL CONDITIONS

2.3 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 2024, Section 302-3.8, pages 317; Greenbook 2024, Section 302-4.7, page 323, and Greenbook 2024, PART 6 TEMPORARY TRAFFIC CONTROL SECTION 600-ACCESS, All of Sections 600 and 601, that apply to this project, pages 553 to 560. 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.

2.4 Section 5.29 Protection of Work and Property
Add Paragraph H and add the following:

The Contractor shall provide sufficient barricades, delineators and ribbon at each location to adequately protect the new and fresh concrete surfaces from vandalism and unauthorized markings. Newly poured and finished concrete areas shall be delineated or cordoned off with tape to inhibit and discourage pedestrians, bikers and skateboards from tracking across the fresh sidewalk surfaces. Unauthorized markings (i.e. graffiti, footprints, bike tire marks, scuff marks) in the new sidewalk surfaces are not acceptable, and may be cause for rejection. All such areas rejected due to such cause shall be removed and replaced at the Contractor’s expense. All costs for protecting the new concrete surfaces and any graffiti removal shall be considered as incidental to the cost of the work and no additional compensation will be allowed therefore.

END OF SPECIAL CONDITIONS
Packet Page. 1063
Villasenor Library – Parking Lot Surfacing 95 00 73 95 - SPECIAL CONDITIONS Packet Page. 1064
Villasenor Library – Parking Lot Surfacing 96 SPECIFICATIONS SPECIFICATIONS:

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 (Greenbook), 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.

Contractor shall provide all construction surveying, staking and monument/centerline ties at no extra cost. Compensation for construction surveying and staking shall be considered as included in various bid items. No additional compensations will be allowed.

BID ITEM 1: MOBILIZATION:

This bid item shall comply with the requirements of Section 7-3.4, "Mobilization", of the Standard Specifications.

Mobilization may include, but not be limited to, the following principal items:

1. Submittal and modification, as required, of the Construction Schedule.

2. Providing a Project Office (if needed).

3. Review of the Site.

4. Obtaining all required Transportation Permits.

5. Submittal of all required insurance certificates and bonds as required by these Specifications.

6. Moving onto the site, including, but not limited to:

A. Equipment
B. Arranging for and erection of Contractor's work and storage areas.

7. Installing construction fencing and temporary construction power and wiring.

8. 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.

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. Water needed for project

18. Any other item as specified.

Storm Water Pollution Prevention shall include preparation of Storm Water Pollution Prevention and erosion control plans, control of all waters entering the project sites, erosion control, and any dewatering in accordance with California Regional Water Quality Control Board, Santa Ana River Region requirements. Storm, surface and/or nuisance water may be encountered at various times and locations during performance of the Work. Such waters may interfere with Contractor's operation and may cause damage to adjacent or downstream private and/or public property by flooding, lateral erosion, sedimentation or pollution if not properly controlled by Contractor.

Packet Page. 1065
Villasenor Library – Parking Lot Surfacing 96 SPECIFICATIONS Packet Page. 1066
Villasenor Library – Parking Lot Surfacing 97 SPECIFICATIONS Contractor, by entering into the Contract, assumes all risk and responsibility for water control.

Contractor's responsibility includes, at a minimum, handling any nuisance and/or storm waters that may result during the term of the Contract in a manner which will protect construction throughout the various stages of work up to the point of final acceptance by Owner.

The contractor shall conduct its work in accordance with all rules and regulations set forth by the Governing Jurisdiction(s). The contractor shall conduct and schedule operations so as to avoid effects of erosion on adjacent work and property.

The cost of bonds, insurance, move in and move out costs, preparation and submission of submittals, obtaining encroachment permits, provide project sign, prepare erosion control plan and miscellaneous incidental costs, shall be included in the Bid Item provided for mobilization and demobilization and incidental project costs as a lump sum item, for which 75 percent (75%) will be eligible for inclusion in the first progress payment, with the remaining 25 percent (25%) not eligible for inclusion until 100 percent (100%) of the work has been completed and if progress of the work is satisfactory. No work shall be started without prior approval of the submittals. Failure to comply with the preceding requirement will be sufficient ground for the Engineer to stop all work on the project until the requirements are met.

Payment for this bid item 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 specifications; no additional compensation will be allowed.

BID ITEM 2: CLEARING AND GRUBBING:

This bid item shall comply with Section 300-1, "Clearing and Grubbing", Section 300-2, "Unclassified Excavation", and Section 300-4, "Unclassified Fill", respectively, of the Standard Specifications and these Special Provisions.

Clearing and grubbing shall consist of removing all vegetation and specified materials from the demolition limits of the project and other such areas as may be shown in the documents. This work shall be performed in accordance with the requirements herein specified, subject to erosion control requirements. The area shall be cleared of all vegetation, such as palms; trees; logs; stumps; bushes; hedges; roots, up to 12" below the existing ground surface; brush; grass; weeds; concrete blocks, parkway concrete, mulch and all other objectionable materials within the construction limits shown on the plans.

Clearing and grubbing shall include removal of any and all items not specifically covered under a separate bid item including, but not limited to, the following:

1. Removal of interfering water, sewer, storm drain and abandoned gas pipe, as required, facilitating new construction.

2. Moving of interfering items such as Bleachers, trash dumpsters, trash bins, storage bins, concrete barrier to hold sand and other constrains. The work includes bringing those items back after the construction.

3. All saw-cutting required to facilitate removal of existing AC and PCC improvements.

4. All unclassified excavation and saw cutting, removal and exporting of subgrade, concrete and asphalt.

5. Minor existing fencing removal/ relocation/ restoration, if required.

6. Disposal of material removed from the site including concrete, asphalt and native soil.

7. All pull boxes, signs, fencing and other improvements, including foundations and bus pads, that are not covered by individual bid items.

