Agenda packet — Mayor and City Council, January 21, 2026 (part 3 of 6)

3.08WATERING
A.It shall be the Contractor's responsibility to maintain a balanced watering program to ensure proper growth until final acceptance of the work.

B.Immediately after planting, apply water to each tree, shrub or vine. Apply water using a gentle spray pattern via a water wand in the planting hole until the material about the roots is completely saturated from the bottom of the hole to the top of the ground.

C.Apply water in sufficient quantities and as often as seasonal conditions require to keep the planted areas moist at all times per the plants requirements, well below the root system of plants.

D.For hydroseed installation using Eco Mat or other subsurface irrigation the contractor will be responsible for any head adjustments or hand watering required to germinate the seeds against any hardscape buffer areas (typically 24”) at no additional cost.

E.Irrigation:

1.Contractor shall properly and completely maintain the irrigation system.

Contractor to program controller per watering schedule on irrigation plans and adjust in the field as necessary. Overhead irrigation areas to have a maximum run time of 15 minutes per cycle with additional cycles as needed. At no time will run off or erosion be allowed.

3.09MULCHING
A.Contractor to apply a 3" minimum mulch layer to all planting areas unless specified as other ground cover treatment by the plans.

B.Contractor to keep mulch from plant trunks as follows:

1.Shrubs shall have 3" of clearance from trunks/main stems to mulch

2.Trees shall have 6" of clearance from crown/ base of the flare to mulch

3.10PLANT PROTECTION
A.The Contractor is responsible for all aspects of protection of the installed landscape from loss or damage through the Plant Establishment and Maintenance periods until the final acceptance via written notice. This shall

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include any additional materials or protection methodologies such as but not limited to ground wire cages, shields, trunk covers, shading, herbivore protection above/below via product use or trapping and or removal, application of deterrents, and Pest and Insect control.

3.11PRUNING
A.All shrubs and trees shall be pinch pruned as necessary to encourage new growth and to eliminate rank sucker growth. Old flowers, and dead foliage and limbs shall be removed. No major pruning shall be done without the approval of the L.A. Any damage to shrubs and trees that drastically changes structure and or appearance shall require the Contractor to replace in kind with an approved replacement at no additional cost per the direction of the Landscape Architect.

3.10MAINTENANCE
A.All areas landscaped by Contractor under this contract shall be maintained by said Contractor for a minimum plant establishment period of not less than ninety (90) days or as called for by the Contract documents from the date of written acceptance of initial installation and substantial completion per the requirements of the plans, specifications, and contract documents.

3.11START OF PLANT ESTABLISHMENT
A.Criteria for start of plant establishment period:

1.The plant establishment period shall not start until all elements of the project that impact the landscape are completed in accordance with the contract documents. Projects will not be segmented into phases.

2.Permanent Water and Power to remote controllers shall be established.

3.Fully automatic irrigation including acceptance of installation and as- builts/controller charts.

4.Written acceptance of the Owners Representative must be obtained prior to the start of the plant establishment period.

5.If the project maintenance fails to continuously meet standards required, the plant establishment period "day count" will be suspended and will not recommence until Contractor has corrected all deficiencies.

6.The 90-day establishment period is the minimum required and will be extended as needed at no additional cost to remedy issues and bring the project into compliance.

3.12LANDSCAPE MAINTENANCE (PLANT ESTABLISHMENT)
A.Refer to section 32 90 05 Landscape Maintenance

3.13CLEAN UP
A.Upon completion of the work, the Contractor shall smooth all ground surfaces; remove excess materials, rubbish, debris, etc.; sweep adjacent streets, curbs, gutters, walkways, and trails; and remove construction equipment from the premises.

B.This shall include power washing all hardscape, site structures, site furnishings to return them to a state of clean and unsoiled. If the finish has been soiled past the ability to be washed off the Contractor shall be responsible to returning it to a new finish state, including repainting, refinishing, and in extreme cases replacing in whole.

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END OF SECTION

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SECTION 32 90 05

LANDSCAPE MAINTENANCE
PART 4 GENERAL

1. SECTION INCLUDES
a. Furnishing and implementing a complete landscape maintenance program to maintain all planting areas from time of Accepted plant installation through the (90) ninety-day or per contract document Plant Establishment Period and accepted Final Completion.

Contractor shall note the (90) ninety-day period is the minimum for plant establishment and that failures of plant performance/establishment and or Contractor failures to properly meet all requirements shall extend the period as deemed necessary by the Owner’s Representative.

2. SCOPE OF WORK
a. Furnish all supervision, labor, materials, equipment and transportation required to maintain the landscape in a thriving condition as it establishes and take root, as specified herein.
1) Care of all lawn and ground cover areas if present, including watering, cutting, edging, trimming, fertilizing and pest control within all ground cover areas as directed herein.
2) Care of all shrubs, trees, and groundcover areas, including watering, cultivation, pruning, fertilization, debris removal, and pest control including but not limited to:
a) All cultivation and soil aeration as necessary to maintain optimum conditions for plant growth.
b) Fertilization of all plant material on a regular schedule, including soil testing as necessary to determine requirements and application methods with reference to the project soil analysis.
c) All pruning, re-staking, tightening or adjustment of guy wires or straps and trimming of plant material that is required in landscape areas to promote growth and proper structure.
d) Control and/or prevention of diseases, insect and or rodent infestation using methods and techniques approved by State Licensing Agency. 3) Supplemental watering of plant material on a regular basis through use of automatic irrigation systems and/or hand watering as needed, while consistently monitoring and adjusting water needs to maintain optimum conditions for plant growth per each species/ hydrozones requirements.
4) Maintenance of irrigation systems, including adjustment of heads and valves and regular controller program updating, cleaning of filters, and fertilizer injection systems if included per plans.
5) General maintenance of the site and associated amenities including removal of litter and debris, cleaning of site features, graffiti removal, and reapplication of any anti- graffiti coatings as required.

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6) Replacement of plantings, or other materials, that, in the Owner's Representatives opinion, require replacement due to failure, decline or the Contractor's neglect in care or maintenance at no cost to owner.
7) Protection of Property and Landscape During Inclement Weather: During periods of inclement weather, Contractor shall provide supervisory inspections of the project during regular hours to prevent of minimize possible damage from storms or weather events. Contractor shall report any storm damage to Owner’s Representative.
8) Protection of Existing Facilities and Structures: Contractor shall exercise due care in protecting from damage all existing facilities, structures, and utilities both above and below grade from maintenance activities- any damage from equipment or personnel shall be repaired or replaced immediately to the original condition of a new installation.
9) Project Inspection: Contractor will meet with Owners Representative per approved schedule to verify compliance with specifications. Following each meeting, Contractor will submit written reports noting problems cited during inspections and any actions taken.
10) Work Schedule: A monthly schedule shall be prepared and submitted to the Owner prior to the beginning of each month. Schedules shall indicate times, days of the week and type of work to be performed including manpower for approval. b. Section also includes notification and coordination with the Recreation & Park Department if present prior to completion of the Plant Maintenance Period.

3. RELATED WORK
a. Section 32 84 00 – Planting Irrigation
b. Section 32 90 00 – Planting

4. REFERENCE STANDARDS
a. Plant Material Standards: “American Standard for Nursery Stock”, current edition, American Association of Nurserymen.
b. Staking and Guying Procedures: "Staking Landscape Trees", University of California Extension Publication #2576.
c. Pruning Procedures: "Pruning Landscape Trees", University of California Extension Publication #2574.
d. ISA standards and BMP

5. WORK FORCE
a. Supervision: Contractor shall furnish competent supervisors, to be present on the job site at all times during which work is being performed. Supervisors must possess adequate technical background, preferably with formal education in ornamental horticulture. Supervisors must be English speaking and preferably bilingual (in Spanish) if crews are Spanish speaking.
b. General Personnel: In addition to Supervisors, Contractor shall supply sufficient working personnel capable of promptly accomplishing, on schedule, all work required under this contract during regular hours.

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c. All such personnel shall be physically able to perform their assigned work. The Contractor and his employees shall conduct themselves in a proper and efficient manner at all times and shall cause the least possible annoyance to the public. They shall be fully clothed in uniforms and suitable attire. All maintenance staff shall have ID badges and the current PPE as required by OSHA. The Owner may require the Contractor to remove from the work site any employee(s) deemed careless, incompetent, or otherwise objectionable, whose continued employment on the job is considered to be contrary to the best interest of the Owner. All personnel shall be U.S. citizens or legal residents.

6. WARRANTY
a. Refer to Section 32 90 00 – Planting.

7. SCHEDULE
a. Submit a proposed maintenance work schedule to the Owner’s Representative in writing for review at least 10 days prior to commencement of maintenance work. All maintenance work shall be done at times approved by the Owner’s Representative so as not to conflict with the operation of the project.
b. Project site must be visited twice weekly for the first (30) days and once weekly as a minimum thereafter until the end on establishment.
c. For Projects with extended maintenance periods over 90 days see below for a reference of general required activities.

Frequency Per Month:

Operation JAN FEB MA
R
AP
R
MA

Y JUN JUL AU
G
SEP
T
OC
T
NO
V
DE
C
Site Check 4 4 4 4 4 4 4 4 4 4 4 4
Debris
Removal 2 2 3 3 4 4 4 4 3 3 2 2
Pruning 0 1 0 0 0 0 0 0 0 1 0 0
Weed
Control 0 2 3 3 4 4 4 4 3 2 2 0
Clean +
Sweep 2 2 3 3 4 4 4 4 4 4 2 2
Irrigation
Adjustment 1 1 1 1 2 2 2 2 2 1 1 1

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8. TECHNICAL SPECIFICATIONS
a. Turf-Mow-Edge
1) Mowing
a) All turf areas shall be mowed once per week at a minimum- adjustments to mowing’s per week may be directed dependent on turf and season. b) Work shall be performed on the same day each week. Initial week schedule and any changes must be approved by the Owner prior to implementation. c) Mowing’s missed visits due to inclement weather or ground conditions from such weather shall be rescheduled and completed within 3 work days on weekly schedule and within 7 days on bi-weekly schedule. d) Cutting heights shall be adjusted according to the type of grass in accordance with the following:

TURF TYPE TIME OF YEAR
CUT
HEIGHT
Bluegrass and
Fescue
June through September 3”
Bluegrass and
Fescue
September through May 2”
St. Augustine Year-Round 2-1/4"
Bermuda Year-Round 3/4"
Buffalo Grass Year-Round 1-1/2”
e) All warm season grasses to include Bermuda, Buffalo and St. Augustine shall be mowed with a power-driven reel type mower. Bluegrass and Fescue may be mowed with either power-driven reel type or rotary type mowers. All equipment shall be adjusted to the proper cutting heights and shall be adequately sharpened.
f) All visible grass clippings shall be collected and removed from the site prior to the completion of that day's mowing operations or the end of the day, whichever occurs first.
g) All trash, leaves, paper and other debris shall be removed and disposed of off- site prior to mowing.
h) All walkways, roadways, trails or other areas dirtied by mowing operations shall be cleaned and all debris disposed of off-site prior to the completion of that day's mowing operations or the end of the day, whichever occurs first. 2) Edging
a) All turf grass borders shall be neatly and uniformly edged or trimmed concurrent with every mowing with bladed tools- no string trimmers will be allowed for edging.
3) Turf Maintenance
a) All turf areas shall be irrigated as required to maintain adequate growth and appearance.
b) Contractor shall monitor the requirements of the plant material, soil conditions, seasonal temperature variations, wind conditions and rainfall and shall recommend appropriate changes in duration of watering cycles. No actual changes will be implemented without prior approval of the Owner.

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c) Special areas of consideration:
(1) Special irrigation zones may exist such as, sub irrigation zones for turf adjacent to hardscape. In some situations, for example in hydroseeded applications, the Contractor shall hand water as required for initial germination and establishment as part of the installation and establishment period if deemed necessary. This will be included with the contract price and no additional cost or charges will be allowed. 4) Weed Control
a) A regular program of approved chemical application shall be used to control weed growth, supplemented by hand removal of noxious weeds or grasses as necessary.
b) In areas of native planting, hand removal may ne the only method allowed. 5) Fertilization
a) All turf areas shall be fertilized in accordance with soils report, specific turf requirements and or recommendations when granular fertilization is used; if no soils report exists, the following criteria shall prevail.

TURF FORMULA RATE CYCLE
Bluegrass 16-6-8 w/trace elements 1 lb. actual nitrogen/ 1,000 S.F. 45 days
Bermuda
Ammonia Nitrate 33.5-0-
0 16-6-8 w/trace elements
1 lb. actual nitrogen/
1,000 S.F. 45 days
Fescue 16-6-8 w/trace elements 1 lb. actual nitrogen/
1,000 S.F. 45 days
St. Augustine Ammonia Nitrate 33.5-0-
0 1 lb. actual nitrogen/
1,000 S.F. 45 days
Buffalo grass Manufacture approved
crab grass preventer Per manufacturer 45 days
b. Fallen Vegetation and Debris Removal
1) The contractor shall police the entire project area including all paved areas, planters, lawn areas, sidewalks (including common area sidewalks) and trash enclosures and collect fallen leaves, branches and limbs regardless of length or diameter, dead vegetation, paper, trash, cigarette butts, garbage, rocks, and any and all other debris to prevent unsightly and inordinate accumulations during normal maintenance working hours. Sidewalks shall be swept or washed as necessary to keep free of trash and graffiti. Collected items shall be promptly removed and taken to a legal disposal site.
c. Removal of Dead Animals or animal waste
1) Removal and legal disposal of animal carcasses and animal waste are considered a normal maintenance task for the duration of the maintenance period. Dead carcasses shall be legally removed immediately when discovered by the contractor.

For areas that include dog parks all animal waste shall be immediately removed once discovered by the contractor.
d. Erosion Control

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1) Any installed erosion control measures such as straw wattles, silt fences, sand/gravel bags, etc. are to be continually maintained throughout the project by the Contractor. This shall include sediment/soil removal and replacement, BMP maintenance and replacement to due to damage, failure, or end of life. 2) The contractor is responsible for daily visual inspection of landscape areas and slopes and immediately reporting areas experiencing erosion to the landscape architect and/or owner's representative on the same day noticed. If the contractor fails to notify the landscape architect and/or owner's representative of areas experiencing erosion on the same day noticed, then the contractor assumes full responsibility for any erosion control measures and/or repairs as directed by the landscape architect and/or owner's representative at no additional cost to the owner.
3) The contractor is responsible for immediately repairing and correcting any progressive rilling that may occur.
4) Erosion control measures may include but not be limited to:
a) Filling
b) Raking
c) Redirecting runoff
d) Properly programming irrigation operations
e) Replanting
f) Replacing mulch
g) Providing additional erosion control materials such as:
(1) Jute matting
(2) Filter Fabric
(3) Hay bales
(4) Hay rolls
(5) Silt fencing
(6) Sand Bags
(7) And/or other erosion control items as required to maintain healthy plant material and stable slopes.
e. Additional erosion control measures required due to irrigation operations programmed by the contractor that did not take into account cycle and soak functions of the controller will be installed and/or repaired as directed by the landscape architect and/or owner's representative at no additional cost to the owner.
f. Mulch replenishment
1) Contractor to replenish mulch levels as required to match installation levels with the same type as listed in the documents

9. PROTECTION
a. Maintain all planting areas from time of plant installation, through the Plant Establishment Period and final acceptance, in accordance with Standard Specifications. b. Maintain weed levels to less than 5% of total area with a final goal of less than 3% at completion of the establishment period.
c. Maintenance also includes temporary fences, barriers, and signs as required for protection.

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d. The Contractor shall treat or replace any plant that becomes damaged, fall in decline or be injured, as directed by the Owner’s Representative at no additional cost to the Owner. e. The Contractor shall be responsible for protecting the health and function of the soil including;
1) Maintaining mulch cover
a) Using powered blowers in mulched areas is prohibited. 2) Stripping soil cover and exposing soil is prohibited. 3) Allowing soil to dry out or over watering causing an anaerobic conditions. 4) Compaction of soil due to equipment is prohibited.

If any of the above issues develop or occur during the maintenance period the contractor shall be responsible to correct in full at no cost to the owner, this shall include soil tillage, de-compaction, adding additional amendments, replacing mulch, and removal and replacement of damage soil if mitigation is not feasible.

10. FERTILIZATION
a. Groundcover and all planting shall be fertilized in accordance with soils report recommendations when granular fertilization is used; if no soils report exists, the following criteria shall prevail: apply certified organic compost mulch at the rate of 3 cu yards per 1000 square feet 30 days after installation. Repeat application every 60 days if maintenance period is longer than 90 days. Organic Compost shall be Custom Amendment Mix (WCP 33) by Earthworks Soil Amendments, Inc., 951-782-0260.

PART 5 PRODUCTS
Not used.

PART 6 EXECUTION

1. FIELD QUALITY CONTROL
a. Perform Site Observations: For the purpose of establishing the 90-day Maintenance Period and observing completion of the work of this Section through final acceptance. A minimum of (6) six separate field visits, occurring chronologically as follows:
1) Observation for Maintenance at Commencement
2) 15-day Progress Maintenance Observation
3) 30-day Progress Maintenance Observation
4) 60-day Coordinate Site Meeting with Client’s Site Maintenance Staff 5) 60-day Progress Maintenance Observation
6) 90-day Observation for Final Acceptance
b. Observation for Plant Establishment Period Commencement: Request observation and acceptance by Owner’s Representative after all plant material is installed and after all irrigation work and other work of this Section is completed. Plant Establishment Period shall begin upon acceptance of final planting and review by the Owner’s Representative.

The Period shall continue for a minimum of 90-calendar days until Final Acceptance.

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c. At any time, deficiencies are found such as underperforming plants or a lack of maintenance, the Owner’s Representative will notify the Contractor immediately that the 90-day period has been suspended until such time as the deficiencies are fully corrected. d. The Contractor has 3 days to respond to any notices of deficiencies and make appropriate corrections including plant replacements.

2. PROGRESS MAINTENANCE OBSERVATION
a. General: Notify the Owner’s Representative 72 hours prior to a required scheduled Progress Maintenance Observation. All items determined to be deficient during the previous observation shall be completed prior to the meeting. FAILURE TO DO SO MAY RESULT IN AN EXTENSION OF THE PLANT ESTABLISHMENT and MAINTENANCE PERIOD. In addition, prior to first Progress Maintenance observation, furnish the Owner’s Representative with the following information:
1) An “As-Built” irrigation plan, as specified.
2) All supplier invoices for the nursery stock, commercial fertilizers, soil amendments, mulches and herbicides as shown and specified and as installed. 3) Maintenance schedule for fertilization, irrigation, and for all planting areas. b. Failure to provide the above submittals may result in the re-scheduling of the Progress Maintenance Observations and extend the Maintenance Period. c. Notify the Owner’s Representative in writing, prior to any of the Progress Maintenance Observations of any conditions, which may impede proper plant establishment and or growth.
d. Final Maintenance Observation: Notify the Owner’s Representative at least 7 days before the expiration of the Plant Establishment Period for Final Maintenance Observation. Prior to this observation, all items determined to be deficient during the Progress Maintenance Observations shall be completed and signed-off by the Owner’s Representative.

3. FINAL COMPLETION
a. General: Work under this Section will be accepted by the Owner’s Representative upon satisfactory completion of all work of this Section, Section 32 90 00 Planting, and Section 32 84 00 Planting Irrigation, including 90-Day Plant Establishment Period, exclusive of replacement of plant material under the terms of the Warranty. b. Termination of Observation: During any Observations, any landscape item previously identified as deficient in the Progress Maintenance Observations and determined by the Owner’s Representative to be still deficient, shall automatically terminate the Final Completion and result in the extension of the Plant Establishment Period an additional 30 days. Additional costs associated with subsequent Observations that are a result of the Contractor’s failure to correct deficient items shall be paid by the Contractor. There shall be no conditional final completion agreement for any work.

4. NOTIFICATION TO OWNER FOR TRANSFER OF MAINTENANCE
a. At least one month prior to the end of the 90-Day “Plant Establishment Period,” the Contractor shall notify the Owner’s Representative to coordinate a meeting between the Recreation & Park Department staff and the Contractor to ensure a smooth transition for turn-over of plant maintenance.

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END OF SECTION

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UNIVERSITY PARKWAY EXTENSION –
LANDSCAPIN 170 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 DRAWINGS

2. GEOTECHNICAL REPORT

3. APPROVED DWR ENCROACHMENT PERMIT AND CONDITIONS FOR

UNVERISTY PARKWAY EXTENSION PROJECT, WITH APPROVED PLANS NOTE: Item 1 above will be uploaded to PLANETBIDS separately.

Item 2 and 3 above will be combined and uploaded on PLANETBIDS.

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LANDSCAPIN 170 PLANS AND DRAWINGS

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PROJECT SIGN
UNIVERSITY PARKWAY EXTENSION –

LANDSCAPIN
171 ROJECT SIGN

CITY OF SAN BERNARDINO
Building a Better San Bernardino

UNIVERSITY PARKWAY EXTENSION - MEDIAN AND

STREETSCAPING IMRPOVEMENTS
PROJECT No. SS04-009B

Estimated Completion: Spring 2026
Funding Provided By: Regional Circulation System
Council Ward: 6
Helen Tran, Mayor
Eric Levitt, City Manager
Council Members: Theodore Sanchez, Sandra Ibarra, Juan Figueroa, Fred Shorett, Ben Reynoso, Kimberly Calvin, Damon Alexander For more information, please call the Engineering Department (909) 384-5019 Size: 4’ Vertical by 8’ horizontal. Material: ½” Plywood with graffiti laminate. Colors: White background, blue and black graphics, full color logo.

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PROJECT SIGN
UNIVERSITY PARKWAY EXTENSION –

LANDSCAPIN
171 ROJECT SIGN

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LANDSCAPIN
172

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: January 21, 2026
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 PowerTech Inc. for Rowe Library - Parking Lot Surfacing in the amount of
$110,367.08 and Contingency of $109,632.92 for a Total
Amount of $220,000 (Ward 7)
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 PowerTech Inc., in the amount of $110,367.08 for the Rowe Library - Parking Lot Surfacing (Project); and

2. Authorize the construction contingencies, construction management, and administrative costs in the total amount of $109,632.92 for the Project, bringing the total Project budget to $220,000; and

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

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

City Manager's Comments
No comments
Executive Summary
Awarding the agreement for the Rowe Library - Parking Lot Surfacing Project will ensure continued safety, accessibility, and usability of the parking lot at 108 E Marshall Blvd, San Bernardino, CA 92404, (Ward 7). Approval of this agreement will allow the City to issue PowerTech Inc. a Notice to Proceed and begin construction activities to

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rehabilitate and improve the parking area. The Project consists of resurfacing and re- striping the parking lot, upgrading ADA access and performing minor drainage and lighting improvements necessary to bring the facility up to current standards and enhance public access. The Project is funded through Measure S allocations as adopted in the FY 2025–2026 Capital Improvement Program.

Background
The Rowe Branch Library, located at 108 E Marshall Blvd, San Bernardino, CA 92404 (Ward 7), serves as a vital community resource providing educational and cultural programs to local residents. The library’s parking lot, which accommodates daily visitors and staff, has experienced extensive surface wear over time due to weather exposure and frequent use.

The existing asphalt pavement exhibits cracking, rutting, and uneven areas that create trip hazards and drainage issues. In addition, the existing driveway approaches and ADA markings no longer meet current Americans with Disabilities Act (ADA) standards.

Several lighting fixtures have also deteriorated, resulting in reduced illumination and potential safety concerns for evening visitors.

To address these deficiencies, City staff developed the Rowe Library - Parking Lot Surfacing Project to restore the facility’s parking area to a safe and functional condition.

The Project includes new asphalt paving and re-striping, removal and replacement of existing driveway approaches, installation of ADA-compliant signages, striping, and markings, and improvements to the accessible path of travel from the parking area to the building’s ramp. The work also includes water-jetting two (2) drop inlets to improve drainage performance and replacing the lighting bulbs and globes to enhance nighttime safety and visibility. These improvements will extend the life of the pavement, improve drainage, ensure compliance with ADA accessibility standards, and enhance the overall safety and appearance of the library facility.

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 Rowe Library - Parking Lot Surfacing Project.

Discussion
The proposed Rowe Library - Parking Lot Surfacing Project located at 108 E Marshall Blvd, San Bernardino, CA 92404, includes asphalt paving, re-striping, ADA improvements and minor site enhancements to improve safety and accessibility for library users. The work will restore the parking lot surface, upgrade access routes, and ensure the facility remains compliant with ADA accessibility and City Standards.

The Project was publicly advertised for competitive bidding through PlanetBids on October 16, 2025, and bids were opened on November 06, 2025. A total of sixteen (16) sealed bids were received. The total base bid plus additive alternate prices are as follows:

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SN NAME OF BIDDER CITY TOTAL BID
1 PowerTech Inc. Yucaipa $110,367.08
2 Onyx Paving Company, Inc. Yorba Linda $122,000.00
3 Leonida Builders, Inc. Acton $135,450.00
4 Prestige Paving Company, Inc. La Mirada $144,003.26
5 Roadway Engineering & Construction
Corp.

Perris $148,618.00
6 Paveco Construction Inc. Baldwin Park $149,417.50
7 Horizons Construction Co. Int’l, Inc. Orange $150,420.00 8 Cali State Paving, Inc. Riverside $152,179.00
9 Copp Contracting, Inc. Buena Park $155,075.86
10 JB Bostick LLC Anaheim $162,784.00
11 PaveWest, LLC Artesia $168,025.98
12 Global Builders, Inc. Laguna Hills $169,888.00
13 Venture Construction & Management Corona $182,747.00 14 NoLimit Construction Hesperia $189,000.00
15 Guilherme Engineering Victorville $200,000.00
16 RBH Construction & Engineering Inc. Marina del
Rey
$236,050.00
After review, staff determined that PowerTech Inc., of Yucaipa, California, submitted the lowest responsive and responsible bid in the amount of $110,367.08. Staff have reviewed PowerTech Inc.’s bid documents, CSLB license, and DIR registration, and confirmed that all requirements were met. Staff recommends awarding the construction agreement to PowerTech Inc.

The total Project cost, including contingencies, construction management, and administrative expenses, is estimated at $220,000. The Project is fully funded through Measure S, adopted as part of the City’s FY 2025-2026 Capital Improvement Program (CIP) budget.

Project Cost
Lowest Bid $110,367.08
Contingency & Administrative Cost $109,632.92
Total Construction Cost $220,000.00
The improvements will enhance the functionality, safety, and accessibility of the library’s parking area, benefiting both patrons and staff, and supporting the City’s continued commitment to maintaining high-quality public infrastructure and community facilities.

Funding for this Project was adopted on June 04, 2025, under Measure S as part of

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2 4
7 0
the budget adoption process, with an allocated budget of $250,000. Of this amount, $220,000 is needed for the construction and repaving of the asphalt, leaving a remaining balance of $30,000 for future expenses or additional Project needs.

Budget
Rowe Library - Parking Lot Surfacing
Improvement Budget $250,000
Project Total Cost $220,000
Remaining Budget for
Rowe Library - Parking Lot Surfacing $30,000
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 facility 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.

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2021-2025 Strategic Targets and Goals
Authorizing this agreement aligns with Key Target No. 3: Improved Quality of Life. The completion of the Rowe Library - Parking Lot Surfacing Project will enhance the safety, accessibility, and functionality of the library’s parking facilities, ensuring a more welcoming and secure environment for all patrons and staff. These improvements support the City’s goal of maintaining high-quality public spaces and community- serving infrastructure.

Fiscal Impact
The total Project cost is $220,000 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 PowerTech Inc., in the amount of $110,367.08 for the Rowe Library - Parking Lot Surfacing (Project); and

2. Authorize the construction contingencies, construction management, and administrative costs in the total amount of $109,632.92 for the Project, bringing the total Project budget to $220,000; and

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

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

Attachments
Attachment 1 Agreement with PowerTech Inc.

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

Ward 7
Synopsis of Previous Council Actions:

June 04, 2025, FY 2025/2026 Budget Presentation (All Wards) CC: Eric Levitt, City Manager

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Rowe Library – Parking Lot Surfacing -1- 00 52 13 – CONTRACT FOR CONSTRUCTION

00 52 13 – CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”) , CIP No. PR26-003, Contract - Specifications No. 13668 is made and entered into this 21st day of January, 2026 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 PowerTech Inc. , sometimes hereinafter called “Contractor.”
WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:

ARTICLE 1. SCOPE OF WORK.

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

Rowe Library – Parking Lot Surfacing, PR26-003, Specifications No. 13668 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 Ten Thousand, Three Hundred Sixty- Seven Dollars And Eight Cents ($110,367.08). 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 deduct that amount from any money due or that may become due the Contractor under the

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Rowe Library – Parking Lot Surfacing -2- 00 52 13 – CONTRACT FOR CONSTRUCTION

Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.

The “Contract Documents” include the following:

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

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Rowe 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]

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Rowe 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

PowerTech Inc.

[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

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Rowe 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) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney-In-Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)

Signer(s) Other Than Named Above

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Rowe Library – Parking Lot Surfacing -6- ACKNOWLEDGEMENT OF INSURANCE

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: ___________________

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Rowe Library – Parking Lot Surfacing -7- 00 61 13 – BOND FORMS

00 61 13 – BOND FORMS
Performance Bond
KNOW ALL PERSONS BY THESE PRESENTS:

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

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

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

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

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

As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by the City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s

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Rowe Library – Parking Lot Surfacing -8- 00 61 13 – BOND FORMS

obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15.

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

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

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

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

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Rowe Library – Parking Lot Surfacing -9- 00 61 13 – BOND FORMS

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20___.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges is $_______________________________.
(The above must be filled in by corporate attorney.)

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

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Rowe Library – Parking Lot Surfacing -10- 00 61 13 – BOND FORMS

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

appeared , who proved to me on the basis of satisfactory

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

WITNESS my hand and official seal.

Signature of Notary Public

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer

Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney-In-Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)

Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.

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Rowe Library – Parking Lot Surfacing -11- 00 61 13 – BOND FORMS

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

appeared , who proved to me on the basis of satisfactory

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

WITNESS my hand and official seal.

Signature of Notary Public

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer

Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney-In-Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)

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

END OF PERFORMANCE BOND

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Rowe Library – Parking Lot Surfacing -12- 00 61 13 – BOND FORMS

Payment Bond (Labor and Materials).

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

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

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

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

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or

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Rowe Library – Parking Lot Surfacing -13- 00 61 13 – BOND FORMS

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

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

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

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Rowe Library – Parking Lot Surfacing -14- 00 61 13 – BOND FORMS

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

appeared , who proved to me on the basis of satisfactory

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

WITNESS my hand and official seal.

Signature of Notary Public

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer

Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney-In-Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)

Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.

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Rowe Library – Parking Lot Surfacing -15- 00 61 13 – BOND FORMS

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

appeared , who proved to me on the basis of satisfactory

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

WITNESS my hand and official seal.

Signature of Notary Public

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer

Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney-In-Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)

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

END OF PAYMENT BOND

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Rowe 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

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

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

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

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

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

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

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

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

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

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

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

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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 S ubmittals are not Drawings as so defined.

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

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

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

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

28. Holiday – Holidays occur on:

New Year’s Day - January 1
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

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Thanksgiving Day - Fourth Thursday in November
Friday after Thanksgiving
Christmas Eve – December 24
Christmas Day - December 25
Day After Christmas – December 26
New Year’s Eve – December 31

If any Holiday listed above falls on a Saturday, Saturday and the preceding Friday are both Holidays. If the Holiday should fall on a Sunday, Sunday and the following Monday are both Holidays.

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

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

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

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

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

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

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

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

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

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

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39. Specifications -- That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto.

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

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

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

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

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

45. Underground Facilities -- All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid 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 s tate, 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

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to the Site (or some other specified location) ready for use or installation and in usable or operable condition.

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

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

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

5. The word “work” t hat 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.

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2.3 Evidence of Insurance
A. Prior to commencing any W ork 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.

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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

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item will be in cluded in the progress estimate . When no bid item is provided for mobilization payment for such costs will be deemed to be included in the other items of the Work.

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

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

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

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

4. Establishing fire protection system, as applicable.

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

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

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

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

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

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

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

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

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

B. Additional Instructions . After notification of any error, inconsistency, ambiguity, conflict, or lack of detail or explanation, the Engineer will provide any required additional instructions, by means of drawings or other written direction, necessary for proper execution of Work.

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

D. Contractor’s Variation from Contract Document Requirements. If it is found that the Contractor has varied from the requirements of the Contract Documents including the requirement to comply with all A pplicable 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

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

2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of the City , Contractor, or any of their Subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to the City, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to 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 the reby (except in an emergency) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in the Contract Documents, and any Work performed by Contractor before receipt of an amendment or supplement shall be at Contractor’s own risk.

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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.

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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 o wnership 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

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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 S ubcontractor 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

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

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

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

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

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

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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,

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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 Cont ractor or for which Contractor is responsible, in a form and with insurance companies acceptable to the City. All policies of automobile insurance shall permit and Contractor does hereby waive any right of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.

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

G. Aviation and/or Drone Liability. If Contractor shall utilize drones as part of the Work, Contractor shall provide Aviation and/or Drone Liability Insurance, in a form and with insurance companies acceptable to City, in the amount of, at least, one million dollars ($1,000,000) per occurrence limit. Such insurance shall provide coverage for bodily injury and property damage.

H. Builder’s Risk [“All Risk”]

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

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

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

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

I. NOT USED.

J. Contractor shall require all tiers of 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 S ubcontractors hired by Contractor are insured in accordance with this Contract. If any Subcontractor’s coverage does not comply with the foregoing provisions, Contractor shall indemnify and hold the City harmless from any damage, loss, cost, or expense, including attorneys’ fees, incurred by the City as a result thereof.

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

L. Form and Proof of Carriage of Insurance

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

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

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

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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,

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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)

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

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

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an emergency situation); and (iii) notify the City (and promptly thereafter confirm such notice in writing).

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

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

5.7 Sanitary Facilities.

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

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

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

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.

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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 wit h 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 j urisdiction, 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

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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 SW PPP 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, officer s, 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

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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 f ederal, state, and local environmental rules and regulations. Any infractions of said rules and regulations by the Contractor during the term of the Contract, which result in penalties, will be the responsibility of the Contractor. The City operates under a number of environmental permits issued by various agencies. If due to an action, inaction, or negligence by the Contractor , the City becomes subject to non- compliance penalties, the cost of such penalties shall be borne by the Contractor.

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

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

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

D. If, in the performance of the Work, Contractor should unearth cultural resources (for example, human remains, animal bones, stone tools, artifacts and/or midden deposits) through excavation, grading, watering or other means, the Contractor shall notify the construction/archeological m onitor and/or the City Representative immediately, giving the location and nature of the findings. Written confirmation of the evidence, location and nature of the findings shall be forwarded to the construction/archeological monitor and/or City within two (2) Days. The Contractor shall immediately cease all construction activities in the immediate area of the discovery to the extent necessary to protect the cultural resource. If directed by the City Representative, Contractor will refrain from working in the immediate area, suspend the Work in its entirety, or re -sequence and/or alter its performance to

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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 resourc e 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

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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.

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5.19 Labor.

A. Hours of Work

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

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

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

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

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

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 i nspections before or after this time will be charged to the Contractor as reimbursable inspection time. Inspections on weekends requires two (2) D ays’ notice for review and approval. Upon written request and approval the 8.5 hour working day may be changed to other limits subject to city/county ordinance.

6. It shall be unlawful for any person to operate, permit, use, or cause to operate any of the following at the Project S ite, 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

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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 S ubcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable li quidated damages and shall not be compensable by the City . Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and 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.

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

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

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

C. Prevailing Rates of Wages

1. 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

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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 s ubcontract and ensure that all S ubcontractors 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

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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 S ubcontractor’s portion of the Work. Contractor shall be as fully responsible to the City for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by its subcontractors, as Contractor is for acts and omissions of persons directly employed by Contractor. Nothing contained in these Contract Document s shall create any contractual relationship between any subcontractor and the City.

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

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

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

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

5.22 Submittals
A. Schedule of Submittals . Within five (5) Days after the Notice to Proceed (unless otherwise specified in the Contract Documents), Contractor will prepare and deliver a Schedule of Submittals to the City that has been fully integrated with the progress schedule and identifies each Submittal required by the Contract Documents as well as the date on which Contractor will deliver each S ubmittal to the City . Each Submittal must be delivered to the City at least thirty (30) Days prior to the date the

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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 S hop 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 S hop 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 S ubmittals 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

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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 S ubmittals 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 S ubmittal, 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 e ngineer responsible for designing components shown on Shop Drawings. Shop Drawings must include signed and sealed

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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 d rawings 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.

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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 R ecord Drawings current could result in withholding partial payment.

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

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

5.25 Layout and Field Engineering.

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

5.26 Separate Contracts and Cooperation.

A. Separate Contracts. The City reserves the right to let other contracts in connection with this Work or on the Project site. Contractor shall permit other contractors reasonable access and storage of their materials and execution of their work and shall properly connect and coordinat e its Work with theirs. To ensure proper execution of its subsequent Work, Contractor shall immediately inspect work already

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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 shal l continue or whether work can be coordinated so that contractors may proceed simultaneously. The City shall not be responsible for any damages suffered or for extra costs incurred by Contractor resulting directly or indirectly from award, performance, or attempted performance of any other contract or contracts on the Project Site.

5.27 Work Site.

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

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

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

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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 r oute 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 W ork 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:

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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.

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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 se rvices and facilities whatsoever necessary to execute and complete this Contract within the Contract Time. Unless otherwise specified, all materials, parts, and equipment furnished by the Contractor in the Work shall be new, the best of their respective kinds and grades as noted and/or specified, and workmanship shall be of good quality.

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

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

D. Contractor shall verify all measurements, dimensions, elevations, and quantities before ordering any materials or performing any Work, and the City shall not be liable for Contractor’s failure to so. Except for an adjustment to Unit Price Work for item

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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 s hall be made in accordance with the commonly recognized standards of national organizations.

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

B. Testing of Materials

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

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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 re- notify the Engineer when samples which are representative may be obtained.

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

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

6. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after improper storage, handling or for any other reason it shall be rejected, not incorporated into the W ork, and shall be removed from the P roject 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.

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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.

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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 B id and must make whatever tests it deems appropriate to determine the condition of the soil.

7.2 Ownership of Site Materials Found.

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

7.3 Existence of Utilities at the Work Site.

A. Existing Utilities

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

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

B. Utility Location

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1. It shall be the Contractor’s responsibility to determine the exact location and depth of all utilities, including service connections, which have been marked by the respective utility owners and which the Contractor believes may affect or be affected by 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, t he Contractor shall delineate the area to be excavated. The Contractor shall request that the utility owners conduct a utility survey and mark or otherwise indicate the location of their service. The Contractor shall furnish to the Engineer written documentation of its contact(s) with the regional notification center prior to commencing excavation at such locations.

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

7. The Contractor's attention is directed to the requirements of Government Code Section 4216.2 ( c) which provides: “When the excavation is proposed within 10 feet of a high priority subsurface installation, the operator of the high priority subsurface installation shall notify the excavator of the existence of the high priority subsurface installation to set up an onsite meeting prior to the legal excavation

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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 excavat or shall not begin excavating until after the completion of the onsit e meeting.” The Contractor shall notify the Engineer in advance of this meeting.

C. Utility Relocation and Repair

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

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

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

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

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

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

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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 inspect ion reports to the Engineer.

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

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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

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shall be in the format and include all data used to prepare the schedule. Copies are not acceptable.

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

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

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

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

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

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

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

F. Recovery Schedule.

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

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completing the Work and achieving all contractual milestones within the allotted Contract Time:
a. The Contractor's monthly progress report indicates delays that are, in the opinion of City, of sufficient magnitude that City questions the Contractor's ability to complete the Work;
b. The schedule shows the Contractor to be thirty (30) or more days behind the critical path at any time during construction;
c. The Contractor desires to make changes in the logic or the planned duration of future activities of the schedule which, in the opinion of City, are major in nature.

2. The recovery schedule shall include proposed revisions to the Construction Schedule, demonstrating how Contractor intends to achieve all contractual milestones including Contract completion within the allotted Contract Time. The submittal shall include a narrative describing the actions planned by the Contractor to recover the schedule.