Packet Page. 1067
Villasenor Library – Parking Lot Surfacing 97 SPECIFICATIONS Packet Page. 1068
Villasenor Library – Parking Lot Surfacing 98 SPECIFICATIONS

8. Delivery of all salvaged material, as designated on the plans, to the City yard.

9. Providing, installing, maintaining and removing (at completion of construction) the construction area signs required.

10. All trees and plants, debris, interfering portions of curb, gutters, asphalt and PCC concrete pavements and sidewalks (including base, where applicable), and miscellaneous items they are not shown on the Plans or not covered by individual bid items.

Unless otherwise stated on the Plans or Specifications, all material removed from the Work shall become the property of the Contractor and shall be disposed of in a lawful manner. The Contractor shall conform to the following requirements:
a. The Contractor shall not start any removal work unless it is prepared to perform reconstruction work within 24 hours of the time removals were begun, unless otherwise approved by the Engineer.
b. All concrete removed shall be hauled off the Work site no later than the calendar day following the day that the removal is performed.
c. The Contractor shall complete forming and pouring of PCC construction within five (5) working days following the removal of existing material at any location. d. The Contractor shall not remove on-site improvements until it is prepared to construct the adjacent street section and shall promptly restore all such improvements as applicable, upon completion of the adjacent street work.

The limits for sidewalk, curb and gutter and driveway shown on the plans are approximate. The actual removal and/or construction limits shall be as marked and/or directed by the Engineer in the field.

In order to protect the public streets from deterioration due to hauling of materials, the Contractor shall submit, prior to the Pre-Construction Meeting, for approval a proposed route for hauling of materials for disposal. Upon approval, the Contractor shall strictly adhere to that route, unless written permission from the Engineer is obtained to change the route.

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

BID ITEM 3: EROSION CONTROL PLAN & BMPs:

Erosion control plans, control of all waters entering the project sites erosion control in accordance with California Regional Water Quality Control Board, Santa Ana River Region requirements.

Storm, surface and/or nuisance water may be encountered at various times and locations during performance of the Work. Such waters may interfere with Contractor’s operation and may cause damage to adjacent or downstream private and/or public property by flooding, lateral erosion, sedimentation or pollution if not properly controlled by Contractor. Contractor, by entering into the Contract, assumes all risk and responsibility for water control. Contractor’s responsibility includes, at a minimum, handling any nuisance and/or storm waters that may result during the term of the Contract in a manner Packet Page. 1069
Villasenor Library – Parking Lot Surfacing 98 SPECIFICATIONS Packet Page. 1070
Villasenor Library – Parking Lot Surfacing 99 SPECIFICATIONS which will protect construction throughout the various stages of work up to the point of final acceptance by Owner.

Contractor shall conduct its work in accordance with all rules and regulations set forth by the Governing Jurisdiction(s). Contractor shall conduct and schedule operations so as to avoid effects of erosion on adjacent work and property.

Contractor is responsible for, and the Contract Price includes the erosion control related to the Work, including but not limited to devices such as additional dikes, basins, ditches, gravel bags, sandbags and silt fences which might become necessary as a result of operations. Contractor shall be responsible for pumping water and desilting water after each storm event. Contractor is also aware that storm water from adjacent sites may be transported to the Project site, and it is Contractor’s responsibility to maintain any previously installed erosion control facilities. The cost of all such work plus that required to repair damage resulting from any erosion is part of the Contract Price and no additional compensation shall be paid to Contractor for same.

The Contractor shall install and maintain all required or necessary erosion control measures to cover the entire duration of the term of the Contract.

The Contractor is responsible to protect the Project site from erosion damage at all times by utilizing Interim Erosion Control measures which, due to the site’s ever-changing condition during construction, is achieved by implementing Best Management Practices (BMPs). Part of these responsibilities shall include that the Contractor have available for Owner’s review on-site at all times, a copy of the Project erosion control plans. This Erosion Control Plan shall be updated on a continuous basis as required to assure its accuracy.

All construction shall be conducted with provisions for the control of sand, silt and debris originating at the construction site. Appropriate areas shall be contained with berms, desilting basins or similar structures to prevent runoff during construction operation.

During construction, the Contractor shall check and maintain berms and desilting basins prior to, during, and after all rainfall events.

If construction of the project improvements necessitates removal of any erosion control device(s) this device shall be replaced at the end of each working day when the five-day rain probability forecast exceeds 40% or prior to the start of a weekend or holiday. Contractor shall prepare an emergency flood plan that includes monitoring of weather forecasts.

The Contractor shall provide to the Owner a plan depicting interim erosion control desilting basin locations and sizes prior to the start of construction. The Contractor shall provide to the Owner supporting calculations for the desilting basin sizes.

All contractor-dewatering activities shall comply with most current permit, Waste Discharge Requirements, “California Regional Water Quality Control Board, Santa Ana Region (CRWQCB) and these specifications. Contractor shall notify the City and Packet Page. 1071
Villasenor Library – Parking Lot Surfacing 99 SPECIFICATIONS Packet Page. 1072
Villasenor Library – Parking Lot Surfacing 100 SPECIFICATIONS CRWQCB a minimum of thirty (30) calendar days in advance of any dewatering activity and shall complete all permit application documentation, supply all testing services and make all reporting required by the permit. In the event that Contractor fails to comply with said permit’s requirements, Contractor shall be responsible for all costs, fines and/or penalties assessed against Contractor, the City or any affiliate of the City by CRWQCB and any other applicable agencies.

It is agreed among the parties that added construction costs incurred by the Contractor, due to weather related damage or delay, shall be the Contractor’s responsibility.

The Contractor is notified that the approved Erosion Control Plan must be amended from time to time during construction to reflect actual construction practices, and that each amendment must be made by, or under the direction of the Professional Engineer who prepared the Erosion Control Plan.