3. Contractor shall submit the Recovery Schedule within seven (7) Days of City’s request. If Contractor asserts that City is responsible for the delay, failure to submit the recovery schedule within seven (7) Days of City’s request, will be considered a concurrent delay event attributable to Contractor, and Contractor shall only be entitled to non- compensable adjustments to Contract Times. If Contractor is responsible for the delay, this provision will not limit or affect Contractor's liability and failure to submit the recovery schedule with seven (7) Days of City’s request may result in City withholding progress payments or other amounts due under the Contract Documents.

4. Contractor is responsible for all costs associated with the preparation and execution of the recovery schedule, including any necessary recovery actions, which may include, but are not limited to, assignment of additional labor, and/or equipment, shift or overtime work, expediting of submittals or deliveries, overlapping of activities or sequencing changes to increase activity concurrence.

Regardless of whether City directs Contractor to prepare a recovery schedule pursuant to this Section, Contractor shall promptly undertake appropriate action at no additional cost to City to recover the schedule whenever the current construction schedule shows that the Contractor will not achieve a milestone and/or complete the Work within the allotted Contract Time.

8.3 Time for Completion and Liquidated Damages
A. Time for Completion. The time for completion set forth in Article 2 of the C ontract for Construction shall commence: (1) on the date stated in the Notice to Proceed, or (2) if the Notice to Proceed does not specify a commencement date, then on the date of the Notice to Proceed and shall be completed by Contractor in the time specified in the Contract Documents. The City is under no obligation to consider 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

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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 amoun t of actual damage, it is agreed that Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum stipulated in the Contract for each calendar day of delay until the Work is fully completed. Contractor and its surety shall be liable for any liquidated damages. Any money due or to become due the Contractor may be retained to cover liquidated damages.

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

D. Extension of Time. Contractor’s entitlement to an extension of the Contract Time is limited to a City -caused extension of the critical path, reduced by the Contractor’s concurrent delays, and established by a proper time impact analysis. Contractor shall not be charged liquidated damages because of any delays in completion of the Work due to unforeseeable causes beyond the control and without the fault or negligence of Contractor (or its Subcontractors or Suppliers). The City shall ascertain the facts 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.

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The amount of reverse liquidated damages shall be reduced by Contractor’s concurrent delays.

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

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

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

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

8.4 Contractor’s Responsibility for Work.

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

8.5 Occupancy.

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

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

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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

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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 e ffective 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.

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

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

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

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.

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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 co rrect 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.

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C. In addition to the warranty set forth in this Article, Contractor shall obtain for the City all warranties that would be given in normal commercial practice and assign to the City any and all manufacturer’s or installer’s warranties for equipment or materi als not manufactured by Contractor and provided as part of the Work, to the extent that such third-party warranties are assignable and extend beyond the warranty period set forth in this Article. Contractor shall furnish the City with all warranty and guarantee documents prior to final acceptance of the Project by the City as required.

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

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

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

F. The City shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage. The Contractor shall within ten (10) Days after being notified commence and perform with due diligence all necessary Work. If the Contractor fails to promptly remedy any defect or damage, the City shall have the right to replace, repair or otherwise remedy the defect, or damage at the Contractor’s expense.

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

H. Acceptance of Defective Work.

1. If, instead of requiring correction or removal and replacement of d efective Work, the City prefers to accept it, the City may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attribut able to the City ’s evaluation of and determination to accept such defective Work and for the diminished value of the Work. If any acceptance of Defective Work occurs prior to release of the Project 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

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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

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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 C hange 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 A rticle. Notwithstanding issuance of a work d irective, Contractor’s failure to timely request a Change O rder shall constitute a waiver by Contractor of any adjustment to compensation or time extension for Work performed under t he directive. The City shall not be liable to Contractor for Work performed or omitted by Contractor in reliance on verbal orders.

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

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

3. Request for Change in Compensation and/or Extension of Time. Contractor shall submit a Change Order Request for any adjustment to Contractor’s compensation and/or any extension of time. The Change Order Request shall be made prior to incurring any expense and w ithin fourteen (14) Days from either Contractor’s notice of change/delay or the City’s directive ordering the change. The Change

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Order Request shall include all of the following information (unless inapplicable to the change):
a. A detailed description of the circumstances giving rise to the request;
b. A complete itemized cost proposal, including itemized pricing for first tier Subcontractors;
c. Supporting documentation for all costs;
d. A time impact analysis showing the impact of the delay to the critical path to completion;
e. If any added costs or information cannot be determined at the time of the Change Order Request, the reason the costs or information cannot be determined at the time; and
f. Certification to the accuracy of the Change Order R equest under penalty of perjury.

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

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

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

4. City’s Final Decision on Change Order; Ordered Changes. If the City denies the Change Order Request or disagrees with the proposal submitted by Contractor, it 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

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unilateral Change Order, disputing the terms of the unilateral C hange Order and providing such supporting documentation for its position as the City may reasonably require.

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

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

ORDER REQUEST, OR TO COMPLY WITH ANY OTHER REQUIREMENT OF

THIS ARTICLE, SHALL CONSTITUTE A WAIVER BY CONTRACTOR OF THE

RIGHT TO A CONTRACT ADJUSTMENT ON ACCOUNT OF SUCH

CIRCUMSTANCES AND A WAIVER OF ANY RIGHT TO FURTHER RECOURSE

OR RECOVERY BY REASON OF OR RELATED TO SUCH CHANGE BY

MEANS OF THE CLAIMS DISPUTE RESOLUTION PROC ESS OR BY ANY

OTHER LEGAL PROCESS OTHERWISE PROVIDED FO R UNDER
APPLICABLE LAWS.

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

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

B. Determining Adjustments to Compensation.

1. Limitation on Costs. Contractor shall not be entitled to any compensation for Work subject to a Change Order except as expressly set forth in this Article. The mark- up added in instances of A dditional 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.

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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 W ork to be performed, the risk borne by the Contractor, the Contractor's investment, the amount of subcontracting, the quali ty of its record of past performance, and industry profit rates in the surrounding geographical area for similar work.

6. Allowed Costs. Estimates for lump sum quotations and accounting for time -and- material work shall be limited to direct expenditures necessitated specifically by the change and shall be segregated as follows:
a. Labor. The costs of labor will be the actual cost for wages prevailing locally for each craft or type of worker at the time the Additional Work is done, plus employer payments of payroll taxes and insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs resulting from 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

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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 t ools and equipment use.
(iii) For Work performed by a S ubcontractor, 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.

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

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

Contractor’s failure to submit the T&M Summary Sheet within five (5) Days of completion of the Additional Work will result in Contractor’s waiver for any reimbursement of any costs associated with the Additional Work.
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;

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(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: s ubmittals, drawings, field drawings, shop drawings, including submissions of drawi ngs; 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.

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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 C hange 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.

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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

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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 Governme nt Code prior to initiating litigation.

For purposes of those provisions, the running of the period of time within which a Claim must be filed shall be tolled from the time the Contractor submits his or her

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written Claim pursuant to subdivision (a) until the time the Claim is denied, including any period of time utilized by the meet and confer conference.

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

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

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

J. Government Code Claim Procedures.

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

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

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

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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 U nit Price Work multiplied by the estimated quantity of each item as indicated in the Contract. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor’s o verhead 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

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b. there is no corresponding adjustment with respect to any other item of Work; and
c. Contractor believes that Contractor is entitled to an increase in unit price as a result of having incurred additional expense or the City believes that the City is entitled to a decrease in unit price and the parties are unable to agree as to the amount of any such increase or decrease.

10.2 Progress Estimates and Payment.

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

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

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.

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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.

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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.

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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 Regist rar, 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.

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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 Sup erior Court of San Bernardino County, California, and expressly consent to the jurisdiction of said court, regardless of residence or domicile, and agree that said court shall be a proper venue for any such action.

11.11 Cumulative Remedies.

A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Applicable Laws, by special warranty or guarantee, or by other provisions of the Contract Documents.

The provisions of this Article will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply.

11.12 Survival of Obligations.

A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor.

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11.13 Headings.

A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions.

11.14 Assignment of Antitrust Actions
A. In accordance with §7103.5(b) of the California Public Contract Code, Contractor and Subcontractors must conform to the following requirements:

1. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, Contractor or Subcontractor offer and agree to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under §4 of the Cl ayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with §16700) of Part 2 of 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.

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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/ref ueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days’ notice from the City.

12.3 Contractor shall be solely liable for any and all costs associated with complying with the Regulation as well as for any and all penalties, fines, damages, or costs associated with any and all violations, or failures to comply with the Regulation. Contract or shall defend, indemnify and hold harmless the City, its officials, officers, employees and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Regulation.

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00 73 13 – SPECIAL CONDITIONS
ARTICLE 1 -SCOPE OF WORK

1.1 Location of the Project.

A. N Mt Vernon Ave and 5th Street, San Bernardino, CA 92411

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1.2 Scope of Work.

The scope of work includes asphalt paving and re- striping of the library parking lot.

Work also consists of removing and replacing the existing driveway approaches, installing ADA-compliant striping, signage, and markings for designated handicap stalls, and providing a walking path from the loading area of the stalls to the ADA ramps. In addition, the work includes water jetting two (2) drop inlets and replacing the lighting bulbs and globes.

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

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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

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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.

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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.

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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 & BMP
s:

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 f looding, 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 which will protect construction throughout the various stages of work up to the point of final acceptance by Owner.

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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 Pract ices (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 hol iday. 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 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

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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:

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: REMOVE AND REPLACE 4" OF ASPHALT PAVEMENT PER PLANS AND SPECIFICATIONS. 95% SUBGRADE COMPACTION:

This bid item shall consist of removing existing pavement and constructing 4” thick Asphalt Pavement. Subgrade to be compacted to 95%. Nothing in these Special Provisions shall relieve

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the Contractor from his responsibilities as provided in Section 5- 7 “Safety”, of the Standard Specifications.

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

BID ITEM 6: COLD MILL 2" UNIFORM DEPTH IN ACCORDANCE WITH THE PLANS AND

SPECIFICATIONS, INCLUDING REMOVAL AND DISPOSAL OF ALL EXISTING WHEEL STOPPERS. RETAIN ONLY THE TWO WHEEL STOPPERS IN THE BEST CONDITION FOR REINSTALLATION AS SPECIFIED IN BID ITEM #12:

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 produc e 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.

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BID ITEM 7: 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 8: REMOVE EXISTING GLOBES & LIGHTING FIXTURES AND REPLACE THEM WITH NEW LED FIXTURES AND GLOBES ON FIVE (5) LIGHT POLES SHOWN ON THE

PLANS, INCLUDING FULL REWIRING, CONDUITING, PHOTOCELL DEVICES, ALIGNMENT,

AND INSTALLATION OF ALL NECESSARY BRACKETS/ ADAPTERS TO PROVIDE A COMPLETE SYSTEM:

This bid item consists of the removal and proper disposal of the existing globes and fixtures from five (5) light poles as shown on the plans. The contractor shall furnish and install new Holophane AWED3 Washington Gen3 LED fixtures, including the suggested housing per to the attached submittal or approved equal, and mount them using suitable brackets or adapters as required by the plans and specifications. Work includes full rewiring, removal of damaged conductors, proper terminations, and testing to verify functionality and compliance with the CEC. Each pole shall be fitted with a new 1-inch galvanized rigid metal conduit extending 5 feet vertically inside the pole, with NEW wiring pulled through and routed to the fixture. At the base, the conduit shall be securely connected to the new PVC conduit leading to the adjacent ground pull box. In the event the contractor damages any pull box during the installation of new conduits or cables, the contractor shall furnish and install a replacement pull box of the same brand as the original and restore the area to its original condition. The bid item is also including furnishing and installing new photocell devices compatible with the new fixtures per to the attached submittal or approved equal . The completed system shall achieve the minimum foot-candle levels specified in the attached lighting design; note that the photometric analysis has been prepared based on four (4) poles to reflect

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conditions that impact the parking lot. Poles shall be realigned as needed, with all mounting hardware to be stainless steel or galvanized. Contractor shall provide manufacturer submittals and photometric verification. Nothing in these Special Provisions shall relieve the Contractor from his responsibilities as provided in Section 5-7, “Safety”, of the Standard Specifications.

Payment for this item will be made per Each pole (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 9: REMOVE AND DISPOSE OF THREE (3) EXISTING DRIVEWAY APPROACHES.

CONSTRUCT NEW PCC DRIVEWAY APPROACHES PER CITY STANDARD PLAN NO. 204, PROJECT PLANS, AND SPECIFICATIONS, USING CONCRETE CLASS 560 -C-3250, INCLUDING REPAIR DAMAGED SD PIPE AT DWA #1:

This bid item consists of removing and disposing of three (3) existing driveway approaches and constructing new PCC driveway approaches in accordance with City Standard Plan No. 204 (Type I plan), the project plans and specifications, using concrete Class 560-C-3250. Work shall include matching the newly constructed driveway approaches with the adjacent sidewalks and curbs, as well as tying the new asphalt concrete overlay within the parking lot to the back of the newly constructed handicap by-pass. At Driveway Approach No. 1, the work shall also include repairing the existing storm drain pipe by properly extending it to the PCC gutter on E. Marshall Blvd. using the same material as the existing pipe. The extended pipe shall be tested for leakage potential prior to completing the new driveway construction.

In addition, the work shall also include furnishing and installing any necessary irrigation re-routing or modifications required due to conflicts with the new construction. The Contractor shall also be fully responsible for any damages caused to the existing irrigation system during the course of work. Any re-routed irrigation shall be restored in a manner that continues to adequately serve the areas where irrigation currently exists. 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 10: WATER JET AND CLEAN TWO (2) EXISTING DROP INLETS OF ALL DEBRIS AND VERIFY PROPER FUNCTIONALITY:

This bid item shall consist of clean and flush two (2) existing drop inlets using high-pressure water jetting to remove all accumulated debris, sediment, and obstructions. Contractor shall collect and properly dispose of all waste material off -site in accordance with applicable regulations. After cleaning, verify that each drop inlet and its connecting pipes function properly by testing for flow and confirming unobstructed drainage to the storm drain system. Nothing in these Special Provisions shall relieve the Contractor from his responsibilities as provided in Section 5 -7, “Safety”, of the Standard Specifications.

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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 SIGN.

FURNISH AND INSTALL TWO (2) NEW SIGNS 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 sign.

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 1 2: 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 & A24E, THIS PLAN AND SPECIFICATIONS. ALSO INCLUDING

PAINT IN BLUE AND INSTALL TWO WHEEL STOPPERS FOR THE TWO HANDICAP PARKING STALLS:

This bid item shall consist of Furnish and apply 4-inch-wide thermoplastic reflective blue striping, including blue borders for handicap parking stalls, loading areas, and accessible paths, in accordance with the 2024 Caltrans Standard Plans A24C and A24E, project plans and specifications. Work shall also include furnishing and applying handicap and “No Parking” pavement symbols, and installing two (2) wheel stoppers for the designated handicap parking stalls after repairing and painting them in blue. Nothing in these Special Provisions shall relieve the Contractor from his responsibilities as provided in Section 5- 7 “Safety”, of the Standard Specifications.

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BID ITEM 13: FURNISH AND APPLY 4" WIDE THERMOPLASTIC REFLECTIVE WHITE STRIPING FOR PARKING STALLS AND ARROW PAVEMENT MARKINGS PER 2024 CALTRANS STANDARD PLAN A24A (TYPE I 10' -0" ARROW) IN THE PARKING LOT PER PLANS AND SPECIFICATIONS:

This bid item shall consist Furnish and apply 4- inch-wide thermoplastic reflective white striping for parking stalls, along with arrow pavement markings in accordance with the 2024 Caltrans Standard Plan A24A (Type I, 10'-0" arrow), to be installed throughout the parking lot as shown on the project plans and in compliance with the 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 14: REMOVE AND DISPOSE OF THE EXISTING CURB. CONSTRUCT A NEW TYPE "A" PCC CURB (STANDARD PLAN NO. 200) TO MATCH THE EXISTING CURB. RESTORE ALL DISTURBED AREAS AROUND TO THE ORIGINAL CONDITION. THE NEW AC OVERLAY CLOSING OUT TO THE NEW CONSTRUCTED CURB IS INCLUDED:

The work under this item consists of remove and dispose of the existing curb and construct a new Type “A” PCC curb in accordance with City Standard Plan No. 200, matching the alignment and profile of the existing adjacent curb. Restore all adjacent disturbed areas to their original condition.

The new asphalt concrete overlay tying into the newly constructed curb shall be included in this item. Nothing in these Special Provisions shall relieve the Contractor from his responsibilities as provided in Section 5-7 “Safety”, of the Standard Specifications.

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APPENDIX
CONSTRUCT 4’ X 8’ PROJECT SIGN

CITY OF SAN

BERNARDINO
Building a Better San
Bernardino

ROWE LIBRARY – PARKING LOT

SURFACING
PROJECT No. PR26-003

Estimated Completion:
------------------------
Funding Provided By:

Measure S
Council Ward: 7
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

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.

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PLANS AND DRAWINGS

THE FOLLOWING PLANS AND DRAWINGS ARE INCORPORATED HEREIN BY REFERENCE AS IF SET FORTH IN THEIR ENTIRETY:

1. STANDARD PLANS FOR PUBLIC WORK CONSTRUCTION (2021 EDITION)

2. ROWE LIBRARY – PARKING LOT SURFACING, DRAWING NO. 13668

3. APPENDICES.

Packet Page. 656

1. BID TABULATION
PROJECT NAME: ROWE LIBRARY - PARKING LOT SURFACING
PROJECT NO: PR26-003

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 Apparent Low Bidder 15 Apparent Low Bidder 16 Leonida Builders, Inc. Cali State Paving, Inc. Horizons Construction Co. Int'l, Inc.

Venture Construction &
Management
Roadway Engineering &
Construction Corp. Copp Contracting, Inc. NoLimit Construction Global Builders, Inc. Onyx Paving Company, Inc. Paveco Construction Inc JB Bostick LLC Guilherme Engineering PowerTech Inc. Prestige Paving Company Inc.