The price paid for erosion control shall include full compensation for preparation and implementing the Erosion Control Plan, and for amending the Erosion Control Plan to conform to Contractor’s actual construction practices during construction. The total price bid for completing and submitting the Erosion Control Plan, and for amending and administering the Erosion Control Plan shall include the cost of all documentation and administration for the entire contract period and shall be included in the lump sum contract price paid for the contract item of work, and no additional compensation will be allowed therefore, Payment for this bid item shall be paid per Lump Sum (LS) and shall be considered as full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work involved in Erosion Control Plan & BMPs per project plans and specifications; no additional compensation will be allowed.

BID ITEM 4: CONSTRUCT 4’ X 8’ PROJECT SIGN. SEE INFO IN APPENDIX:

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:

Packet Page. 1073
Villasenor Library – Parking Lot Surfacing 100 SPECIFICATIONS Packet Page. 1074
Villasenor Library – Parking Lot Surfacing 101 SPECIFICATIONS For this contract, one (1) Project Information Sign shall be installed, relocated or modified for each location as directed by the City Engineer and shall conform to the provisions of sections 56-2.03, and 56-2.04, Caltrans.

Measurement and Payment:

The contract bid price paid to fabricate and install the signs including all ancillary work be paid by the contract unit price paid per Each sign (EA) and shall include full compensation for providing all materials including post, digging the foundations for the post, and restoring the area around the post during the duration of the project. And restoring of the surrounding area after removal of the sign. This will also include the removal of the signs and posts.

BID ITEM 5: COLD MILL 2” UNIFORM DEPTH PER PLANS AND SPECIFICATIONS, INCLUDING REMOVE AND DISPOSE OF ALL EXISTING WHEEL STOPPERS:

This bid item operations shall be performed in accordance with Section 404, "Cold Milling" of the Greenbook Edition 2024, project plans, specifications and special provisions. Existing asphalt concrete shall be milled at the locations and to the dimensions shown on the Plans and specifications including removal and disposal of all exiting wheel stoppers whether rubberized or concrete stoppers. The cold milling machine shall have a cutter head at least 60 inches wide and shall be operated so as not to produce fumes or smoke. The rotor teeth shall cut in an upward direction as to the direction of travel reducing the size of material until the desired gradation has been achieved. The depth, width, and shape of the cut shall be as indicated on the typical cross sections or as directed by the Engineer.

The final cut shall result in a uniform surface conforming to the typical cross sections. The outside lines of the milled area shall be neat and uniform. The pavement surfacing to remain in place shall not be damaged in any way. The material milled from the parking lot surface, including material deposited in existing gutters or on the adjacent traveled way, shall be immediately removed. The removal crew shall follow within 50 feet of the planer, unless otherwise directed by the Engineer.

Milling of asphalt concrete pavement will be measured by Square Foot (SF). The quantity to be paid for the surface milled irrespective of the number of passes required. After the cold milling/Micro milling operation, the Contractor shall pave/overlay the parking lot with new pavement within 72 hours and/or as directed by the Engineer. Where transverse joints are milled in the pavement at conform lines, no drop-off shall remain between the existing pavement and the milled area when the pavement is opened to public traffic. If asphalt concrete has not been placed to the level of public traffic, a temporary asphalt concrete taper shall be constructed.

Payment for this bid item shall be paid per Square Foot (SF) for "COLD MILL 2" UNIFORM DEPTH PER PLANS AND SPECIFICATIONS" shall include full compensation for conforming to the requirements of this section, for furnishing all materials, tools, equipment and incidentals, and for doing all work involved in cold milling of asphalt concrete pavement, including disposal of material milled from the site, furnishing asphalt concrete for temporary tapers and for constructing, per the Plans, Specifications, Special Provisions and as directed by the Engineer, and no additional compensation will be allowed therefor.

Packet Page. 1075
Villasenor Library – Parking Lot Surfacing 101 SPECIFICATIONS Packet Page. 1076
Villasenor Library – Parking Lot Surfacing 102 SPECIFICATIONS BID ITEM 6: CONSTRUCT 2” AC OVERLAY PER PLANS AND SPECIFICATIONS:

These bid items shall comply with the requirements of Section 203-6, "Asphalt Concrete", and Section 302-5, "Asphalt Concrete Pavement", of the Standard Specifications and these Special Provisions. This bid item shall include, but not be limited to the following items as shown on the Plans, as specified in specifications and Special Provisions, or as directed by the Engineer:

Use C2-PG 70-10 for 2" overlay. Coat surfaces with trackless tack coat. The Performance Grade of the asphalt concrete shall be PG 70-10 ½". Where dense graded asphalt is being constructed in two layers or more, the asphalt concrete pavement for the base course shall be B-PG 70-10".

Where dense graded asphalt is being constructed in a single layer or for a finishing course or asphalt concrete overlay, the asphalt concrete pavement shall be C2-PG 70-10". A tack coat shall be applied, as directed by the Engineer.

TACK COAT - Tack coat shall be applied in compliance with Sub-Section 302-5.4, "Trackless Tack Coat" of the Standard Specifications, and as directed by the Engineer.

Contractor shall adjust all utility valves covers, cans, pull boxes to the finish grade. Adjusting manhole frames and covers to grade and water valves enclosures after completion of paving shall be in accordance with Sub-Section 301-1.6 "Adjustment of Manhole Frame and Cover Sets to Grade", of the "Greenbook" Standard Specifications, Special Provisions and as directed by the Engineer.

Payment for this bid item shall be paid per Ton (TN) and shall include full compensation for furnishing and installation of all materials, tools, equipment and incidentals, Asphalt concrete, and for doing all the work involved in furnishing, placing and compacting pavement material, sweeping, adjusting manhole frames and covers, utility enclosures per the Plans, the Standard Specifications, Special Provisions and as directed by the Engineer, and no additional compensation will be allowed therefore.

BID ITEM 7: CONSTRUCT VARIABLE THICKNESS AC OVERLAY FOR THE DESIGNATED

ADA PARKING STALLS, LOADING AREA AND WALKING PATH PER PLANS AND SPECIFICATIONS:

This bid item shall comply with the requirements of Section 203-6, "Asphalt Concrete," and Section 302-5, "Asphalt Concrete Pavement," of the Standard Specifications, these Special Provisions, and as shown on the Plans. Work shall consist of constructing a variable thickness asphalt concrete (AC) overlay, for the designated ADA parking stalls, loading area, and walking path in accordance with the Plans, Specifications and Special Provisions, or as directed by the Engineer.

The asphalt concrete shall be C2-PG 70-10 for the overlay. All existing surfaces to receive new asphalt shall be coated with a trackless tack coat per Sub-Section 302-5.4, "Trackless Tack Coat," of the Standard Specifications and as directed by the Engineer.

Contractor shall adjust all utility valve covers, cans, and pull boxes to the new finished grade.

Adjustment of manhole frames and covers, and water valve enclosures after completion of paving shall conform to Sub-Section 301-1.6, "Adjustment of Manhole Frame and Cover Sets to Grade," of the "Greenbook" Standard Specifications, Special Provisions and as directed by the Engineer.

Packet Page. 1077
Villasenor Library – Parking Lot Surfacing 102 SPECIFICATIONS Packet Page. 1078
Villasenor Library – Parking Lot Surfacing 103 SPECIFICATIONS Payment for this bid item shall be paid per Lump Sum (LS) price, which shall constitute full compensation for furnishing all labor, materials, tools, equipment, and incidentals; performing all surface preparation; furnishing, placing, and compacting asphalt concrete overlay; applying tack coat; sweeping; adjusting utility enclosures; and performing all other work necessary to complete the item in place per the Plans, Standard Specifications, Special Provisions and as directed by the Engineer. No additional compensation will be allowed.

BID ITEM 8: CONSTRUCT VARIABLE THICKNESS AC OVERLAY FOR THE TRANSITION AREA PER PLANS AND SPECIFICATIONS:

This bid item shall comply with the requirements of Section 203-6, "Asphalt Concrete," and Section 302-5, "Asphalt Concrete Pavement," of the Standard Specifications, these Special Provisions, and as shown on the Plans. Work shall consist of constructing a variable thickness asphalt concrete (AC) overlay, for the for the transition area in accordance with the Plans, Specifications and Special Provisions or as directed by the Engineer.

Contractor shall adjust all utility valve covers, cans, and pull boxes to the new finished grade.

Payment for this bid item shall be paid per Lump Sum (LS) price, which shall constitute full compensation for furnishing all labor, materials, tools, equipment, and incidentals; performing all surface preparation; furnishing, placing, and compacting asphalt concrete overlay; applying tack coat; sweeping; adjusting utility enclosures; and performing all other work necessary to complete the item in place per the Plans, Standard Specifications, Special Provisions and as directed by the Engineer. No additional compensation will be allowed.

BID ITEM 9: REMOVE AND DISPOSE THE EXISTING TWO (2) RAMPS AND THE FLARED

CURB, INCLUDING REMOVE AND DISPOSE OF THE EXISTING ABANDONED PAYPHONE

STAND AND RESTORE THE UNDERNEATH SIDEWALK CONCRETE SURFACE CLEAR AS ADJACENT AREAS:

This bid item shall consist of Removal and disposal of the existing two (2) ramps and the flared curb, including removal and disposal of the existing abandoned payphone stand and restore the underneath sidewalk concrete surface clear as adjacent areas. Nothing in these Special Provisions shall relieve the Contractor from his responsibilities as provided in Section 5-7, “Safety”, of the Standard Specifications.

Measurement and Payment for this bid item shall be paid per Lump Sum (LS) and shall be considered as full compensation for furnishing all labor, materials, tools, equipment, and Packet Page. 1079
Villasenor Library – Parking Lot Surfacing 103 SPECIFICATIONS Packet Page. 1080
Villasenor Library – Parking Lot Surfacing 104 SPECIFICATIONS incidentals for doing all work involved in this bid item per project plans and specifications; no additional compensation will be allowed.

BID ITEM 10: CONSTRUCT ADA CONCRETE RAMP WITH RETAINING CURB AND DETECTABLE WARNING 2'X4' PER TO APWA/ SPPWC 111, THIS PLAN AND SPECIFICATIONS. USE CONCRETE CLASS 560-C-3250. MAX SLOPE 8.33%:

This bid item shall consist of constructing PCC ADA Ramp with retaining curb and detectable warning 2'x4' per to APWA/ SPPWC 111, plans and specifications. Use concrete class 560-C3250. MAX Slope 8.33%. Nothing in these Special Provisions shall relieve the Contractor from his responsibilities as provided in Section 5-7, “Safety”, of the Standard Specifications.

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

BID ITEM 11: REMOVE AND DISPOSE THE EXISTING DISABLED PARKING STALL SIGNS.

FURNISH AND INSTALL NEW ONES PER CALTRANS STANDARD PLAN R99C(CA), THIS PLAN AND SPECIFICATIONS:

This bid item shall consist of Removal and disposal of the existing disabled parking stall signs.

Furnish and install new ones per Caltrans Standard Plan R99C(CA), plans and specifications.