RBH Construction &
Engineering Inc PaveWest, LLC
Bid Item and Description Quant
ity 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 Total Price Unit Price Total Price 1 Mobilization 1 LS $8,000.00 $8,000.00 $10,000.00 $10,000.00 $6,500.00 $6,500.00 $8,000.00 $8,000.00 $20,000.00 $20,000.00 $12,000.00 $12,000.00 $13,363.6 4 $13,363.64 $7,496.00 $7,496.00 $12,147.7
0 $12,147.70 $1,500.00 $1,500.00 $2,500.00 $2,500.00 $7,430.05 $7,430.05 $0.00 $0.00 $2,286.00 $2,286.00 $13,850.0 0 $13,850.00 $16,500.0
0 $16,500.00
2 Clearing and Grubbing 1 LS $6,000.00 $6,000.00 $8,000.00 $8,000.00 $4,025.00 $4,025.00 $2,500.00 $2,500.00 $ 5,000.00 $5,000.00 $ 2,000.00 $2,000.00 $15,272.7 3 $15,272.73 $600.00 $600.00 $3,000.00 $3,000.00 $1,500.00 $1,500.00 $2,500.00 $2,500.00 $1,500.00 $1,500.00 $2,000.00 $2,000.00 $1,143.00 $1,143.00 $5,600.00 $5,600.00 $2,500.00 $2,500.00 3 Erosion Control Plan & BMPs 1 LS $6,000.00 $6,000.00 $8,000.00 $8,000.00 $1,725.00 $1,725.00 $2,500.00 $2,500.00 $ 3,500.00 $3,500.00 $ 1,000.00 $1,000.00 $28,636.3 6 $28,636.36 $800.00 $800.00 $3,000.00 $3,000.00 $1,500.00 $1,500.00 $1,500.00 $1,500.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,857.00 $2,857.00 $7,500.00 $7,500.00 $4,000.00 $4,000.00 4 Construct 4’ x 8’ Project Sign. See info in Appendix 1 EA $2,000.00 $2,000.00 $5,000.00 $5,000.00 $2,300.00 $2,300.00 $4,000.00 $4,000.00 $ 1,000.00 $1,000.00 $ 1,000.00 $1,000.00 $89,727.2 7 $89,727.27 $3,200.00 $3,200.00 $3,000.00 $3,000.00 $1,500.00 $1,500.00 $500.00 $500.00 $800.00 $800.00 $1,000.00 $1,000.00 $686.00 $686.00 $2,750.00 $2,750.00 $1,950.00 $1,950.00 5 Remove and replace 4" of asphalt pavement per plans and specifications. 95% subgrade compaction 300 SF $ 5.00 $1,500.00 $ 10.00 $3,000.00 $ 6.50 $1,950.00 $ 23.50 $7,050.00 $ 6.60 $1,980.00 $ 27.00 $8,100.00 $10.18 $3,054.00 $4,300.00 $4,300.00 $11.00 $3,300.00 $14.50 $4,350.00 $10.00 $3,000.00 $9.16 $2,748.00 $16.67 $5,001.00 $16.87 $5,061.00 $32.67 $9,801.00 $10.00 $3,000.00 6 Cold mill 2" uniform depth in accordance with the plans and specifications, including removal and disposal of all existing wheel stoppers. Retain only the two wheel stoppers in the best condition for reinstallation as specified in bid item #12.
17,970 SF $ 1.00 $17,970.00 $ 0.70 $12,579.00 $ 1.50 $26,955.00 $ 1.10 $19,767.00 $ 0.90 $16,173.00 $ 1.05 $18,868.50 $0.38 $6,828.60 $32,300.0 0 $32,300.00 $0.69 $12,399.30 $0.75 $13,477.50 $1.20 $21,564.00 $1.00 $17,970.00 $0.84 $15,094.80 $1.03 $18,509.10 $7.52 $135,134.40 $1.23 $22,103.10 7 Construct 2" ac overlay per plans and specifications 224 TN $ 220.00 $49,280.00 $ 150.00 $33,600.00 $ 250.00 $56,000.00 $ 255.00 $57,120.00 $ 180.00 $40,320.00 $ 161.89 $36,263.36 $23.86 $5,344.64 $263.00 $58,912.00 $122.00 $27,328.00 $210.00 $47,040.00 $140.00 $31,360.00 $331.47 $74,249.95 $171.97 $38,521.28 $164.09 $36,756.16 $8.34 $1,868.16 $182.77 $40,940.48 8 Remove existing globes & lighting fixtures and replace them with new LED fixtures and globes on five (5) light poles shown on the plans, including full rewiring, conduiting, photocell devices, alignment, and installation of all necessary brackets/ adapters to provide a complete system
5 EA $3,000.00 $15,000.00 $6,000.00 $30,000.00 $4,200.00 $21,000.00 $5,200.00 $26,000.00 $ 6,000.00 $30,000.00 $ 5,500.00 $27,500.00 $1,527.27 $7,636.35 $4,640.00 $23,200.00 $5,425.00 $27,125.00 $5,700.00 $28,500.00 $7,500.00 $37,500.00 $7,000.00 $35,000.00 $3,000.00 $15,000.00 $6,580.20 $32,901.00 $1,370.00 $6,850.00 $6,795.00 $33,975.00 9 Remove and dispose of three (3) existing driveway approaches.

Construct new PCC driveway approaches per city standard plan no. 204, project plans, and specifications, using concrete class 560-c-3250, including repair damaged SD pipe at DWA #1
1 LS $10,000.00 $10,000.00 $25,000.00 $25,000.00 $16,900.00 $16,900.00 $38,610.00 $38,610.00 $17,200.00 $17,200.00 $34,444.00 $34,444.00 $2,863.64 $2,863.64 $16,000.0 0 $16,000.00 $17,000.0
0 $17,000.00 $31,000.0
0 $31,000.00 $43,860.0
0 $43,860.00 $45,000.0
0 $45,000.00 $23,000.0
0 $23,000.00 $27,257.0
0 $27,257.00 $24,000.0
0 $24,000.00 $28,212.0
0 $28,212.00
10 Water jet and clean two (2) existing drop inlets of all debris and verify proper functionality 2 EA $1,000.00 $2,000.00 $ 500.00 $1,000.00 $1,150.00 $2,300.00 $2,000.00 $4,000.00 $ 1,000.00 $2,000.00 $ 1,000.00 $2,000.00 $1,145.45 $2,290.90 $1,250.00 $2,500.00 $1,000.00 $2,000.00 $3,150.00 $6,300.00 $500.00 $1,000.00 $1,500.00 $3,000.00 $500.00 $1,000.00 $1,828.50 $3,657.00 $1,000.00 $2,000.00 $950.00 $1,900.00 11 Remove and dispose the existing disabled parking stall signs. Furnish and install (2) signs per Caltrans standard plan R99C(CA), this plan and specifications
1 LS $2,200.00 $2,200.00 $1,000.00 $1,000.00 $ 870.00 $870.00 $ 600.00 $600.00 $ 345.00 $345.00 $ 850.00 $850.00 $2,672.73 $2,672.73 $2,500.00 $2,500.00 $350.00 $350.00 $350.00 $350.00 $500.00 $500.00 $1,075.00 $1,075.00 $750.00 $750.00 $1,086.00 $1,086.00 $5,600.00 $5,600.00 $325.00 $325.00 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 & A24E, this plan and specifications. Also including paint in blue and install two wheel stoppers for the two handicap parking stalls 1 LS $5,000.00 $5,000.00 $4,000.00 $4,000.00 $2,875.00 $2,875.00 $2,100.00 $2,100.00 $ 4,200.00 $4,200.00 $3,900.00 $3,900.00 $2,863.64 $2,863.64 $5,655.00 $5,655.00 $3,850.00 $3,850.00 $4,150.00 $4,150.00 $4,500.00 $4,500.00 $4,800.00 $4,800.00 $1,000.00 $1,000.00 $5,301.00 $5,301.00 $9,800.00 $9,800.00 $1,595.00 $1,595.00 13 Furnish and apply 4" wide thermoplastic reflective white striping for parking stalls and arrow pavement markings in the parking lot, per plans and specifications
1 LS $4,500.00 $4,500.00 $6,000.00 $6,000.00 $5,750.00 $5,750.00 $5,900.00 $5,900.00 $ 5,900.00 $5,900.00 $3,850.00 $3,850.00 $3,818.18 $3,818.18 $8,125.00 $8,125.00 $5,500.00 $5,500.00 $5,750.00 $5,750.00 $10,000.0 0 $10,000.00 $4,500.00 $4,500.00 $2,000.00 $2,000.00 $4,274.00 $4,274.00 $9,800.00 $9,800.00 $8,125.00 $8,125.00 14 Remove and dispose of the existing curb. Construct a new type "A" PCC curb (standard plan no. 200) to match the existing curb. Restore all disturbed areas around to the original condition. The new AC overlay closing out to the new constructed curb is included.
1 LS $6,000.00 $6,000.00 $5,000.00 $5,000.00 $1,270.00 $1,270.00 $4,600.00 $4,600.00 $ 1,000.00 $1,000.00 $3,300.00 $3,300.00 $4,581.82 $4,581.82 $4,200.00 $4,200.00 $2,000.00 $2,000.00 $2,500.00 $2,500.00 $2,500.00 $2,500.00 $1,000.00 $1,000.00 $4,000.00 $4,000.00 $2,229.00 $2,229.00 $1,650.00 $1,650.00 $2,900.00 $2,900.00 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
Apparent Low
Bidder 15
Apparent Low
Bidder 16
TOTAL BID AMOUNT CALCULATED BASED ON UNIT PRICES $135,450.00 $152,179.00 $150,420.00 $182,747.00 $148,618.00 $155,075.86 $188,954.50 $169,788.00 $122,000.00 $149,417.50 $162,784.00 $201,073.00 $110,367.08 $144,003.26 $236,203.56 $168,025.58 TOTAL BID AMOUNT INDICATED BY BIDDER $135,450.00 $152,179.00 $150,420.00 $182,747.00 $148,618.00 $155,075.86 $189,000.00 $169,888.00 $122,000.00 $149,417.50 $162,784.00 $200,000.00 $110,367.08 $144,003.26 $236,050.00 $168,025.98

CALCULATION CORRECTIONS TO BID AMOUNT SUBMITTED BY CONTRACTOR BASED ON CALCULATED BID AMOUNT $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 -$45.50 -$100.00 $0.00 $0.00 $0.00 $1,073.00 $0.00 $0.00 $153.56 -$0.40 BID TABULATION 1 of 8

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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 $0.00 $0.00 $0.00 $0.00 $0.00 BASE BID + ADDITIVE ALTERNATVE TOTAL
$135,450.00 $152,179.00 $150,420.00 $182,747.00 $148,618.00 $155,075.86 $188,954.50 $169,788.00 $122,000.00 $149,417.50 $162,784.00 $201,073.00 $110,367.08 $144,003.26 $236,203.56 $168,025.58

1. BID TABULATION
PROJECT NAME: ROWE LIBRARY - PARKING LOT SURFACING
PROJECT NO: PR26-003

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2. REVIEW OF APPARENT LOW BID
APPARENT LOW BID SUBMITTED BY: PowerTech Inc. APPARENT LOW BID AMOUNT:

ITEM REVIEWED/CHECKED REVIEW RESULT BY DATE REMARKS
BID STAMPED AS RECEIVED PRIOR BID TIME: Yes Mohammad Alkhateeb11/7/202 5 BID BOND IN PROPER AMOUNT: Yes Mohammad Alkhateeb11/7/202 5 ADDENDA ACKNOWLEDGEMENT: Yes Mohammad Alkhateeb11/7/202 5 TOTAL BID PRICES CALCULATED CORRECTLY: Yes Mohammad Alkhateeb11/7/202 5 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: PowerTech Inc.

Current and active till
08/31/2027 Mohammad Alkhateeb11/7/202
5 Print-out from CLSB Web Page attached (http://www.cslb.ca.gov/) PRIME CONTRACTOR DIR REGISTRATION STATUS: Active till 2026-06-30 Mohammad Alkhateeb11/7/202 5 Print-out from DIR Web Page attached (https://services.dir.ca.gov/gsp) SUB CONTRACTOR LICENSE STATUS: 4D Milling Inc.

Current and active till
06/30/2027 Mohammad Alkhateeb#######
# Print-out from CLSB Web Page attached (http://www.cslb.ca.gov/) SUB CONTRACTOR DIR REGISTRATION STATUS: Active till 06/30/2026 Mohammad Alkhateeb####### # Print-out from DIR Web Page attached (https://services.dir.ca.gov/gsp) SUB CONTRACTOR LICENSE STATUS: B-81 Paving Inc
Current and active till
09/30/2027 Mohammad Alkhateeb#######
#
SUB CONTRACTOR DIR REGISTRATION STATUS: Active till 06/30/2026 Mohammad Alkhateeb####### #
SUB CONTRACTOR LICENSE STATUS:

SUB CONTRACTOR DIR REGISTRATION STATUS:

SUB CONTRACTOR LICENSE STATUS:

SUB CONTRACTOR DIR REGISTRATION STATUS:

SUB CONTRACTOR LICENSE STATUS:

SUB CONTRACTOR DIR REGISTRATION STATUS:

SUB CONTRACTOR LICENSE STATUS:

SUB CONTRACTOR DIR REGISTRATION STATUS:

SUB CONTRACTOR LICENSE STATUS:

SUB CONTRACTOR DIR REGISTRATION STATUS:

SUB CONTRACTOR LICENSE STATUS:

SUB CONTRACTOR DIR REGISTRATION STATUS:

SUB CONTRACTOR LICENSE STATUS:

SUB CONTRACTOR DIR REGISTRATION STATUS:

SUB CONTRACTOR LICENSE STATUS:

SUB CONTRACTOR DIR REGISTRATION STATUS:

SUB CONTRACTOR LICENSE STATUS:

SUB CONTRACTOR DIR REGISTRATION STATUS:

SUB CONTRACTOR LICENSE STATUS:

SUB CONTRACTOR DIR REGISTRATION STATUS:

SUB CONTRACTOR LICENSE STATUS:

SUB CONTRACTOR DIR REGISTRATION STATUS:

SUB CONTRACTOR LICENSE STATUS:

SUB CONTRACTOR DIR REGISTRATION STATUS:

SUB CONTRACTOR LICENSE STATUS:

REVIEW OF APPARENT LOW BID 3 of 8

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SUB CONTRACTOR DIR REGISTRATION STATUS:

SUB CONTRACTOR LICENSE STATUS:

SUB CONTRACTOR DIR REGISTRATION STATUS:

SUB CONTRACTOR LICENSE STATUS:

SUB CONTRACTOR DIR REGISTRATION STATUS:

SUB CONTRACTOR LICENSE STATUS:

SUB CONTRACTOR DIR REGISTRATION STATUS:

PRIME CONTRACTOR DEBARMENT STATUS FROM STATE
CONTRACTS:PRIME CONTRACTOR DEBARMENT STATUS FROM FEDERAL CONTRACTS:SUB CONTRACTOR DEBARMENT STATUS FROM STATE
CONTRACTS:SUB CONTRACTOR DEBARMENT STATUS FROM FEDERAL
CONTRACTS:SUB CONTRACTOR DEBARMENT STATUS FROM STATE
CONTRACTS:SUB CONTRACTOR DEBARMENT STATUS FROM FEDERAL
CONTRACTS:SUB CONTRACTOR DEBARMENT STATUS FROM STATE
CONTRACTS:SUB CONTRACTOR DEBARMENT STATUS FROM FEDERAL
CONTRACTS:SUB CONTRACTOR DEBARMENT STATUS FROM STATE
CONTRACTS:SUB CONTRACTOR DEBARMENT STATUS FROM FEDERAL
CONTRACTS:SUB CONTRACTOR DEBARMENT STATUS FROM STATE
CONTRACTS:SUB CONTRACTOR DEBARMENT STATUS FROM FEDERAL
CONTRACTS:SUB CONTRACTOR DEBARMENT STATUS FROM STATE
CONTRACTS:SUB CONTRACTOR DEBARMENT STATUS FROM FEDERAL
CONTRACTS:SUB CONTRACTOR DEBARMENT STATUS FROM STATE
CONTRACTS:SUB CONTRACTOR DEBARMENT STATUS FROM FEDERAL
CONTRACTS:SUB CONTRACTOR DEBARMENT STATUS FROM STATE
CONTRACTS:SUB CONTRACTOR DEBARMENT STATUS FROM FEDERAL
CONTRACTS:SUB CONTRACTOR DEBARMENT STATUS FROM STATE
CONTRACTS:SUB CONTRACTOR DEBARMENT STATUS FROM FEDERAL
CONTRACTS:SUB CONTRACTOR DEBARMENT STATUS FROM STATE
CONTRACTS:SUB CONTRACTOR DEBARMENT STATUS FROM FEDERAL
CONTRACTS:SUB CONTRACTOR DEBARMENT STATUS FROM STATE
CONTRACTS:SUB CONTRACTOR DEBARMENT STATUS FROM FEDERAL
CONTRACTS:SUB CONTRACTOR DEBARMENT STATUS FROM STATE
CONTRACTS:SUB CONTRACTOR DEBARMENT STATUS FROM FEDERAL
CONTRACTS:SUB CONTRACTOR DEBARMENT STATUS FROM STATE
CONTRACTS:SUB CONTRACTOR DEBARMENT STATUS FROM FEDERAL
CONTRACTS:SUB CONTRACTOR DEBARMENT STATUS FROM STATE
CONTRACTS:SUB CONTRACTOR DEBARMENT STATUS FROM FEDERAL
CONTRACTS:SUB CONTRACTOR DEBARMENT STATUS FROM STATE
CONTRACTS:SUB CONTRACTOR DEBARMENT STATUS FROM FEDERAL
CONTRACTS:SUB CONTRACTOR DEBARMENT STATUS FROM STATE
CONTRACTS:SUB CONTRACTOR DEBARMENT STATUS FROM FEDERAL
CONTRACTS:SUB CONTRACTOR DEBARMENT STATUS FROM STATE
CONTRACTS:SUB CONTRACTOR DEBARMENT STATUS FROM FEDERAL
CONTRACTS:SUB CONTRACTOR DEBARMENT STATUS FROM STATE
CONTRACTS:SUB CONTRACTOR DEBARMENT STATUS FROM FEDERAL
CONTRACTS:

REFERENCE CHECK ACCEPTABLE:

REVIEW OF APPARENT LOW BID 4 of 8

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2. REVIEW OF APPARENT LOW BID

REMARKS
Print-out from CLSB Web Page attached (http://www.cslb.ca.gov/) Print-out from DIR Web Page attached (https://services.dir.ca.gov/gsp) Print-out from CLSB Web Page attached (http://www.cslb.ca.gov/) Print-out from DIR Web Page attached (https://services.dir.ca.gov/gsp) $110,367.08
REVIEW OF APPARENT LOW BID 5 of 8

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REVIEW OF APPARENT LOW BID 6 of 8

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3. REFERENCE CHECK OF APPARENT LOW BIDDER

REFERENCE DATA FOR APPARENT LOW BIDDER

REFERENCE CHECK FOR APPARENT LOW BIDDER

CHECKED BY
DATE
Answer "YES" if satisfied or "NO" if not satisfied

REFERENCE PROJECT OWNER AND REFERENCE
NAME
TEL
AMOUNT

DATE COMPLETED

DID THE CONTRACTOR DO

QUALITY WORK

DID THE CONTRACTOR

STAY ON SCHEDULE

DID THE CONTRACTOR

ASK FOR UNNECESSARY

CHANGE ORDERS

DID THE CONTRACTOR

FILE CLAIMS AGAINST YOU

WILL YOU HIRE THE

CONTRACTOR AGAIN

REMARKS
Ontarion Basin Cleanup County of San Bernardino -
Juan
(909) 501-
5425 $50,000.00 - - - - - - Didn't respond to the
phone call
Mohamm
ad
Alkhateeb
11/10/202
5 Concrete Work 4D Surface Management -
Mike
(951) 234-
4566 < $50,000 Ongoing Yes Yes No No Yes Very satisfied with his work Mohamm
ad
Alkhateeb
11/10/202
5 Asphalt Pavement Recycling - Jeff
Elder
(951) 232-
7197 < $500,000 Ongoing Yes Yes No No Yes Very satisfied with his work Mohamm
ad
Alkhateeb
11/10/202
5 Concrete, Asphalt, Electrical Vance Corp - Robert (909) 260- 5368 < $100,000 Ongoing Yes Yes No No Yes Very satisfied with his work Mohamm
ad
Alkhatee
b#######
#
REF CHECK 7 of 8

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4. LOWEST RESPONSIBLE BID
LOWEST RESPONSIBLE BID SUBMITTED BY: PowerTech Inc.

IN THE AMOUNT OF: $110,367.08
LOWEST RESPONSIBLE BID 8 of 8

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: January 21, 2026
To: Honorable Mayor and City Council Members
From: Lynn Merrill, Director of Public Works;
Vanessa Carder, Director of Parks, Recreation, and Community Services
Department: Public Works
Subject: Approve Amendment No. 1 to the Professional Services Agreement with Next Practice Partners, LLC for the City of San Bernardino Parks Master Plan (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 Professional Services Agreement with Next Practice Partners, LLC to renew and extend the contract term for preparation of the City of San Bernardino Parks Master Plan through June 30, 2026; and,

2. Authorize the City Manager, or designee, to execute Amendment No. 1; and

3. Authorize the Interim Director of Management Services to establish a purchase order for the remaining contract balance in an amount not to exceed $98,139.00.

City Manager's Comments
No Comment
Executive Summary
The City entered into a Professional Services Agreement with Next Practice Partners, LLC on January 18, 2023, to prepare the Parks Master Plan in the amount of $997,400, with a contract term ending December 31, 2024. Amendment No. 1 provides a time only extension to the agreement through June 30, 2026. No changes to the scope or cost are proposed, and the project continues to use the same funding allocations previously approved, $350,000 from the Cultural Development Fund and $750,000 from the Measure S Fund, with no additional fiscal impact.

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Background
The City of San Bernardino is a diverse community with a broad range of recreational needs supported by more than 30 parks, trails, greenways, community centers, athletic facilities, and senior service locations.