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

BID ITEM 12: FURNISH AND APPLY 4” WIDE THERMOPLASTIC REFLECTIVE BLUE

STRIPING, AND BLUE BORDERS FOR HANDICAP PARKING STALLS, LOADING AREA AND PATH INCLUDING HANDICAP AND NO PARKING SYMBOLS PER 2024 CALTRANS STANDARD PLAN A24C, THIS PLAN AND SPECIFICATIONS:

This bid item shall consist of Furnish and Apply 4” wide thermoplastic reflective blue striping, and blue borders for handicap parking stalls, loading area and path including handicap and no parking symbols per 2024 CALTRANS standard plan A24C, this plan and specifications. Nothing in these Special Provisions shall relieve the Contractor from his responsibilities as provided in Section 5- 7 “Safety”, of the Standard Specifications.

Measurement and Payment for this bid item shall be paid per Lump Sum (LS) and shall be considered as full compensation for furnishing all labor, materials, tools, equipment, and Packet Page. 1081
Villasenor Library – Parking Lot Surfacing 104 SPECIFICATIONS Packet Page. 1082
Villasenor Library – Parking Lot Surfacing 105 SPECIFICATIONS incidentals for doing all work involved in this bid item per project plans and specifications; no additional compensation will be allowed.

BID ITEM 13: FURNISH AND APPLY 4” WIDE THERMOPLASTIC REFLECTIVE WHITE

STRIPING (PARKING STALLS) FOR THE PARKING LOT PER PLANS AND SPECIFICATIONS:

This bid item shall consist of striping for parking spaces in the parking lot. Nothing in these Special Provisions shall relieve the Contractor from his responsibilities as provided in Section 5-7 “Safety”, of the Standard Specifications.

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

BID ITEM 14: REPAIR AND FILL CRACKS, SAW CUTTING THE EXISTING CONCRETE SLAB INTO SIX (6) PANELS. FURNISH AND APPLY SEALANT TO THE NEW CONTROL JOINTS.

FURNISH AND APPLY CONCRETE FINISH PAINTING TO THE ENTIRE CONCRETE SLAB SURFACE. AS PER PLANS AND SPECIFICATIONS:

The work under this item consists of repairing and filling cracks in the existing concrete slab by cleaning and pressure washing all cracks, allowing them to fully dry, and filling them with a selfleveling epoxy resin Sikadur®-55 SLV or approved equal, specifically manufactured for such purposes and installed in accordance with the manufacturer’s standards. The existing slab shall then be saw-cut with a ½-inch-wide by 1-inch-deep cut at designated locations, not necessarily following the existing crack lines, to divide the slab into six (6) panels in accordance with the Plans and Specifications. All newly created control joints shall be cleaned, pressure washed, fully dried, and sealed with a polyurethane joint sealant Sikaflex®-2c SL or approved equal, traffic-grade, per the manufacturer’s standards. Upon completion of the joint sealing, and prior to the application of the protective cementitious coating, all prepared slab surfaces shall receive a bonding layer of Sikadur® 32 Hi-Mod or approved equal, in accordance with the manufacturer’s instructions.

Following placement of the bonding agent, the entire concrete slab surface shall receive a uniform application of SikaTop® 122 Plus or approved equal, specifically manufactured for traffic-bearing concrete surfaces, to provide a durable concrete-like finish. Note that the sealed control joints shall remain uncoated. The contractor shall submit technical data sheets for all materials proposed for use in this work to the City for review and approval prior to commencing any activities.

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

Packet Page. 1083
Villasenor Library – Parking Lot Surfacing 105 SPECIFICATIONS Packet Page. 1084
Villasenor Library – Parking Lot Surfacing 106 SPECIFICATIONS BID ITEM 15: REPAIR THE DAMAGED AREAS IN THE EXISTING PCC CROSS GUTTER.

FURNISH AND APPLY CONCRETE FINISH PAINTING TO THE ENTIRE GUTTER SURFACE.

AS PER PLANS AND SPECIFICATIONS:

The work under this item consists of repairing all damaged areas in the existing PCC cross gutter by removing loose and unsound material, cleaning, pressure washing, and preparing the surface in accordance with the Plans, Specifications, and manufacturer standards. All deteriorated sections shall be patched and resurfaced using a cementitious repair mortar and coating system such as SikaTop® 122 Plus, or approved equal, applied over a bonding layer of Sikadur® 32 HiMod, or approved equal, specifically manufactured for such purposes. Upon completion of the patching, the entire PCC cross gutter surface shall receive a uniform application of the same material SikaTop® 122 Plus, or approved equal, applied over a bonding layer of Sikadur® 32 HiMod, or approved equal, specifically manufactured for such purposes, to provide consistent appearance, durability, and long-term protection against weathering and exposure. The contractor shall submit technical data sheets for all materials proposed for use in this work to the City for review and approval prior to commencing any activities.

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

BID ITEM 16: CLEAN THE GUTTER AND ALL CURB DRAIN HOLES PER PLANS AND SPECIFICATIONS:

The work under this item consists of cleaning the existing gutter and all curb drain holes in accordance with the Plans and Specifications to ensure proper drainage functionality. All debris, sediment, vegetation, and other obstructions shall be removed from the gutter and drain holes, and the drainage path shall be verified to be clear and unobstructed. Work shall be performed using methods that will not damage the existing gutter, curb, or drainage structures.

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

Packet Page. 1085
Villasenor Library – Parking Lot Surfacing 106 SPECIFICATIONS Packet Page. 1086
Villasenor Library – Parking Lot Surfacing 107 SPECIFICATIONS

APPENDIX
CONSTRUCT 4’ X 8’ PROJECT SIGN

CITY OF SAN

BERNARDINO
Building a Better San
Bernardino
VILLASENOR LIBRARY – PARKING

LOT SURFACING
PROJECT No. PR26-002
Estimated Completion:
------------------------
Funding Provided By:

Measure S
Council Ward: 1
Helen Tran, Mayor
Eric Levitt, City Manager
Council Members: Theodore Sanchez, Sandra
Ibarra, Juan Figueroa, Fred Shorett, Kim Knaus,
Mario Flores, Treasure Ortiz
For more information, please call the Engineering
Department (909) 998-2420
Packet Page. 1087
Villasenor Library – Parking Lot Surfacing 107 SPECIFICATIONS Packet Page. 1088
Villasenor Library – Parking Lot Surfacing 108 SPECIFICATIONS Size of project sign: 4’ Vertical by 8’ horizontal. Material: ½” Plywood with graffiti laminate.