Parks Master Plans are typically updated on a ten-year cycle to ensure that park facilities, programming, and long-term investments align with community needs and operational priorities. The City’s previous Parks Master Plan was last updated in 2008.

To address current and future needs, the City Council approved a Professional Services Agreement with Next Practice Partners, LLC on January 18, 2023, to prepare a comprehensive update to the Parks Master Plan.

The project was funded with $350,000 in Cultural Development funding and an additional $750,000 in Measure S funding, for a total project budget of $1,100,000.00.

Work on the Parks Master Plan began in early 2023.

Discussion
Next Practice Partners, LLC has been actively engaged in development of the Parks Master Plan and has demonstrated a strong understanding of the City’s park system, operational needs, and long-term goals. The consultant has facilitated coordination with City staff, conducted community outreach, and completed technical analysis necessary to support a comprehensive and data-driven planning effort.

During the development of the Parks Master Plan, the City has also been advancing numerous park improvement and capital projects. As a result, completion of the final plan has extended beyond the original contract term.

The proposed amendment addresses an administrative oversight in aligning the original contract expiration date with the actual duration of the planning process.

Throughout this period, the consultant has remained responsive and has continued to work collaboratively with City staff to advance the project.

Amendment No. 1 extends the contract term from December 31, 2024, through June 30, 2026. The amendment does not increase the total contract amount and does not modify the approved scope of services. The remaining balance owed to the consultant is $98,139.00, which will allow completion of final coordination, workshops, documentation, and delivery of the Parks Master Plan.

Maintaining continuity with the existing consultant preserves institutional knowledge, avoids unnecessary delays, and supports completion of a high-quality Parks Master Plan that will guide future park investments and policy decisions. 2021-2025 Strategic Targets and Goals
Approval of this action supports Key Target No. 3: Improved Quality of Life. Completion of the Parks Master Plan will provide a strategic framework for enhancing park facilities, improving recreational opportunities, and guiding future capital investments

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throughout the City.

Fiscal Impact
There is no General Fund impact associated with this action. Funding for the Parks Master Plan was previously adopted in the amount of $1,100,000.00, consisting of $350,000 from the Cultural Development Fund and $750,000 from Measure S.

Measure S funds in the amount of approximately $200,739 remain available within the project budget. Of this amount, $98,139.00 is required to complete the consultant’s remaining work under the existing agreement. No additional appropriations are required.

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

2. Authorize the City Manager, or designee, to execute Amendment No. 1; and

3. Authorize the Interim Director of Management Services to establish a purchase order for the remaining contract balance in an amount not to exceed $98,139.00.

Attachments
Attachment 1 Amendment No. 1 – Next Practice Partners, LLC.

Attachment 2 Original Profession Service Agreement Next Practice Partners, LLC.

Ward:

All Wards
Synopsis of Previous Council Actions:

January 18, 2023 - The Mayor and City Council of the City of San Bernardino, CA adopted Resolution 2023-016 Award a Professional Services Agreement for a Parks Master Plan in the amount of $997,400.

CC: Eric Levitt, City Manager

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AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT
WITH NEXT PRACTICE PARTNER, LLC.

This Amendment No. 1 to the Professional Services Agreement is made and entered into as of January 21, 2026 (“Effective Date”) by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and Next Practice Partner, LLC (“Consultant”). City and Consultant are sometimes referred to herein individually as a “Party” and collectively as “Parties.”

RECITALS
A. WHEREAS, the City and the Consultant have entered into an agreement, dated January 18, 2023 , for the purpose of developing the City of San Bernardino Park Master Plan (the “Original Agreement”).

B. WHEREAS, the Agreement established a contract term ending December 31, 2024; and
C. WHEREAS, the Parties desire to amend the Agreement to extend the term in order to allow completion of the Parks Master Plan; and D. WHEREAS, the Parties desire that this Amendment be a time-only extension and that no changes be made to the scope of services or the total not-to-exceed compensation authorized under the 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 eighteen months through June 30, 2026, unless earlier terminated.

3. 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.

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

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5. Counterparts. This Amendment No. 1 may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]

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SIGNATURE PAGE FOR
AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT

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

CITY OF SAN BERNARDINO
APPROVED BY:

Eric Levitt
City Manager
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

CONSULTANT

NEXT PRACTICE PARTNER, LLC
Neelay Bhatt
Founder & CEO

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1 PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND NEXT PRACTICE PARTNERS, LLC.

This Agreement is made and entered into as of January 18, 2023, by and between the City of San Bernardino, a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, CA 92401 (“City”), and Next Practice Partners, LLC. with its principal place of business at 1950 East Greyhound Pass, Suite 121, Carmel, IN 46033 (hereinafter referred to as “Consultant”). City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.”

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

City of San Bernardino Park Master Plan (hereinafter referred to as “the Project”).

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

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

NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

AGREEMENT

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

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

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

4. C
ompensation.
a. Subject to paragraph 4(b) below, the City shall pay for such services DocuSign Envelope ID: F27C92BE-5283-4F60-B319-506CB022FDF0

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2 in accordance with the Schedule of Charges set forth in Exhibit “A”.. b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $997,400.00. This am ount is to cover all related costs, and the City will not pay any additional fees for printing expenses.

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

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

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

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

6. T erm . The term of this Agreement shall be from January 18, 202 3 to December 30, 20 24, unless earlier terminated as provided herein. Consultant shall complete the services wi thin the term of this Agreement and shall meet any other established schedules and deadlines set forth in each individual Task Order issued by the City. All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement.

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

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

DocuSign Envelope ID: F27C92BE-5283-4F60-B319-506CB022FDF0

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

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

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

12. C
onflicts of Interest . During the term of this Agreement, Consultant shall at all times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept DocuSign Envelope ID: F27C92BE-5283-4F60-B319-506CB022FDF0

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4 payment from or employment with any person or entity which will constitute a conflict of interest with the City.

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

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

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

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

16. I
nsurance. Consult ant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. A
dditional Insured
The City of San Bernardino, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Consultant’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. b. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies DocuSign Envelope ID: F27C92BE-5283-4F60-B319-506CB022FDF0

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5 acceptable to the City.
(ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:

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

DocuSign Envelope ID: F27C92BE-5283-4F60-B319-506CB022FDF0

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6 (iii) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. d. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self -insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. e. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. f. Privacy/Network Security (Cyber)
At all times during the performance of the work under this Agreement, the Consultant shall maintain privacy/network security insurance for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and the (4) introduction, implantation or spread of malicious software code, in a form and with insurance companies acceptable to the City.
g. Minimum Policy Limits Required
DocuSign Envelope ID: F27C92BE-5283-4F60-B319-506CB022FDF0

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7 (i) The following insurance limits are required for the Agreement:

Combined Single Limit
Commercial General Liability $2 ,000,000 per occur rence/$4,000,000 aggregate for bodily injury, personal
injury, and property damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)

Cyber Liability $1,000,000 per occurrence and
aggregate

(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to t his Agreement.
h. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25- S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. i. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior writte n notice of cancellation of any such policy due to non- payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver DocuSign Envelope ID: F27C92BE-5283-4F60-B319-506CB022FDF0

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8 renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the re troactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth h erein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. j. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or
companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
k. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities DocuSign Envelope ID: F27C92BE-5283-4F60-B319-506CB022FDF0

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

17. I
ndemnification .
a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims” ) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project, or this Agreement, including without limitation the payment of all damages, expert witness fees, attorneys’ fees and other related costs and expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City . Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized volunteers. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement. b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code DocuSign Envelope ID: F27C92BE-5283-4F60-B319-506CB022FDF0

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10 section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

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

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

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

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

21. T
ermination or Abandonment
DocuSign Envelope ID: F27C92BE-5283-4F60-B319-506CB022FDF0

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

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

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

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

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

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

26. D
ocuments . Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become DocuSign Envelope ID: F27C92BE-5283-4F60-B319-506CB022FDF0

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12 the property of the City.

27. Organization. Consultant shall assign Neelay Bhatt as Project Manager.

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

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

29. No tice . Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to the following addresses and shall be effective upon receipt thereof:

CITY:

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

With Copy To:

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

CONSULTANT:

Next Practice Partners, LLC.
1950 East Greyhound Pass, Suite 121
Carmel, IN 46033

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

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

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

33. S
everability . If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such DocuSign Envelope ID: F27C92BE-5283-4F60-B319-506CB022FDF0

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13 determination shall not affect the validity or enforceability of the rem aining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect.

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

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

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

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

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

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

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

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

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

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

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

[SIGNATURES ON FOLLOWING PAGE]
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15 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND NEXT PRACTICE PARTNERS, LLC.

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

CITY OF SAN BERNARDINO
APPROVED BY:

Charles E. McNeely
Interim City Manager

ATTESTED BY:

Genoveva Rocha, CMC
City Clerk

APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

CONSULTANT

Signature

Name

Title

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Neelay Bhatt

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16 EXHIBIT A
Scope of Services
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October 2022
City of San
Bernardino Parks
Master Plan Proposal
Next Practice Partners, LLC.

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1 Table of Contents

CHAPTER ONE – COVER LETTER ............................................................................................... 2

CHAPTER TWO – DESCRIPTION OF COMPANY AND QUALIFICATIONS ..................... 4 WHO WE ARE ............................................................................................................................................................................................................ 4 WHAT WE DO ............................................................................................................................................................................................................ 4 OUR HISTORY ............................................................................................................................................................................................................ 5 OUR TEAM ................................................................................................................................................................................................................... 5 AVAILABILITY OF STAFF ......................................................................................................................................................................................12

CHAPTER THREE - SUB-CONSULTANTS USED .................................................................... 13 RHA LANDSCAPE ARCHITECTS-PLANNERS INC. ....................................................................................................................................13 BOA ARCHITECTURE ............................................................................................................................................................................................ 14 AQUATIC DESIGN GROUP ...................................................................................................................................................................................15 ETC INSTITUTE ......................................................................................................................................................................................................... 16 MERGE DIVERSE ABILITIES INCLUSION CONSULTING ........................................................................................................................ 17 HISPANIC / LATINO COMMUNITY OUTREACH ......................................................................................................................................... 17 NATIVE AMERICAN RESOURCE CENTER .................................................................................................................................................... 17

CHAPTER FOUR - STATEMENT OF LOCAL PREFERENCE ELIGIBILITY ......................... 18

CHAPTER FIVE – EXPERIENCE ON SIMILAR PROJECTS .................................................... 19 CITY OF CARLSBAD, CALIFORNIA .................................................................................................................................................................. 19 CITY OF FREMONT, CALIFORNIA ................................................................................................................................................................... 20 BROWARD COUNTY, FLORIDA ........................................................................................................................................................................21 CITY OF ROCKVILLE, MARYLAND ................................................................................................................................................................... 22 CITY OF CHINO, CALIFORNIA ........................................................................................................................................................................... 23 CITY OF TEMPLE CITY, CALIFORNIA............................................................................................................................................................. 24

CHAPTER SIX – DESCRIPTION OF PROPOSED METHODS AND REPORT ................... 25 WHAT YOU WANT ................................................................................................................................................................................................. 25 HOW WILL WE DELIVER ................................................................................................................................................................................... 26 PHASE 1: DISCOVER (WHAT-IS) ...................................................................................................................................................................... 26 PHASE 2: ENVISION (WHAT’S NEXT) ............................................................................................................................................................ 30 PHASE 3: DEVELOP (FUTURE ROADMAP) ................................................................................................................................................... 36

CHAPTER SEVEN TIMELINE ....................................................................................................... 39

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2 CHAPTER ONE – COVER LETTER

To,
City of San Bernardino,
Public Works Department,
Engineering Division.

Attn: Alex Qishta, DDPW / City Engineer
Ref: Parks Master Plan RFP Response

San Bernardino’s History and Culture
The City of San
Bernardino is an
incredibly diverse
community in its people
and its offerings. With
your range of offerings
including 30+ parks,
greenways and trails,
recreation centers,
soccer complexes,
senior services, and
cemeteries, you truly
have a richness of
culture and heritage.

The presence of a
higher than national
average Hispanic /
Latino and Native
American population,
numerous veterans and
thousands of students
through Cal State San
Bernardino can created
a melting pot of
backgrounds and cultures and one that parks, recreation and community services can truly unite and bring together.

In addition, the ongoing SanBernardino2050 Plan and your emergence out of decade long bankruptcy are momentous steps in moving the city forward. This Parks Master Plan will further rejuvenate the City and its people so they can all have access to the quality of life they truly deserve.

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Proposal
Parks Masterplan
3 Our Experience
We are excited to submit our proposal to partner with the City on this transformational project.

At Next Practice Partners, we have a vision to build a more inclusive and innovative world for all and we have assembled a team that shares our values and our mission.

Our team, led by yours truly, has experience with 150+ Park System Master, Strategic and Business Plans from Anchorage, AK to Allentown, PA and extensive experience in California, specifically Southern California. Our team members have lived and grown up in California and are multicultural and multilingual, including Spanish, Hindi and American Sign Language. Our experiences range from companies such as Disney and Target to national gold medal and award-winning park agencies such as Broward County, FL, Carmel-Clay, IN, Carlsbad, CA, Durango, CO, Gurnee Park District, IL among others.

Our Team
We have assembled a team of experts who are local and national. RHA Landscape Architects- Planners in Riverside, CA, Aquatics Design Group in Carlsbad and BOA Architects in Long Beach, are our local partners while national statistically valid survey experts, ETC Institute are in Kansas and national inclusion experts MERGE Diverse Abilities Inclusion Consulting are in Massachusetts.

This helps us provide the best of local, regional and national expertise to this critical project.

Our Approach
Our entire team is committed to ensuring our approach is the most inclusive planning process for a Parks Master Plan so that everyone in San Bernardino who wishes to participate has a chance to share their vision for the future.

With a combination of existing team members, your staff, and the community leaders, we will craft an approach that meets people where they are and incorporates cutting edge technology and innovative practices in this process.

We look forward to hearing from you and welcome an opportunity to further share our approach to build this critical piece of the City’s future and provide the diverse community hope and a sense of optimism to look forward to.

Gratefully,

Neelay Bhatt
Founder and CEO
Next Practice Partners, LLC.

Email: [email protected] / Web: www.BeNextPractice.com Cell: 740 591 0225
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4 CHAPTER TWO – DESCRIPTION OF

COMPANY AND QUALIFICATIONS

WHO WE ARE
Next Practice Partners, LLC. is a team
committed to building a more inclusive and
innovative future for all through planning,
training, and technology services.

WHAT WE DO
Master Planning + Strategic Planning+
Business Planning
We believe innovation is not a by-product, but
the very essence of a planning process.

We also ensure that inclusion is not optional
but an integral part of our approach.

This combination of innovation and inclusion
fuels our approach to Master Planning,
Strategic Planning, and Business Planning.

We are committed to helping users see their
values and unmet needs reflected in the plans and developing plans that aren’t just pretty pictures (that are unrealistic) but rather living documents that are financially and environmentally sustainable.

Our team’s background with CAPRA visitors, fluency in 6 languages, and our proprietary digital technologies help us provide the most inclusive community engagement possible. In addition, we center empathy and equity at the core of our process through our focus on listening, storytelling, and the user experience.

Your plans will benefit from our experience on 150+ plans from Anchorage, Alaska to Allentown, Pennsylvania so that your roadmap for the future balances strategic goals and human capital along with infrastructure priorities and political realities.

OUR VISION
A more inclusive and innovative
future for all

OUR MISSION
To help communities prepare for
what's next

OUR VALUES
INCLUSION + INNOVATION +
INFORMATION = INSPIRATION

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Proposal
Parks Masterplan
5 OUR HISTORY
The Company is newly founded in July 2022 and is headquartered in Carmel, Indiana. Our project team members have close to 100 years of experience in the parks, recreation, and sports industries in addition to working with national Gold Medal agencies. The staff profiled on the following pages will be directly involved in this Master Plan. The Founder & CEO has been a national leader in the parks and recreation industry space having served on the Board of the National Recreation and Park Association, spoken at multiple national conferences and even keynoted the California Recreation and Park Society conference and consulted with parks and recreation / community services agencies all over California and nationwide.

OUR TEAM

NEELAY BHATT
Founder & CEO

Education
Exec. Education / 2018 / Sr. Executives in State and Local Government / Harvard University MSA 2005 / Masters in Sports Administration / Ohio University MBA / 2004 / Masters in Business Administration / Ohio University PG / 2003 / Post Graduate Diploma in Advertising & Public Relations / University of Mumbai BA/2002/Psychology and Economics / University of Mumbai Mr. Bhatt’s career on five continents includes Disney, The Super Bowl, The Olympics, and years of consulting, public speaking, and training. He champions “Ideas Worth Spreading” as the curator for TEDxCollegePark, TEDxIndianapolis, and TEDxIndianapolisWomen, and his service as a trustee for the National Recreation and Park Association sought to ensure “no child was left indoors.” As the Founder & CEO of Next Practice Partners, he combines inclusion and innovation to help agencies prepare for “what’s next” through planning, training, and technology solutions. Over his 25-year journey, he has developed business and operations plans for Los Angeles County serving 12 million people, trained Olympic Governing bodies, and co-created the world’s largest municipal customer service and leadership training initiative for Chicago Park District’s 3000 employees.

His Master and Strategic planning work with Atlanta, Broward County, Charlotte-Mecklenburg County, Indianapolis, Las Vegas, and San Diego, among others have recommended facility development and infrastructure improvements totaling over $2.5 billion, shaping a more equitable and accessible future for all. In addition, he has extensively worked all over California including City of San Diego, City of Carlsbad, City of San Clemente, Los Angeles County, Riverside County, DocuSign Envelope ID: F27C92BE-5283-4F60-B319-506CB022FDF0

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6 City of Chino, City of Pasadena, Temple City, City of San José, City of Fremont, City of Gilroy and many others.

As a first-generation immigrant raised by three women and a father who always showed up, he hopes to model the same for his two kids. These life experiences are woven into his keynotes on next practices and trends, the art of storytelling, and magical customer service, and have inspired executives, professionals, startups, and students from Charlotte to China and from Switzerland to New Zealand.

JASON ELISSALDE
Senior Project Manager

Education
BA/2001/Communication and Media Studies/ Cal State University, Sacramento Mr. Elissalde has 25 years of experience in training, development, and management both in the private and public sectors. Within his work in the public sector with organizations such as Enterprise Rent-A-Car, and Target; Jason would lead multiple teams and processes; receiving awards and commendations for his work in customer service, operational excellence, data analytics, and fiscal growth.

He would finally find his “Why” in his seven-plus years at Willamalane Park and Recreation District, where he was a key part of their National Gold Medal-winning team and take the lead in their, now, successful CAPRA accreditation process. He championed the District’s workplace culture, with a focus on staff development and a “mission” focused approach to problem-solving, goal setting, and personal accountability.

A consultant, a CAPRA accreditation visitor, and a passionate Disney fan (ask him about his Tinker Bell story someday) committed to being an ally for those not in the room, he routinely speaks nationally on workplace culture, change management, purpose-driven leadership, and the importance of developing an emotional connection to the work we do and the communities we serve.

ESTRELLA SAINBURG
Project Associate – Hispanic / Latino Outreach Lead

Education
MS 2023 (May)/ City / Urban, Community and Regional Planning, UT Austin BA/2016/Development Studies, minor Global Poverty and Practice, UC Berkeley Ms. Sainburg focuses on bringing about stronger communities and relationships with our natural environment through park and recreation planning. She is expected to graduate with her Masters in Community and Regional Planning at the University of Texas at Austin in 2023 and has earned her Bachelor of Arts in Development Studies with a minor in Global Poverty and Practice at UC Berkeley while also spending time in Chile at Pontificia Universidad Católica de Chile.

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Proposal
Parks Masterplan
7 Ms. Sainburg has experience in public service, organizational leadership, project management, community engagement, and strategic planning and is a native Spanish speaker from her Mexican American heritage.

Originally from Los Angeles, California, Estrella grew up at the foothills of the Angels Crest National Forest and is passionate about bridging the gap in access to nature and recreation for underserved communities.

When she’s not studying or researching, she is enjoying the beautiful outdoors, visiting family, or exploring parks in different cities. She enjoys biking, dancing, reading, and hanging out with her nieces and nephews.