Colors: White background, blue and black graphics, full color logo.

Packet Page. 1089
Villasenor Library – Parking Lot Surfacing 108 SPECIFICATIONS Packet Page. 1090
Villasenor Library – Parking Lot Surfacing 109 PLANS AND DRAWINGS

PLANS AND DRAWINGS

THE FOLLOWING PLANS AND DRAWINGS ARE INCORPORATED HEREIN BY REFERENCE AS IF SET FORTH IN THEIR ENTIRETY:

1. STANDARD PLANS FOR PUBLIC WORK CONSTRUCTION (2021 EDITION)

2. VILLASENOR LIBRARY – PARKING LOT SURFACING, DRAWING NO. 13663

3. APPENDICES.

Packet Page. 1091

1. BID TABULATION
PROJECT NAME: VILLASENOR LIBRARY - PARKING LOT SURFACING PROJECT NO: PR26-002

BID TABULATION
Apparent Low Bidder 1 Apparent Low Bidder 2 Apparent Low Bidder 3 Apparent Low Bidder 4 Apparent Low Bidder 5 Apparent Low Bidder 6 Apparent Low Bidder 7 Apparent Low Bidder 8 Apparent Low Bidder 9 Apparent Low Bidder 10 Apparent Low Bidder 11 Apparent Low Bidder 12 Apparent Low Bidder 13 Apparent Low Bidder 14 AVERAGE BID VALUES LOWEST

UNIT BID
PRICE

HIGHEST

UNIT BID
J B Bostick LLC Terra Pave, Inc. PRICE Roadway Engineering & Construction Corp.