RYAN MALISZEWSKI,
Project Consultant – ASL Meeting Facilitator / Deaf Community Outreach Lead Education
BS/2001/Business Administration and Management/ University of Arizona Mr. Maliszewski partners with passionate leaders and visionaries to apply universal design and strategy to solve complex organizational challenges and promote inclusive & accessible workspaces.

Previously, he was the Chief Executive Officer of a Deaf-led Neapolitan pizzeria responsible for scaling the business across multiple locations and Director of Innovation & Entrepreneurship at Gallaudet University which is the only liberal arts university for the Deaf in the world. He also served as an Executive Strategy and Technology Advisor for the Federal Bureau of Investigation (FBI). Mr. Maliszewski has long been a serial entrepreneur within the accessibility and inclusion space and is involved with the local community where he provides strategic planning support to several disability-focused organizations and currently sits on the Washington DC Mayor’s Innovation & Technology Inclusion Council.

He recently spoke at TEDxCollegePark at the University of Maryland about tapping into the power of “DeafGain” highlighting how Deaf people navigate through life not built for them, yet they constantly adapt, problem solve, and innovate, often reinventing technology and discovering new resources with universal appeal.

View his TEDx talk here: Gaining New Perspectives: Leadership Lessons from a Deaf CEO https://www.youtube.com/watch?v=J-oiEapn7og

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8 DOUG GROVE, RLA, ASLA LEED AP
RHA Landscape Architects-Planners President
Education
BS/1985/Landscape Architecture/ Cal State Polytechnic University, Pomona
Active Registration
1987/Landscape Architect/2799/State of California
LEED Accredited Professional – United States Green Building Council (USGBC)
Mr. Grove is a Principal Landscape Architect and LEED Accredited Professional with RHA LANDSCAPE ARCHITECTS-PLANNERS, INC.

He graduated from California State Polytechnic University, Pomona in 1985 and holds a Bachelor of Science degree in Landscape Architecture. He has more than twenty-eight years of experience as a professional Landscape Architect. He brings to the firm a wide range of experience in the public works sector having been personally involved in the design and project management of hundreds of park projects as well as housing development, streetscape, institutional and commercial projects.

Mr. Grove serves on the California Park and Recreation Society (CPRS) State Board of Directors as Vice President and on the CPRS District 11 Board of Directors as the Administrators Section Representative. He is a past President of the CPRS State Development and Operations Section.

He is on the Board of Directors for the Building Industry Association (BIA) Riverside County and is on the Board of Directors for the California Turf and Landscape Foundation at the University of California, Riverside. He is a past Board Member for the United States Green Building Council Inland Empire (USGBC-IE).

LAUREN MCHUGH, RLA
RHA Landscape Architects-Planners Inc. Project Architect Education
BS/2006/Landscape Architecture/ Cal State Polytechnic University, Pomona

Active Registration
2009/Landscape Architect/5578/State of California

Ms. McHugh is a Project Architect with RHA Landscape Architects- Planners, Inc. She graduated from California State Polytechnic University, Pomona, and holds a Bachelor of Science degree in Landscape Architecture. She has more than 15 years of landscape design and computer-aided graphic design experience. Her experience has included the design of projects from preliminary phases to construction documents. She has been responsible for design development, project coordination, and project approval. She possesses computer design skills that allow for multi- media presentations and computer rendering. Ms. McHugh’s experience includes developing plans for parks, streetscapes, schools, housing and commercial properties.

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Proposal
Parks Masterplan
9 EDWARD LOC NG
BOA Architects, Principal / Director of Design
Education
Bachelor of Architecture, University of Hawaii, 1981

Professional Registration
 Licensed Architect, C-16840, State of California, 1986  LEED Accredited Professional, 2009
 Disabled Access Appeals Board, City of Long Beach, since 1989  Certified Access Review Board and Design Review Board City of Downey, since 1992
 Completed Accessibility Surveyor Training for State Leased Buildings and Facilities State of California, since 2003

Mr. Ng has been a member of BOA since 1982 and is currently their Principal and Director of Design, Mr. Ng has over 38 years of experience in all phases of the design process. He has personally designed and managed over 500 municipal facility projects, 400 ADA compliance projects, and completed design work for over 50 park facilities for local cities. He has been the Project Manager and Designer for numerous projects within civic/public buildings, the Parks and Recreation facilities, city hall, Fire Station facilities, Police facilities, and ADA retrofit/transition plan projects.

This experience coupled with Mr. Ng’s dedication and commitment to sustainability and design excellence has led to numerous honors and repeat clients for BOA. Finally, Mr. Ng has personally designed numerous parks and recreation facilities and public parks, including the Cities of: Carson, Bellflower, Cypress, Hawthorne, Irvine, Huntington Beach, Torrance, Tustin, State of California, and many others.

Mr. Ng and BOA are currently working in San Bernardino on the community center renovation at Nicholson Park and they have performed work on several other projects in the city as well.

A certified plan review consultant to California’s Division of the State Architect, Mr. Lok Ng has completed DSA-sponsored training as an Access Compliance Plan Reviewer and Accessibility Surveyor. As a member of the City of Long Beach Disabled Access Appeals Board since 1994 and the Design Review Board for the City of Downey since 1989, he has reviewed applications and appeals for a broad range of commercial and municipal design projects. He is also LEED, AP Certified and has designed several LEED Certified projects, which will be a great asset for the sustainability design.

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10 JUSTIN CARON
Aquatic Design Group, Principal / CEO
Education
MBA/2009/ Capella University
BA/2003/Bachelor of Arts/Auburn University

Professional Affiliations
California Parks & Recreation Society
Certified Aquatic Facility Operator (AFO)
National Recreation & Park Association / USA Swimming
World Waterpark Association Innovation & Technology Committee Mr. Caron has spent much of his life in and around pools. He was a six- time All American and two-time captain for Auburn University’s swim team, which won four SEC titles and one national championship title while he was there. He has also coached at elite camps around the country and spends most of his free time now in the pool with his two young children.

His unique combination of passion for swimming and technical knowledge enables him to relate to all members during the design process. Mr. Caron is responsible for project management, programming, planning, business development, and communication between the Client, other design professionals, and Aquatic Design Group.

Similar Project Experience (partial list)
Adventure Park Wet Play Addition, Visalia, CA
Alga Norte Community Park, Carlsbad, CA
Apple Campus Spas, Cupertino, CA
Brooks Street Pool Assessment, Oceanside, CA
City Heights Pool Renovation, San Diego, CA
DryTown Waterpark Renovation, Palmdale, CA
East Oakland Sports Center, Oakland, CA
El Cariso Pool Renovation, Los Angeles, CA
El Corazon Aquatic Center, Oceanside, CA
Grape Day Park Master Plan Study, Escondido, CA

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Proposal
Parks Masterplan
11 LISA DRENNAN, FOUNDER
MERGE Diverse Abilities Inclusion Consulting
Education
BS/1988/Psychology/Early Childhood Education/Saint Michael’s College, Vermont
Ms. Drennan has a 38-year career advocating for individuals with disabilities to be active and meaningfully engaged members of society through supporting community entities to enhance their disability inclusion initiatives, resulting in greater accessibility, purpose and belonging.

At New England Village in Pembroke, MA, a residential community for adults with developmental disabilities, she gained experience as a direct support worker, then climbed the ranks and expanded her journey to be named the Director of the Sollar Wellness Center, helping to design and open a first-of-its-kind building offering aquatics, fitness, music, art, and education specifically designed to meet the needs of persons with disabilities.

In 2014, she joined the South Shore YMCA as the first-ever Association Director of Inclusion.

Through innovative program development, creation and execution of comprehensive staff training and building community partnerships, she was recognized as a leader in the field of social and recreational inclusion for persons with diverse abilities. Lisa was appointed as the National Chairperson of the Y-USA’s Diverse Abilities Working Group providing a platform of learning and sharing of best practices for Y’s across the country. In 2018 Lisa started MERGE, where she provides comprehensive consultation, staff training and systems implementation to community entities committed to disability inclusion, access and belonging.

Ms. Drennan lives with her family in Pembroke, Massachusetts and is an avid fitness enthusiast who enjoys outdoor adventure activities (especially when she brings her grand-puppy Lucy along).

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12 AVAILABILITY OF STAFF
The following table represents staff availability based on our current understanding of the project.

This will be finalized based on the City’s needs should we be chosen to work on this project.

Staff Role % of Time Available
on this project
Neelay Bhatt Principal Consultant and Project Manager 65% Jason Elissalde Asst. Project Manager 60%
Estrella Sainburg Project Consultant – Hispanic Outreach Lead 50% Doug Grove Local Support and Site Assessment Lead 35%
Lauren McHugh Planning and Site Assessment Consultant 35% Lisa Drennan Inclusion Assessment Lead 15%
Ryan Maliszewski ASL Meeting Lead + Deaf Community Outreach 10% Edward Loc Ng Architect - Facility Assessment Lead 10% Justin Caron Aquatics – Pool Assessment Lead 5%

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Proposal
Parks Masterplan
13 CHAPTER THREE - SUB-CONSULTANTS
USED
RHA LANDSCAPE ARCHITECTS-PLANNERS INC.

RHA is headed by two principals: Doug Grove, RLA, ASLA, LEED AP, the firm's president, and Greg Meek, RLA, CPSC. We use a "team" approach under the direction of the firm's principals and its associates. The staff of eight people includes four licensed landscape architects as well as support designers.

Established in 1979, RHA Landscape Architects-Planners, Inc. offers a wide range of landscape architectural and planning services to assist public agencies and private developers in the design of variety of public spaces and facilities including but not limited to:
• Parks and Recreation Master Plans
• Regional, Community, and Neighborhood Parks
• Government Centers
• Public Office Buildings and Administration Facilities • Preservation of Natural and Historic sites
RHA has completed hundreds of parks and recreation planning projects in California over the last 42 years.

System-wide Master Plans include:
• Parks, Trails, & Open Space Master Plan City of Benicia • Parks & Facilities Master Plan City of Chino
• Park & Recreation Master Plan City of Carlsbad
• Park, Facilities & Recreation MP Pleasant Hill Rec. & Park District • Park & Recreation Master Plan City of San Clemente • Parks & Recreation Master Plan City of Cathedral City • Park and Open Space Master Plan City of Temple City • Needs Assessment and Action Plan City of Carlsbad
• Needs Assessment/Park and Recreation Master Plan Town of Ladera Ranch • Pico Rivera Golf Course Master Plan City of Pico Rivera • Park & Recreation Master Plan City of San Jacinto
• California Citrus State Historic Park General Plan City of Riverside/State of California • Ten Year Master Plan of Parks & Recreation Rim of the World RPD Partnership: The Next Practice Partners team members and RHA have teamed on more than 10 similar parks and recreation projects, as has RHA with BOA and Aquatic Design Group. .

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14 BOA ARCHITECTURE
Located in West Long Beach, BOA has been in continuous
business for 60 years, with a competitive advantage in
Public Works architectural modernization projects
including: building additions, renovation/retrofit, tenant improvements (TI); façade improvement projects, and building systems modernization. Although they have completed new construction projects, this is their industry niche and competitive advantage. They have completed over 2,000 Public Works architectural projects for over 80 local public entities. They have unique expertise in Parks/Recreation Facilities, Fire Stations, Security-Workplace Safety Improvements, Community Centers, ADA Compliance, and Civic Center Facilities.

Their staff expertise and production systems are geared for these types of architectural modernization and often “messy” renovation projects. They have completed the design of over 500 Parks/Recreation projects, over 60 Community Centers, over 70 fire stations, 20 libraries, over 400 ADA Compliance renovation projects, and 20 civic center renovation projects. BOA is currently working on the community center renovation at Nicholson Park in San Bernardino and currently has an on-call contract with the City.

Relevant projects include:
 Nicholson Park Community Center, San Bernardino, CA
 Wilmington Senior/Multi-Purpose Center at Banning Park, Los Angeles, Wilmington, CA  Bartlett Senior Center, Torrance, CA
 Bellflower Indoor Pool & Locker Room Renovation, Bellflower, CA  Jesse Owens Indoor Swimming Pool Facility, Los Angeles, CA  LA COUNTY ISD, Deferred Maintenance Program, Los Angeles County, CA  As-Needed Citywide ADA Facilities Compliance, Long Beach, CA  Pasadena Villa Parke Community Pool Deck & Equipment Replacement, Pasadena, CA  ADA Transition Plan, Santa Maria, CA
 Warner Grand Theater Facilities Historic Assessment & ADA Compliance, Los Angeles, CA

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Proposal
Parks Masterplan
15 AQUATIC DESIGN GROUP
For more than 37 years, Aquatic Design Group has set the standard for quality design and consulting services within the aquatics industry. They have been responsible for the design and processing of over 3,000 projects in 43 states and 25 countries around the world.

The firm is focused on swimming pool and water feature architectural, structural, mechanical, and electrical design services within the following market segments: parks and recreation, high schools, higher education, hospitality, health care, and anything else that might call for an aquatics specialist. They specialize in all types of water including competition, recreation, leisure, therapy, and ornamental and natural water features.

Relevant projects include:
 Alga Norte Community Park, Carlsbad, CA
 Antelope Aquatics Complex, Antelope, CA
 Arcadia Park Pool, Arcadia, CA
 Balboa Park Pool Renovation, San Francisco, CA
 Belmont Plaza Pool Facility Assessment, Long
Beach, CA
 Belvedere Community Park Pool, Los Angeles,
CA
 Charter Swim Complex Olympic Time Trail Pool,
Long Beach, CA
 East Oakland Sports Center, Oakland, CA
 Fontana Park Aquatic Center, Fontana, CA
 Garvey Park Splash Zone Replacement,
Rosemead, CA
 Hamilton Pool Renovation, Novato, CA
 Hart Park Pool Renovation, Orange, CA
 Hartnell College Competition Pool Renovation,
Salinas, CA
 Jurupa Valley Aquatic Center “The Cove”, Riverside, CA  Lincoln Village Pool Replaster, Rancho Cordova, CA
 Memorial Park Pool, San Diego, CA
 Mike Shellito Indoor Pool Splashpad, Roseville, CA
 Perris Valley Aquatic Center “DropZone”, Perris, CA
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16 ETC INSTITUTE
ETC Institute is a 102-person market research firm that specializes in the design and administration of market
research for governmental organizations. Our major areas of emphasis include citizen satisfaction surveys, park and recreation surveys, community planning surveys, business surveys, transportation surveys, employee
surveys, voter opinion surveys, focus groups, and
stakeholder interviews. Since 1982, ETC Institute
has completed research projects for
organizations in 49 states. ETC Institute has
designed and administered more than 3,500
statistically valid surveys and our team of
professional researchers has moderated more
than 1,000 focus groups and 2,000 stakeholder
meetings.

During the past five years alone, ETC Institute has
administered surveys in more than 700 cities and
counties across the United States. ETC Institute
has conducted research for more major U.S. cities
and counties than any other firm.

Core services of the firm involve conducting
statistically valid surveys and related market
research. ETC Institute has conducted more than
600 surveys for parks and recreation systems in
46 states across the country for a wide variety of projects including parks and recreation master plans, strategic plans and feasibility studies.

Established in 1992, the principals and associates of ETC Institute helped secure funding for more than $2 billion of parks and recreation projects.

Partnership: The Next Practice Partners team members and ETC Institute have teamed on more than 100 similar parks and recreation projects.

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Proposal
Parks Masterplan
17 MERGE DIVERSE ABILITIES INCLUSION CONSULTING
MERGE understands and celebrates that people interact, learn, and experience the world around them differently. We build stronger communities together, with you, providing expert guidance on inclusion of persons with diverse abilities. Our consultative services are backed by decades of hands-on experience, to build organizational commitment and culture change.

Our services give community organizations the tools and confidence to ensure community members with diverse abilities are welcomed, engaged and supported to be successful in all aspects of your community, programs and offerings, while meaningfully participating alongside their peers without disabilities.

MERGE has recently worked with the Old Colony YMCA Association based in Southeast Massachusetts. Their Senior Executive team recognized the need for organizational change and commitment to disability inclusion to better serve their community and align with their mission to be “For ALL”. We worked together to bring forth a needs assessment and inclusion audit, identifying goals and implementation strategies to help them on their pathway toward inclusion.

Resources/Articles
 www.mergeconsulting.org
 Building Friendships Between Persons With and Without Disabilities Toolkit  NRPA Article - Inclusive Recreation: A Pathway Toward Friendship  Inclusion: It's Not Just The Right Thing To Do
 Inclusive Sport Design Australia Blog
Partnership: The Next Practice Partners team members and Merge have been in contact since 2019.

HISPANIC / LATINO COMMUNITY OUTREACH
We recognize the critical importance of maximizing engagement with the Hispanic / Latino community. In addition, to our team members, we will collaborate with the City to identify appropriate stakeholders and groups such as the Inland Empire Hispanic Leadership Council, Latino Health Collaborative, Coalition of Inland Empire Latino Organizations (CIELO) and other neighborhood, faith-based groups to maximize outreach, education, and input collection for the Hispanic / Latino community.

NATIVE AMERICAN RESOURCE CENTER
The Next Practice Partners team has also had conversations with the Native American Resource Center. This center seeks to build a transformative society through deepening structured partnerships between Native American cultural lifeways and colonial societal models that are committed to reimagining their infrastructures by building relationships with Indigenous Peoples through political & cultural inclusivity.

If we are chosen to partner with the City on this project, we will identify ways to engage them and their connections to maximize outreach and ensure indigenous voices in San Bernardino are heard.

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18 CHAPTER FOUR - STATEMENT OF LOCAL

PREFERENCE ELIGIBILITY

We do not have an office or any employees in the City of San Bernardino.

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Proposal
Parks Masterplan
19 CHAPTER FIVE – EXPERIENCE ON SIMILAR

PROJECTS
Note: The Next Practice Partners team worked on these projects during their prior employment experience.

CITY OF CARLSBAD, CALIFORNIA
What: Parks and Recreation Master Plan, Park Master Plans and Feasibility Studies and Parks and Recreation Master Plan Update
Who: The Next Practice Partners team along with RHA and ETC Institute Scope:
 Community Input (Focus Groups, Key Leadership
Meetings, Public Forums, Statistically reliable survey)  Customized crowdsourcing project website
(www.carlsbadparksplan.com)
 Demographic and Recreation Trends Analysis
 Park and Facility Assessment / Recreation Program
Assessment
 Internal Operational Assessment
 Funding and Revenue Strategies
 Level of Service Standards / GIS Mapping
 Capital Improvement Plan and Priority Rankings
 Detailed Strategic Action Plan

Duration: Multiple Plans from 2013 – Ongoing
Outcomes: Short term, midterm, and ongoing recommendations for day-to-day operational tactics and two signature “ideas”.

1. Development of dedicated pickleball courts, expansion of 3 Community Parks and a Senior Center; increase program participation and greater equity of access.

2. The Department became one of 5 agencies in California to obtain national accreditation through CAPRA (Council for Accreditation of Parks and Recreation Agencies).

3. Currently, the Next Practice Team is updating the 2021 Parks and Recreation Master Plan.

Website: http://carlsbadparksplan.com/pdf/carlsbad-parks-and-recreation-department-master- plan.pdf
References: Mr. Kyle Lancaster, Parks & Recreation Director, 799 Pine Avenue, Carlsbad, CA 92008; (760) 434-2941; [email protected]

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20 CITY OF FREMONT, CALIFORNIA
What: Comprehensive Parks and Recreation Master Plan
Who: The Next Practice Partners team with WRT and ETC Institute Scope:
 Community Input (Focus Groups, Key
Leadership Meetings, Virtual Public Forums)
 Focus Group meeting in American Sign Language
 Multilingual Statistically Valid Survey
o 5 languages
 Online Surveys (English and Spanish)
 Customized crowdsourcing project website
 Community Input App
 Demographic and Recreation Trends Analysis
 Park and Facility Assessment
 Recreation Program Assessment
 Maintenance Management Plan
 Funding and Revenue Strategies
 Level of Service Standards
 Equity Mapping
 Capital Improvement Plan and Priority Rankings
 CAPRA Submittal Review
 Visioning and Strategic Action Plan

Duration: Dec 2019 – Mar 2022
Outcomes: First Master Plan in the 21st Century: unanimously adopted 7-0 by Council First ever stakeholder meeting held entirely in American Sign Language Statistically Valid Surveys in 5 languages; Built multi-lingual website and ADA accessible website

4. (Recommended) 10 min walk access to a park for all.