Venture Construction &
Management Asphalt, Fabric & Engineering, Inc. Vance Corporation Copp Contracting, Inc. NPG Corporation L. M. T. Enterprise, Inc. dba Tyner PavingCompany Cali State Paving, Inc. Onyx Paving Company, Inc. Prestige Paving Company,Inc. S Christensen Engineering, Inc. Pave West Bid Item and Description Quantit
y
Unit Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price TotalPrice
1 Mobilization 1 LS $ 2,500.00 $2,500.00 $ 13,500.00 $13,500.00 $ 26,050.00 $26,050.00 $ 7,000.00 $7,000.00 $ 7,950.00 $7,950.00 $ 11,961.40 $11,961.40 $11,000.00 $11,000.00 $14,430.00 $14,430.00 $5,000.00 $5,000.00 $10,000.00 $10,000.00 $21,195.00 $21,195.00 $4,910.00 $4,910.00 $9,000.00 $9,000.00 $12,000.0 0 $12,000.0
0 2 Clearing and Grubbing 1 LS $ 2,500.00 $2,500.00 $ 1,500.00 $1,500.00 $ 5,000.00 $5,000.00 $ 1,000.00 $1,000.00 $ 6,975.00 $6,975.00 $ 4,197.14 $4,197.14 $3,000.00 $3,000.00 $3,500.00 $3,500.00 $5,000.00 $5,000.00 $10,000.00 $10,000.00 $5,000.00 $5,000.00 $5,988.00 $5,988.00 $3,500.00 $3,500.00 $1,200.00 $1,200.00 3 Erosion Control Plan & BMPs 1 LS $ 500.00 $500.00 $ 1,500.00 $1,500.00 $ 2,000.00 $2,000.00 $ 1,000.00 $1,000.00 $ 2,750.00 $2,750.00 $ 2,399.98 $2,399.98 $1,200.00 $1,200.00 $1,500.00 $1,500.00 $2,500.00 $2,500.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $2,994.00 $2,994.00 $5,900.00 $5,900.00 $4,500.00 $4,500.00 4 Construct 4’ x 8’ Project Sign. See info in Appendix 1 EA $ 500.00 $500.00 $ 2,500.00 $2,500.00 $ 1,000.00 $1,000.00 $ 3,500.00 $3,500.00 $ 2,750.00 $2,750.00 $ 3,076.47 $3,076.47 $1,000.00 $1,000.00 $1,225.00 $1,225.00 $2,500.00 $2,500.00 $5,000.00 $5,000.00 $3,000.00 $3,000.00 $719.00 $719.00 $2,340.00 $2,340.00 $500.00 $500.00 5 Cold mill 2” uniform depth per plans and specifications, including remove and dispose of all existing wheel stoppers. 32,000 SF $ 0.65 $20,800.00 $ 0.50 $16,000.00 $ 1.40 $44,800.00 $ 0.73 $23,360.00 $ 0.84 $26,880.00 $ 0.62 $19,840.00 $0.88 $28,160.00 $0.41 $13,200.00 $0.85 $27,200.00 $1.00 $32,000.00 $0.60 $19,200.00 $0.78 $24,960.00 $0.78 $24,960.00 $0.56 $17,920.00 6 Construct 2” AC overlay per plans and specifications 385 TN $ 140.00 $53,900.00 $ 130.00 $50,050.00 $ 320.00 $123,200.00 $ 224.00 $86,240.00 $ 197.00 $75,845.00 $ 160.86 $61,931.10 $177.00 $68,145.00 $206.80 $79,618.00 $168.47 $64,860.95 $160.00 $61,600.00 $133.00 $51,205.00 $142.78 $54,970.30 $176.00 $67,760.00 $152.10 $58,558.5 0 7 Construct variable thickness AC overlay for the designated ADA parking stalls, loading area and walking path per plans and specifications 1 LS $ 2,500.00 $2,500.00 $ 3,000.00 $3,000.00 $ 5,000.00 $5,000.00 $ 11,900.00 $11,900.00 $ 7,200.00 $7,200.00 $ 8,215.02 $8,215.02 $10,340.00 $10,340.00 $2,750.00 $2,750.00 $8,855.00 $8,855.00 $10,000.00 $10,000.00 $3,000.00 $3,000.00 $11,153.00 $11,153.00 $2,800.00 $2,800.00 $14,260.0 0 $14,260.0
0 8
Construct variable thickness AC overlay for the transition area per plans and specifications 1 LS $ 2,500.00 $2,500.00 $ 500.00 $500.00 $ 3,000.00 $3,000.00 $ 6,300.00 $6,300.00 $ 950.00 $950.00 $ 12,158.17 $12,158.17 $3,675.00 $3,675.00 $1,750.00 $1,750.00 $3,800.00 $3,800.00 $6,000.00 $6,000.00 $2,000.00 $2,000.00 $8,234.00 $8,234.00 $1,260.00 $1,260.00 $5,060.00 $5,060.00 9 Remove and dispose the existing two (2) ramps and the flared curb, including remove and dispose of the existing abandoned payphone stand and restore the underneath sidewalk concrete surface clear as adjacent areas
1 LS $ 8,500.00 $8,500.00 $ 11,500.00 $11,500.00 $ 5,000.00 $5,000.00 $ 7,280.00 $7,280.00 $ 7,575.00 $7,575.00 $ 12,292.98 $12,292.98 $5,850.00 $5,850.00 $3,500.00 $3,500.00 $7,820.00 $7,820.00 $5,000.00 $5,000.00 $3,000.00 $3,000.00 $5,030.00 $5,030.00 $5,200.00 $5,200.00 $6,828.00 $6,828.00 10 Construct ADA Concrete Ramp with retaining curb and detectable warning 2'x4' per to APWA/ SPPWC 111, this plan and specifications. Use concrete class 560-C-3250. MAX Slope 8.33%
2 EA $ 9,800.00 $19,600.00 $ 8,500.00 $17,000.00 $ 6,500.00 $13,000.00 $ 6,650.00 $13,300.00 $ 5,900.00 $11,800.00 $ 6,829.43 $13,658.86 $4,600.00 $9,200.00 $6,600.00 $13,200.00 $9,260.00 $18,520.00 $3,500.00 $7,000.00 $4,000.00 $8,000.00 $6,587.00 $13,174.00 $13,000.00 $26,000.00 $10,000.0 0 $20,000.0
0 11
Remove and dispose the existing disabled parking stall signs. Furnish and install new ones per Caltrans Standard Plan R99C(CA), this plan and specifications.
2 EA $ 125.00 $250.00 $ 500.00 $1,000.00 $ 500.00 $1,000.00 $ 560.00 $1,120.00 $ 615.00 $1,230.00 $ 490.26 $980.52 $770.00 $1,540.00 $475.00 $950.00 $700.00 $1,400.00 $400.00 $800.00 $400.00 $800.00 $179.50 $359.00 $800.00 $1,600.00 $285.00 $570.00 12 Furnish and Apply 4” wide thermoplastic reflective blue striping, and blue borders for handicap parking stalls, loading area and path including handicap and no parking symbols per 2024 CALTRANS standard plan A24C, this plan and specifications
1 LS $ 3,500.00 $3,500.00 $ 3,500.00 $3,500.00 $ 3,450.00 $3,450.00 $ 4,200.00 $4,200.00 $ 8,000.00 $8,000.00 $ 3,922.04 $3,922.04 $3,075.00 $3,075.00 $4,000.00 $4,000.00 $3,000.00 $3,000.00 $3,500.00 $3,500.00 $3,300.00 $3,300.00 $7,019.00 $7,019.00 $3,200.00 $3,200.00 $8,100.00 $8,100.00 13 Furnish and Apply 4” wide thermoplastic reflective white Striping (parking stalls) for the parking lot per plans and specifications 1 LS $ 7,650.00 $7,650.00 $ 3,000.00 $3,000.00 $ 2,900.00 $2,900.00 $ 3,500.00 $3,500.00 $ 3,570.00 $3,570.00 $ 3,268.38 $3,268.38 $2,550.00 $2,550.00 $7,750.00 $7,750.00 $6,400.00 $6,400.00 $3,000.00 $3,000.00 $3,300.00 $3,300.00 $15,749.00 $15,749.00 $2,900.00 $2,900.00 $6,600.00 $6,600.00 14 Repair and fill cracks, saw cutting the existing concrete slab into six (6) panels. Furnish and apply sealant to the new control joints. Furnish and apply concrete finish painting to the entire concrete slab surface. As per plans and specifications
1 LS $ 2,500.00 $2,500.00 $ 6,500.00 $6,500.00 $ 10,000.00 $10,000.00 $ 4,900.00 $4,900.00 $ 4,450.00 $4,450.00 $ 8,878.26 $8,878.26 $4,000.00 $4,000.00 $6,393.00 $6,393.00 $6,500.00 $6,500.00 $7,500.00 $7,500.00 $8,000.00 $8,000.00 $4,689.00 $4,689.00 $10,000.00 $10,000.00 $2,080.00 $2,080.00 15 Repair the damaged areas in the existing PCC cross gutter. Furnish and apply concrete finish painting to the entire gutter surface. As per plans and specifications
1 LS $ 2,500.00 $2,500.00 $ 5,500.00 $5,500.00 $ 8,500.00 $8,500.00 $ 6,300.00 $6,300.00 $ 5,850.00 $5,850.00 $ 10,927.09 $10,927.09 $7,900.00 $7,900.00 $3,360.00 $3,360.00 $4,000.00 $4,000.00 $3,000.00 $3,000.00 $6,000.00 $6,000.00 $3,102.00 $3,102.00 $9,300.00 $9,300.00 $6,400.00 $6,400.00 16 Clean the gutter and all curb drain holes per plans and specifications 1 LS $ 1,000.00 $1,000.00 $ 1,000.00 $1,000.00 $ 3,500.00 $3,500.00 $ 2,240.00 $2,240.00 $ 1,850.00 $1,850.00 $ 2,771.34 $2,771.34 $3,100.00 $3,100.00 $1,600.00 $1,600.00 $1,500.00 $1,500.00 $3,000.00 $3,000.00 $2,000.00 $2,000.00 $2,653.00 $2,653.00 $1,700.00 $1,700.00 $1,100.00 $1,100.00 17 52
53 54
BID RANKING Apparent Low
Bidder 1
Apparent Low
Bidder 2
Apparent Low
Bidder 3
Apparent Low
Bidder 4
Apparent Low
Bidder 5
Apparent Low
Bidder 6
Apparent Low
Bidder 7
Apparent Low
Bidder 8
Apparent Low Bidder 9
Apparent Low
Bidder 10
Apparent Low
Bidder 11
Apparent
Low Bidder
12 Apparent Low
Bidder 13
Apparent
Low
Bidder 14
TOTAL BID AMOUNT CALCULATED BASED ON UNIT PRICES $131,200.00 $137,550.00 $257,400.00 $183,140.00 $175,625.00 $180,478.75 $163,735.00 $158,726.00 $168,855.95 $172,400.00 $144,000.00 $165,703.30 $177,420.00 ######## #
TOTAL BID AMOUNT INDICATED BY BIDDER $131,200.00 $137,550.00 $257,400.00 $180,836.00 $175,625.00 $180,478.75 $163,735.00 $158,726.00 $168,855.95 $172,400.00 $144,000.00 $165,703.30 $177,420.00 ######## #