5. (Recommended) Build Multi-generational, multi-use recreation center(s).

6. (Recommended) Update existing park amenities and diversify funding sources.

7. (Recommended) Increased staffing / contract support for future levels of service

Website: https://www.fremont.gov/government/departments/parks-planning-design/park- planning/parks-master-plan
References: Ms. Suzanne Wolf, Community Services Director; 3300 Capitol Avenue, Bldg B, Fremont, CA 94538; (408) 203 9203; [email protected];
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Proposal
Parks Masterplan
21 BROWARD COUNTY, FLORIDA
What: Parks and Recreation System Master Plan
Who: The Next Practice Partners team with Chen Moore, Barth & Associates and ETC Institute Scope:
 Pop. 2 million / Home to Everglades National Park /
 Large Hispanic and Caribbean population
 Community Input (Focus Groups, Key Leadership
Meetings, Public Forums, Statistically valid and Online Survey)
 Customized crowdsourcing project website
 Demographic and Recreation Trends Analysis
 Park and Facility Assessment
 Recreation Program Assessment
 Signature Park Series Development
 Funding and Revenue Strategies
 Level of Service Standards / Equity Mapping
 Capital Improvement Plan and Priority Rankings
 Visioning Workshop
 Strategic Action Plan

Duration: November 2019 – May 2022
Outcomes: First ever system-wide Master Plan for the
gold-medal winning agency

1. (Recommended) Create a world class and truly
inclusive guest experience

2. (Recommended) Develop specialty parks and
signature elements unique to Broward County
(initial designs provided)

3. (Recommended) Ensure long-term financial sustainability with dedicated funding

4. (Recommended) Incorporate green initiatives, resilience, and environmental sustainability in all aspects of operations, especially return on investments

5. (Recommended) Pursue National (re)Accreditation and second Gold Medal Award.

Website: https://www.betterparksbetterbroward.com
References: Mr. Dan West, Parks & Recreation Director, 950 NW 38th Street, Oakland Park, FL 333009; (954) 826-2483; [email protected]
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22 CITY OF ROCKVILLE, MARYLAND
What: Recreation and Parks Strategic Plan
Who: The Next Practice Partners team with LPDA and ETC Institute Scope:
 Community Input (Focus Groups, Key Leadership Meetings, Public Forums)
 Statistically valid Survey
 Online Survey
 Customized ADA accessible crowdsourcing project website  Demographic and Recreation Trends Analysis
 Parks, Trails and Facility Assessment
 Recreation Program and Senior Program Assessment
 Marketing Plan
 Internal Operations and Maintenance Assessment
 Funding and Revenue Strategies
 Level of Service Standards / GIS Mapping
 Vision, Mission and Core Values
 Capital Improvement Plan and Priority Rankings
 Strategic Action Plan

Duration: – January 2019 – October 2020
Outcomes: Completed Strategic Plan through the pandemic; unanimous 5-0 adoption Established Department’s core values starting with Diversity, Equity and Inclusion Connected the Strategic Plan to the Arts and Culture Study and Senior Citizen Needs Assessment

1. (Recommended) Build a standalone branding identity for the Department

2. (Recommended) Design, develop and maximize use of RedGate Park (old golf course) as a regional destination

3. (Recommended) Redevelop King Farm Farmstead to add cultural offerings to historic amenities

4. (Recommended) Ensure equity of access for all offerings and evaluate adding multi- generational community facilities

Website: http://rockourfuture.com/technical-reports.html References: Mr. Tim Chesnutt, Recreation and Parks Director, 111 Maryland Avenue #3, Rockville, MD 20850; (240) 314-8620; [email protected]
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Proposal
Parks Masterplan
23 CITY OF CHINO, CALIFORNIA
What: Parks and Facilities Master Plan
Who: The Next Practice Partners team with RHA, ETC Institute, and WLC Architects Scope:
 Community Input (Focus Groups, Key Leadership Meetings, Public Forums, Statistically valid Survey)
 Crowdsourcing Project Website
 Demographic and Recreation Trends Analysis
 Park and Facility Assessment
 Recreation Program Assessment
 Funding and Revenue Strategies
 Level of Service Standards / GIS Mapping
 Capital Improvement Plan and Priority Rankings
 Visioning and Action Plan

Duration: 2019 – 2021
Outcomes:

Unanimous Council approval
Short term, midterm, and ongoing recommendations for improvements to existing parks and programs with full park assessments documented in GIS files

1. (Recommended) Dedicated marketing/branding support (including staff position)

2. (Recommended) Focus on long-term sustainability

3. (Recommended) Partner with the City to reenergize the Downtown area

4. (Recommended) Prioritize trail connectivity and increase equity of access

5. (Recommended) Upgrade existing facilities / amenities to enhance the user experience

Website: https://chinocreatescommunity.com/technical-reports.html References: Ms. Linda Reich, City Manager; (909) 334-3491; [email protected] Ms. Silvia Avalos, Community Services Director; (909) 334-3434; [email protected] 13220 Central Avenue, Chino, C 91701

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24 CITY OF TEMPLE CITY, CALIFORNIA
What: Parks and Open Space Master Plan
Who: RHA with Next Practice Partners team member and ETC Institute Scope:
 Community Input (Focus Groups / Key Leadership Meetings / Public Meetings)  Intercept Surveys (in Mandarin Chinese)
 Statistically valid Survey
 Demographic and Recreation Trends Analysis
 Park and Facility Assessment
 Recreation Program Assessment
 Funding and Revenue Strategies
 Level of Service Standards / GIS Mapping
 Capital Improvement Plan and Priority Rankings
 Detailed Strategic Action Plan
 Google Earth Interactive Map

Duration: 2013 - 2014
Outcomes:

First public engagement in Mandarin Chinese for the Master Plan Short term, midterm, and ongoing recommendations for improvements to existing parks and potential parcels to be acquired for to create additional park space References: Agency contact is no longer with the city (retired)

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Proposal
Parks Masterplan
25 CHAPTER SIX – DESCRIPTION OF

PROPOSED METHODS AND REPORT

WHAT YOU WANT

OutcomesTrendsStaffing and Funding Needs Community PrioritiesRecommendationsShort, Mid, Long Range PlanMission, Vision, Values DocuSign Envelope ID: F27C92BE-5283-4F60-B319-506CB022FDF0

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26 HOW WILL WE DELIVER
PHASE 1: DISCOVER (WHAT-IS)

6.1.1 FACILITATE THE MASTER PLAN PROCESS
Our team is committed to lead and partner with you on the entire plan process. We operate in a collaborative manner with ongoing communication and a transparent process. This will include:

1. Initial Kickoff Meeting

2. Bi-monthly project status meetings

3. Shared folders for collaborative work

4. Regular milestone presentations for key findings

5. Communication with Advisory Committee and Council / Commissions, as appropriate

6.1.2 COLLABORATE WITH ADVISORY COMMITTEE
Our team would be delighted to work with an Advisory Committee throughout the project. We will plan at least four (4) advisory committee meetings starting from the initial kick-off, interim findings, visioning and recommendations stages. We will collaborate with the city to ensure maximum participation in each stage of this process to ensure their input and buy-in for the plan.

6.1.3 REVIEW EXISTING DOCUMENTATION
We will review and familiarize ourselves with all background information and context provided by staff. This may include, but is not limited to the following:
• 2016 Parks, Recreation & Forestry Plan
• 2022-23 City of San Bernardino Capital Improvement Plan • 2020-25 City Council Goals
• Other relevant background information
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Proposal
Parks Masterplan
27 6.1.4 DEVELOP COMMUNITY OUTREACH / EDUCATION STRATEGY The Consulting Team will work with the City to develop a comprehensive approach that is inclusive and innovative to promote the Plan, increase awareness, obtain input and, thus, create community buy-in. We will assist the City with creative ideas for marketing strategies that staff can implement to maximize greater community awareness and engagement.

A. Public Engagement/Advocacy Strategy – The Consulting Team with our internal and partner outreach experts will collaborate with staff to develop a comprehensive, multilingual, in-person and digital outreach and advocacy plan. The goal will be to ensure a fully transparent process and one where we engage the community where they are to ensure anyone who wants to participate in the planning process has an opportunity to do so.

B. Project Storytelling – We believe in the power of storytelling and will help craft a brand identity and story for the Master Plan that the staff and community can advocate and support.

C. Develop Stakeholder List - Ensuring a representative stakeholder mix is critical to the plan process. We will work with the City to identify key stakeholders and user groups that should be involved in the process.

6.1.5 DEVELOP COMMUNITY DEMOGRAPHICS AND TRENDS
To develop a plan, it is essential to understand what the population and the trends for the future are. The Consulting Team will utilize the City of San Bernardino’s projections and supplement using US Census information and census tract data from Environmental Systems Research Institute, Inc. (ESRI), the largest research and development organization dedicated to Geographical Information Systems (GIS) and specializing in population projections and market trends.

This will help identify the demographic makeup of the population being served, their recreation preferences, future changes in the demographics and participation trends. Ultimately, these are foundational data sets to help the city plan for a future based on population shifts, and what recreation trends are occurring.

The analysis uses US 2020 Census information, 2023 (estimates) and future projections for characteristics including age, income, race / ethnicity, gender, health metrics etc.

The ESRI Information will be supplemented by Sports & Fitness Industry Association’s (SFIA) 2022 Study of Sports, Fitness and Leisure Participation, ESRI local market potential, and outdoor recreation trends from the Outdoor Foundation and Tree Equity analysis from American Forests.

6.1.6 CONDUCT INCLUSION AUDIT
Our team will conduct an inclusion audit that will help identify goals and implementation strategies to help the Department on your pathway toward inclusion. This will be performed from varied perspectives including, but not limited to, age, gender, language, culture, neurodivergence and sensory ability, physical ability. Some tasks will include:
 Onsite evaluations of programming spaces
 Evaluation of user journey for internal and external customers in San Bernardino  Evaluation of website and marketing pieces
 Evaluation of policies and procedures to ensure inclusive practices for internal staff  Focus group meetings with for staff offering specialized programs to identify barriers to inclusion
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28 In addition, our team will also conduct a Leadership Roadmap to Inclusion workshop for senior team members to ensure the Department leadership understands the principles and elements of inclusion and for each team member to identify their specific action steps as the plan is developed.

6.1.7 INVENTORY AND ASSESS EXISTING PARKS AND FACILITIES The Consulting Team will compile a comprehensive inventory of all City parks, amenities, and open space including year built and acreage. This will include confirmation of the location and size of existing parks and amenities, and functionality, accessibility, condition, comfort, and convenience.

The analysis will list each location’s amenities, its current condition, and estimated age. The Consulting Team will provide qualitative evaluation of amenities per park report (e.g., equal balance of amenities in each park) and develop a set of prioritized recommendations for improvements needed within existing parks.

To begin, a park tour will be
performed with City staff to assess
and confirm the inventory and
existing conditions. We will also
review and ensure alignment with
other City of San Bernardino plans
to ensure synergies and
interconnectivity between the
various planning documents. The
Consulting Team will provide a
graphic and written site assessment
of existing parks, open space, and
trails in the City.

An aerial photo of each site will be
obtained from Google Maps and a list of the existing park and amenities will be listed. All park amenities will be documented in GIS for use by city staff in future planning.

1. Locations - Update City Plan

2. Size and boundary

3. Use - Neighborhood or Regional

4. History - Provided by City (history and past renovations)

5. Current condition

6. Facilities - Inventory of all park and recreational facilities (playgrounds, playfields, ball courts, pools, gyms, restrooms, parking capacity).

7. Compliance with ADA requirements

8. Constraints - Identify the constraint that minimizes the parks’/facilities’ ability to be maximized.

9. Opportunities - Identify opportunities to expand or enhance recreational opportunities.

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Proposal
Parks Masterplan
29 10. Operations and Maintenance –
Review with the City and
contracted maintenance staff
overall maintenance practices, as
well as provide
recommendations for
required/enhanced maintenance
requirements, including a review
of trash collection at the parks.

11. Potential revenue sources -
Identify areas of potential
revenue from parks and
recreation facilities, including any
City easements.

12. School Facilities - Review of school playfield facilities and potential uses.

13. Evaluate opportunities to increase sustainability practices such as reducing turf, energy, and water consumption, etc.

6.1.8 ASSESS EXISTING PROGRAMS AND EVENTS
Recreation programs and
events are the key tools to
bringing the community
together, activating
facilities and determining
future spaces, be it parks or
recreation facilities /
complexes.

As the Department seeks
to serve the San
Bernardino community in
the best way possible, this
assessment reviews how
well the offerings are
aligned with community
values, user demographics,
program trends,
underserved needs and envisions what future service delivery would look like.

Using staff input, existing data, and nationwide program trends, this process will provide strategies and recommendations for program offerings that are innovative and inclusive.

The eventual goal of this process is to help identify the unmet programmatic needs of the diverse community that the Department serves and the gaps in services currently offered that may be best fulfilled by other service providers.

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30 6.1.9 ASSESS ORGANIZATIONAL CULTURE
The Consulting Team will evaluate the staff culture to determine organizational readiness and willingness to move forward on key recommendations that could come from the Plan.

The Consultant Team will organize and develop a staff and workforce engagement survey modeled after the Malcolm Baldridge Quality Assessment Survey titled “Are We Making Progress?” which rates the perceptions of individuals regarding leading issues in the workplace.

This survey
assessment will be
developed based on
the survey instrument
of the Baldridge
National Quality
Program, a program
of the National
Institute of Standards
and Technology,
which is a component
of the U.S.

Department of
Commerce. The
questions of the
survey are designed to assess the nature and degree of engagement in performing the functions and meeting the vision of the organization.

PHASE 2: ENVISION (WHAT’S NEXT)

6.1.10 CONDUCT PUBLIC OUTREACH
The community’s input and their values shape our approach towards envisioning the future. We believe that the individuals impacted by the plan need to help shape what the plan includes. To that end, we will ensure the most robust public outreach approach shaped by the Public Engagement / Advocacy Outreach plan developed in the initial phase of the plan.

Specific tasks include but are not limited to:

A. Key Leadership/Focus Group/Stakeholder Interviews – The Consulting Team will engage stakeholders, key leaders and staff interviews and discussions through a combination of individual / small group discussions in person and online. We propose to conduct at least 24 interviews over a 2-day period to help identify priorities, unmet needs, and their vision for the future. The list of potential interviewees will be determined based on discussion with City staff and should include, but is not limited to:

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Proposal
Parks Masterplan
31  City Elected Officials
 City Staff
 Commissions
 Diverse Community Groups
 Key Business Leaders
 Key Partners
 Local school officials
 Faith based groups
 Users and non-users of the system
 Senior Groups
 Veterans
 Youth Groups
 Youth Sports organizations

B. Multi-lingual Outreach – Our team includes native speakers of multiple languages including Spanish, Hindi, Greek, American Sign Language etc. and will work with other local experts to ensure a truly inclusive environment where language access is not a barrier to participation.

We will conduct dedicated focus groups in Spanish and American Sign Language for the Hispanic / Latino community members and the Deaf / Hard of Hearing Community. In addition, we will partner with the Native American Resource Center or other groups to engage and seek input from the Indigenous community. This is not an exhaustive list, and we will conduct additional outreach based on conversations with City staff.

C. Public Workshops – These
meetings are open to all and
will be held in spaces to
maximize community
participation. These meetings
will seek community feedback
on parks, trails, programs,
events, and other needs in
multiple ways and provide
education on the Master Plan
process and its importance to
the community.

We propose to conduct at least eight (8) public workshops:

Seek Input:
 Two (2) initial in-person workshops – with Spanish Language Interpreters  Two (2) virtual workshops – with Spanish Language Interpretation / Closed Captioning to share the Master Plan’s story and obtain initial feedback and ideas for the future.

Share Findings and Draft Recommendations:
 Two (2) in-person workshops – with Spanish Language Interpreters  Two (2) virtual workshops – with Spanish Language Interpretation / Closed Captioning DocuSign Envelope ID: F27C92BE-5283-4F60-B319-506CB022FDF0

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32 Each workshop will have options for live polling through the meeting platform or our digital tools to share input and see results in real time.

D. Youth / Teen Engagement – The Consulting Team will specifically engage youth through an online survey or meeting with Youth / Teen Advisory groups. These surveys and meetings will ensure the future generations in San Bernardino are involved in shaping their future.

E. Special Event / Cultural Event Outreach – We will partner with City staff to identify the key special events/ cultural events such as the recently held Festival – Where Our Cultures Collide to share plan info and obtain feedback. This can be done through intercept surveys at the event or a specific booth. If possible, we could also do a pop-up outreach event at a school / park.

F. Bi-Lingual Electronic Survey – The Consulting Team will also create a bilingual online survey administered in English and Spanish through www.surveymonkey.com. This survey will be promoted through the Project website and the City’s website and promotional mediums to maximize outreach and response rates. These surveys would provide complementary insights to the input obtained from the other public engagement sources and help compare findings from the Statistically valid survey.

G. Multi-lingual Statistically-Valid Survey –
The Consulting Team will work with ETC
Institute to perform a random, scientifically
valid community-wide household survey to
quantify knowledge, need, unmet need,
priorities and support for system
improvements that include facility,
programming, and the park needs of the
City. The survey will be administered by a
combination of a mail/phone, will have
options for respondents to answer in
multiple languages besides English (as
determined by the City staff) and will have a
minimum sample size of 500 completed surveys at a 95% level of confidence and a confidence interval of +/- 4.9%.

It will be developed in collaboration with the City staff and is anticipated that 3-4 drafts of the survey will be prepared before the final draft.

ETC Institute will ensure that the survey results will be statistically represent San Bernardino residents and that the results are statistically significant based on the City’s population.

The mailed survey will include a cover letter (on City letterhead) that explains the importance of the survey, encourages participation, and includes an online link to complete the survey. All mailed surveys, including the cover letter, will be printed by ETC Institute. All attempts to contact respondents will be tracked to accurately calculate the number and rates for refusals, ineligible contact information, eligible contact information, and completed interviews.

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Proposal
Parks Masterplan
33 H. Multilingual ADA Accessible
Digital Platform – The
Consulting Team will develop
a customized multilingual,
ADA Accessible digital
platform that includes a
project website, live
streaming of meetings, social
media engagement and
location-based feedback.

This will also share all project
updates and milestones to ensure a transparent and collaborative process to engage the entire community, especially ones that may not participate in meetings. Examples can be viewed at www.BetterParksBetterBroward.com or www.carlsbadparksplan.com.

This multi-lingual website is key to reaching out to a younger millennial and Gen Z audience that may not traditionally show up at public meetings or respond to surveys.

I. HAPPiFEETtm Community Input App
HAPPiFEET is our proprietary GPS location-
based feedback app for the community to
participate in the Master Planning process. As
technology evolves and more millennials use
apps and mobile devices to engage, this San
Bernardino branded App will allow users to
share feedback from any park, trail, event in
the City.

Instant Notification: Predetermined staff (by
location) will get instant email notifications of
any user feedback to address the issue and this
feedback would be helpful with determining
site-specific needs that can be woven into the
plan’s recommendations and CIP as well.

Ad-Supported Functionality: The functionality will also include a provision to incorporate banner ads to highlight upcoming meetings / special events and other opportunities for the community to share input in the planning process.

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34 Data Dashboards: The information obtained from the app will be accessible to staff through a personalized web portal (www.keephappifeet.com). It will provide the ability to sort and view by specific location thus allowing the city and City leadership to address specific issues or concerns in the planning process.

6.1.11 ASSESS NEEDS AND LEVELS OF SERVICE
The in-depth assessment and input collection during the Phase 1 – Discovery phase will help determine true community priorities and demand / unmet needs. Using information from the community input and the statistically valid survey, the Consulting team will determine the existing Levels of Service for
 Access – Assesses an overall 10 min walk access to a park and travel distances to parks and individual facilities such as playgrounds, athletic fields, recreation centers, etc.  Acreage – Measures acreage in a ratio to the community’s population (acres per 1,000).  Amenities – Measures facility capacity in a ratio to the community’s population and comparing against a standard or guideline.

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Proposal
Parks Masterplan
35  Quality – Measures the
quality of facilities and
amenities across the
community.

Based on community input, trends,
NRPA and CPRS guidelines, staff input
and our professional experience, we
will develop a recommended Levels of
Service standards that will influence
strategies for parkland acquisition,
park and trail development and
enhancement and recreation facilities
and programming.

6.1.12 DEVELOP EQUITY

MAPPING AND GAP

ANALYSIS
The Consulting Team will utilize
geographic information systems to
develop maps that show the service
area covered by each park type or
amenity types.

This presents an objective tool to
determine equity of access and determine true gaps and overlaps.

This will help the City staff take appropriate steps to build, acquire, expand, or divest offerings and ultimately maximize access to parks, trails, recreation amenities and facilities in an equitable manner.

6.1.13 CREATE MISSION, VISION, VALUES, GOALS, & OBJECTIVES The Consulting Team will conduct a Visioning Workshop with staff and participants to co-create the core values and vision for the future. This will include  Review top priorities needs
 View levels of service and equity of access
 Compare benchmark findings
 Determine Core Values and Guiding Principles
 Establish / update Department’s Vision and Mission
 Share vision and strategies for
o Culture and historic preservation
o Equity and Inclusion
o Environmental Stewardship and Fire Safety
o Financial Sustainability
o Parks and Trails
o Programs and Events
o Marketing and Storytelling
DocuSign Envelope ID: F27C92BE-5283-4F60-B319-506CB022FDF0

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36 The outcome of this process will be a vision, key goals and strategies for the Department to plan for implementation. The Consulting team will facilitate the process with support from City staff to ensure maximum buy-in and co-creation of the vision.

PHASE 3: DEVELOP (FUTURE ROADMAP)

6.1.14 DEVELOP PRIORITIES
We will utilize priority
investment ratings from the
community survey to provide
priority recommendations and
phasing for additions,
renovation, redevelopments,
replacements, decommissioning,
maintenance, and
improvements of existing and
proposed parks, playgrounds,
shelters, sport courts, parking
lots, etc. based on research and
needs.

A list of all implementation
projects including proposed
improvements and renovations
will be provided along with identifying amenities that should and should not be replaced.

Information from this assessment will be used to develop the Levels of Service standards and influence the Capital Improvement Plan for the master plan.

6.1.15 BUILD ASSET MANAGEMENT PLAN AND TIMELINE
The Consulting Team will work with staff to define parameters and elements to be included with the asset mapping and management in collaboration with the City staff. The parameters will include list of typical assets and their useful lifecycle, sample spreadsheet to include the detailed inventory and assessment of amenities conducted (including fields, buildings, pavilions, benches, lights, playground equipment, drinking fountains, bike racks, etc.) and schedules and guidelines to help staff preserve and protect existing and future assets.

6.1.16 DEVELOP PLAN FOR ACQUISITION / DISPOSAL
Our analysis will include a Trust for Public Land-focused analysis of existing and future park land and make recommendations for parkland allocation to help achieve the maximum 10-minute walk to a park guideline.

Our Property Acquisition Report and Action Plan will include phasing for all proposed improvements and address recommendations for type, size and general location of future park/land acquisition and disposal of surplus property with suggestions for the use of proceeds.

DocuSign Envelope ID: F27C92BE-5283-4F60-B319-506CB022FDF0

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Proposal
Parks Masterplan
37 6.1.17 PREPARE CIP AND BUDGET ESTIMATES
We will prepare a detailed Capital Improvement Plan (CIP) that will identify all proposed improvement recommendations with associated costs.

The CIP will be a multi-page Excel document that will address improvement costs, funding needs, funding sources, priorities, and phasing.

6.1.18 TRAIN STAFF ON INCLUSIVE IMPLEMENTATION
To ensure successful implementation, we will provide staff training over a half day workshop Topics covered could include: “Words Matter”, disability etiquette/suggested interactions, implementing inclusive strategies, working with families and community members, communication practices, and understanding hidden disabilities.

The goal will be to help staff understand the need to move from “inclusion programs to inclusive organization” thus decreasing the default toward specialized (segregated) offerings. Creation of “Sensory Kits” and “Inclusion Binders” to assist front line staff by providing them with tools to help members with disabilities or experiencing behavioral challenges to be more successful in their group settings.

6.1.19 DEVELOP DRAFT MASTER PLAN
Upon completion and review of the implementation priorities, funding and timelines, the Consulting Team will compile all information into a draft Master Plan document for the staff’s review. Based on staff feedback, the Consulting Team will update the draft plan and then submit for City-wide review and presentations.

6.1.20 PRESENT DRAFT MASTER PLAN
The Consulting Team will present the draft Master Plan to the following and others, as determined by staff to ensure buy-in for the Plan’s vision and recommendations, and final acceptance by the City Council. a) Community
b) Staff
c) Project Steering committee
d) Park and Recreation Advisory Board
Benicia PTOSMP Capital Improvement PlanOctober 15, 2022Action Plan10:50 AMPARKSAcres Acres Acres AcresNew ParksAcres9SP 9th Street Park 6 DGP Duncan Graham Park 1.41 LHRP Lake Herman Regional Park 577 STPS St. Paul's Square 0.14 BVW Benicia Views II ?ARP Arneson Park (14th Street) 0.1 ESP Ethelree Saraiva Park 0.5 MRFP Maria & Ribiero Fields 4 TBP Turnbull Park 0.2 BTHP Bottle Hill Park (East I - 6th & 7th) ?BCP Benicia Community Park 50 FZP Fitzgerald Field 4 MTP Matthew Turner Park (12th St) 2.5 WFP Waterfront Park CTWR Clocktower Park ?BRP Bridgeview Park 4.59 FTP Francesca Terrace Park 5 OLP Overlook Park 2.7 WEP Water's End Park 2.58 HSRP Hastings Road Park 10CCP Channing Circle Park 2.5 FSP Frank Skillman Park 2.66 SLP Solano Park 1 SAP Steve Armenta Park 1.65 PWNP Perth Way Neighborhood Park 8CTP City Park 3.5 GTP Gateway Park 0.36 SOHP Southampton Park 6 BDPA Bordoni Public Access 0.78CVP Civic Center Park 3.5 JLP Jack London Park 7.7 STCW St. Catherine's Wood 1.32STREET END PARKSSE14 14th Street SE8 8th Street SEF F StreetSE13 13th Street SE6 6th Street (Raymond Bordoni) SEE E StreetSE11 11th Street SEH H Street SEC C StreetPHASERATIONALSPhase 1 Years 1-5General Fund GF PIR Priority Investment RatingPhase 2 Years 6-10Parks, Landscape, & Lighting Assessment District PLLAD MR Maintenance RepairPhase 3 Years 11-15Prop 68 Per Capita P68 PA Park AssessmentMP Master PlanMiscellaneous Grants GRANT WS Water SavingsTBD TBDMeasure C +GF MECPhase Quantity Site Location Category Estimate/Cost FundingRational - PIRRational - MRRational - PARational - WSP1 2 ea 9th Street Park 9SP Renovation 10,000$ TBD PAP1 4 ea 9th Street Park 9SP Renovation 6,000$ TBDP1 1 ea 9th Street Park 9SP Renovation 10,000$ TBDP1 3 ea 9th Street Park 9SP New 9,000$ TBD PIR PAP1 18,000 sf 9th Street Park 9SP Renovation 270,000$ TBD PIR PA WSP1 2,400 lf 9th Street Park 9SP Renovation 14,400$ TBD PAP2 97,000 sf 9th Street Park 9SP Renovation 485,000$ TBD PA WSP2 1 ls 9th Street Park 9SP Renovation 250,000$ TBD PAP2 1 ea 9th Street Park 9SP Renovation 25,000$ TBDP3 1 ls 9th Street Park 9SP New1,700,000$ TBD PIR PAP3 11 ea 9th Street Park 9SP Renovation 16,500$ TBD PAP3 1 ls 9th Street Park 9SP Renovation 1,500,000$ TBDMP 1 ls 9th Street Park 9SP New 100,000$ TBDP1 1 ea Arneson Park ARP Renovation 5,000$ TBD PAP1 1 ea Arneson Park ARP Renovation 1,500$ TBDP2 100 lf Arneson Park ARP Renovation 1,100$ TBD PAStatusFUNDING SOURCESComments2018 assessment2021 assessment2021 assessment2018 assessment2018 assessment2018 assessment2021 assessment2018 assessment2018 assessment2018 assessmentProject DescriptionReplace picnic tablesConcrete Trash ReceptaclesDrinking fountainWayfinding signageRemove turf/install low water use plantsReplace all asphalt walkwaysReplace irrigationReplace parking Add to ET SystemWaterfront accessReplace benches Replace pier and dockParks Master PlanReplace picnic tablesConcrete Trash ReceptacleReplace pathway DocuSign Envelope ID: F27C92BE-5283-4F60-B319-506CB022FDF0

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38 e) City Manager and City Council
It is envisioned that these presentations will be completed in a hybrid in-person, and virtual format.

6.1.21 DEVELOP AND PRESENT FINAL MASTER PLAN
The Consulting Team will develop and present the final Master Plan based on feedback from the various groups and present to the City Council for final approval. The Consulting team will also develop a separate executive summary of the Master Plan report and all documents will be made available in digital format through the project website as well as shared with the staff in pdf copies and print, as required.

DocuSign Envelope ID: F27C92BE-5283-4F60-B319-506CB022FDF0

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Proposal
Parks Masterplan
39 CHAPTER SEVEN TIMELINE

DocuSign Envelope ID: F27C92BE-5283-4F60-B319-506CB022FDF0

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HOURS FEES
Phase 1
D A. On-Going Project Management 160 $27,000
I B. Kick-off Meeting and Site Tour 152 $21,840
S C. Bi-Monthly Project Meetings 204 $38,520
C D. Data Collection 40 $8,000
O
V
E
R A. On-going Advisory Committee updates + presentations (4) 88 $14,880 A. Review Previous / Ongoing Reports and Planning Documents 40 $6,320 B. Review Existing Policies, Procedures and Internal Data 16 $3,200 A. Public Engagement/Advocacy Strategy 84 $12,040
B. Project Storytelling 48 $7,800
C. Develop Stakeholder List 20 $2,500
A. Demographics Projections 56 $10,400
B. Recreation Participation Trends 40 $7,800
C. Local Market Potential 56 $8,600
D. Tree Equity Analysis 24 $3,300
A. Onsite evaluation of programming spaces 128 $20,800
B. User journey evaluation 60 $10,800
C. Website and marketing collateral audits 32 $6,200
D. Policy and procedure reviews 32 $5,000
E. Staff - barrier identification focus groups 24 $4,000 A. Inventory all park assets and amenities 89 $9,770
B. Assess all parks, amenities and open spaces 118 $13,240 C. Inventory and assess aquatics spaces 158 $18,190
D. Inventory and assess recreation facilities and structures 328 $38,040 E. Inventory and assessment report 53 $8,870
F. Operations and Maintenance Review 112 $18,600
A. Program Assessment Review 104 $19,600
B. Recreation Program and Events Plan 148 $26,800
A. Develop and administer Org. Culture Survey 84 $12,300 B. Org. Culture Assessment discovery meetings 40 $7,800 C. Findings Presentation 32 $6,400
D. Develop org. culture report and recommendations 120 $22,000 Phase 2
E A. Key Leadership/Focus Group/Stakeholder Interviews 116 $20,580 N B. Multi-lingual Outreach 152 $25,700
V C. Public Workshops 148 $24,440
I D. Youth / Teen Engagement 48 $9,600
S E. Special Event / Cultural Event Outreach 92 $15,840 I F. Bi-Lingual Electronic Survey 72 $13,200
O G. Multi-lingual Statistically-Valid Survey 202 $27,400 N H. Multilingual ADA Accessible Digital Platform 224 $25,400 I. HAPPiFEET Community Input App 220 $24,500
A. Develop current Levels of Service 124 $23,500
B. Determine future Levels of Service recommendations 90 $17,800 A. Develop Equity Maps for all parks, amenities, facility types 40 $9,000 B. Develop drive time maps for 10 min walk access 40 $9,000 C. Conduct Gap Analysis 76 $15,300
A. Plan and conduct Visioning Workshop 124 $21,640
B. Finalize guiding principles, core values and vision / mission 56 $8,800 C. Develop Visioning framework, goals and strategies 168 $28,800 Phase 3
D A. Develop Priority Investment Rankings for Parks and Amenities 68 $13,100 E B. Develop Priority Investment Rankings for Programs and Events 68 $13,100 V C. Implementation Project Priorities and Timelines 72 $15,000 E
L
O
P A. Asset Mapping and Lifecycle Assessment 74 $11,560
B. Develop Asset Manaagement Plan and Timeline 32 $6,400 A. Develop Property Acquisition / Disposal Plan 86 $13,420 A. Develop detailed CIP and Budget Estimates 110 $17,910 A. Inclusive Implementation Workshop 97 $16,900
B. Creating Inclusion Binders and shared language around implementation 71 $10,000 A. Develop Draft Master Plan 264 $40,800
B. Incorporate Staff Review and Feedback 88 $12,100
C. Provide updated Draft of the Master Plan 32 $6,400
A. Community wide presentations 56 $11,040
B. Steering Committee and Advisory Board Presentations 48 $9,440 C. Council Presentations 48 $9,440
A. Present Final Master Plan 134 $24,480
B. Develop and deliver Final Master Plan document 136 $25,200 TOTAL HOURS 6166
TOTAL FEES (including expenses) $997,400
City of San Bernardino MP
TASK 1 - FACILITATE THE MASTER PLAN PROCESS
TASK 2 - COLLABORATE WITH ADVISORY COMMITTEE
TASK 3 - REVIEW EXISTING DOCUMENTATION
TASK 15 - BUILD ASSET MANAGEMENT PLAN AND TIMELINE
TASK 16 - DEVELOP PLAN FOR ACQUISITION / DISPOSAL
TASK 5 - DEVELOP COMMUNITY DEMOGRAPHICS AND TRENDS
TASK 6 - CONDUCT INCLUSION AUDIT
TASK 7 - INVENTORY AND ASSESS EXISTING PARKS AND FACILITIES TASK 8 - ASSESS EXISTING PROGRAMS AND EVENTS
TASK 9 - ASSESS ORGANIZATIONAL CULTURE
TASK 10 - CONDUCT PUBLIC OUTREACH
TASK 11 - ASSESS NEEDS AND LEVELS OF SERVICE
TASK 12 - DEVELOP EQUITY MAPPING AND GAP ANALYSIS
TASK 13 - CREATE MISSION, VISION, VALUES, GOALS, & OBJECTIVES TASK 14 - DEVELOP PRIORITIES
TASK 4 - DEVELOP COMMUNITY OUTREACH / EDUCATION STRATEGY TASK 17 - PREPARE CIP AND BUDGET ESTIMATES
TASK 18 - TRAIN STAFF ON INCLUSIVE IMPLEMENTATION
TASK 19 - DEVELOP DRAFT MASTER PLAN
TASK 20 - PRESENT DRAFT MASTER PLAN
TASK 21 - DEVELOP AND PRESENT FINAL MASTER PLAN
DocuSign Envelope ID: F27C92BE-5283-4F60-B319-506CB022FDF0

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: January 21, 2026
To: Honorable Mayor and City Council Members
From: Lynn Merrill, Director of Public Works
Department: Public Works
Subject: Approval of Amendment No. 1 to the Maintenance Services Agreement with Cal Stripe, Inc. to Correct the Not-to-Exceed Amount and Clarify the Total Contract
Value for All Option Years (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 Cal Stripe, Inc. to increase the not-to-exceed amount from $420,000.00 to $2,100,000.00, clarifying that the total contract value reflects the cumulative amount for the full five-year term, which includes the initial term and all four option years, as authorized under the Original Agreement; and

2. Authorize the City Manager to execute all related documents necessary to effectuate this amendment.

City Manager's Comments
No comments
Executive Summary
Public Works is seeking approval of an administrative correction to the existing Maintenance Services Agreement with Cal Stripe, Inc. for street striping and pavement marking services. The contract was originally approved on February 21, 2024, with a not-to-exceed (NTE) amount of $420,000.00 for the initial annual term through June 30, 2025, with four one-year option renewals available under the agreement.

The requested amendment does not increase the annual cost of services and does not require additional funding per year. This action simply corrects the contract’s cumulative NTE to reflect the full five-year term. All services under this agreement are

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fully funded through the adopted CIP project, Signing & Striping which includes an annual allocation for striping services.

Background
The City of San Bernardino maintains an extensive roadway network that includes approximately 569 miles of roadway segments, more than 1,300 lane miles, over 1,200 crosswalks, and numerous parking lots and public facilities. These locations require ongoing pavement striping and marking to ensure visibility, guide vehicle and pedestrian movements, support traffic safety, and meet state and federal standards for roadway operations. Regular maintenance of pavement markings is essential, as traffic volumes, weather conditions, and wear over time cause striping to fade and lose reflectivity.

On February 21, 2024, the City Council approved a Maintenance Services Agreement with Cal Stripe, Inc., which provides the City with the professional services, equipment, and materials necessary to perform thermoplastic striping, painted markings, curb painting, pavement legend installation, and related traffic control markings throughout the City. These services are critical for maintaining safe transportation conditions, reducing collision risks, enhancing mobility, and responding promptly to maintenance needs across the City’s large roadway system.

Discussion
The Maintenance Services Agreement with Cal Stripe, Inc., for the provision of street striping and pavement marking services authorized a purchase order in the amount of $420,000.00 for the initial contract period. The agreement includes four one-year option years, allowing for continued service at the City’s discretion. Under the terms of the agreement, the not-to-exceed amount should have represented the maximum amount to be paid over the course of the entire contract, including all option years.

However, the amount listed in the executed agreement reflected the annual allocation only. As a result, a correction is necessary to increase the not-to-exceed value to $2,100,000.00, based on the annual allocation of $420,000.00 multiplied by the five- year maximum contract duration.

The Amendment No 1 requested is administrative and does not modify the scope of work, the term of the agreement, or the annual not-to-exceed funding level. The amendment simply clarifies the total contract value and ensures that the cumulative not-to-exceed amount accurately reflects the full five-year term authorized by the original agreement. No additional budget appropriation is required, as striping work performed under this agreement is funded through the Signing and Striping Capital Improvement Project, which includes recurring annual allocations designated for these services. Approval of this amendment also allows the City to exercise the option years without the need for further administrative correction. 2021-2025 Strategic Targets and Goals

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The project supports Strategic Target 3c, Improve Quality of Life, which emphasizes enhancing the quality of public safety services. Clear and well-maintained pavement markings improve traffic operations, enhance pedestrian safety, and support a safer transportation network.

Fiscal Impact
There is no fiscal impact associated with this amendment because annual allocation remains the same. The annual allocation was previously approved by the City Council. Funding for all services performed under the Maintenance Services Agreement is included in the Signing and Striping Capital Improvement Project for fiscal year 2025–26, and funding will continue to be programmed annually for future years as required. No additional General Fund or Gas Tax funds are required for this amendment.

Conclusion
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 Cal Stripe, Inc. to increase the not-to-exceed amount from $420,000.00 to $2,100,000.00, clarifying that the total contract value reflects the cumulative amount for the full five-year term, including the initial term and all four option years, as authorized under the Original Agreement; and

2. Authorize the City Manager to execute all related documents necessary to effectuate this amendment.

Attachments
Attachment 1 Amendment No. 1 to Cal Stripe Inc. Maintenance Services Agreement
Attachment 2 Original Maintenance Services Agreement
Ward:

All Wards
Synopsis of Previous Council Actions:

On February 21, 2024, the Mayor and City Council approving an agreement with Cal Stripe, Inc.

CC: Eric Levitt, City Manager

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-1-

AMENDMENT NO. 1 TO

MAINTENANCE SERVICES AGREEMENT
WITH CAL STRIPE, INC.

This Amendment No. 1 to the Maintenance Services Agreement is made and entered into as of January 21, 2026 (“Effective Date”) by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and Cal Stripe, 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 February 21, 2024, for the purpose of providing Street Striping and Pavement Marking Services (the “Original Agreement”).

B. WHEREAS, the Parties now desire to amend the Original