CALCULATION CORRECTIONS TO BID AMOUNT SUBMITTED BY CONTRACTOR BASED ON CALCULATED BID AMOUNT $0.00 $0.00 $0.00 $2,304.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 BID TABULATION Packet Page. 1092 1 of 8
ADDITIVE ALTERNATE #1
ADDITIVE ALTERNATE # TOTAL
$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 BASE BID + ADDITIVE ALTERNATVE TOTAL
$131,200.00 $137,550.00 $257,400.00 $183,140.00 $175,625.00 $180,478.75 $163,735.00 $158,726.00 $168,855.95 $172,400.00 $165,676.50 IS THE BIDDER QUALIFIED BASED ON REFERENCE PROJECTS Yes SUBCONTRACTOR % AND AMOUNT SHOWN IN THE BID
DID THE BIDDER MEET MAX 49% SUB CONTRACTOR (MIN 51% WORK BY PRIME

CONTRACTOR) REQUIREMENT

SUBCONTRACTORS
TOTAL TOTAL $0.00 TOTAL $0.00 TOTAL $0.00 TOTAL $0.00 TOTAL $0.00

1. BID TABULATION
PROJECT NAME: VILLASENOR LIBRARY - PARKING LOT SURFACING PROJECT NO: PR26-002

UNIT BID
PRICE

HIGHEST

UNIT BID
J B Bostick LLC Terra Pave, Inc. PRICE Roadway Engineering & Construction Corp.

2. REVIEW OF APPARENT LOW BID
APPARENT LOW BID SUBMITTED BY: J B Bostick LLC APPARENT LOW BID AMOUNT:

ITEM REVIEWED/CHECKED REVIEW RESULT BY DATE REMARKS
BID STAMPED AS RECEIVED PRIOR BID TIME: Yes Mohammad Alkhateeb####### #
BID BOND IN PROPER AMOUNT: Yes Mohammad Alkhateeb####### #
ADDENDA ACKNOWLEDGEMENT: N/A Mohammad Alkhateeb#######
#
TOTAL BID PRICES CALCULATED CORRECTLY: Yes Mohammad Alkhateeb####### #
SUBCONTRACTOR AMOUNT:

MIN PRIME CONTRACTOR % REQUIREMENT FOR WORK PER SPECIFICATIONS:

PRIME CONTRACTOR % CALCULATED PER BID SUBMITTAL (THIS % MUST BE EQUAL OR MORE THAN ABOVE %):

BIDDER COMPLIES WITH MIN PRIME CONTRACTOR % REQUIREMENT:

MAX ALLOWABLE SUBCONTRACTOR PERCENT PER SPECIFICATIONS:

SUB CONTRACTOR % CALCULATED PER BID SUBMITTAL (THIS % MUST BE EQUAL OR LESS THAN ABOVE %):

BIDDER COMPLIES WITH MAX. SUB CONTRACTOR % REQUIREMENT:

PRIME CONTRACTOR LICENSE STATUS:

JB Bostick LLC
Current and active till
10/31/2026 Mohammad Alkhateeb########
Print-out from CLSB Web Page attached (http://www.cslb.ca.gov/) PRIME CONTRACTOR DIR REGISTRATION STATUS: Active till 06/30/2028 Mohammad Alkhateeb####### #
Print-out from DIR Web Page attached (https://services.dir.ca.gov/gsp) SUB CONTRACTOR LICENSE STATUS: Falcon Striping,
Inc.

Current and active till
06/30/2026 Mohammad Alkhateeb########
Print-out from CLSB Web Page attached (http://www.cslb.ca.gov/) SUB CONTRACTOR DIR REGISTRATION STATUS: Active till 06/30/2027 Mohammad Alkhateeb####### #
Print-out from DIR Web Page attached (https://services.dir.ca.gov/gsp) SUB CONTRACTOR LICENSE STATUS:

SUB CONTRACTOR DIR REGISTRATION STATUS: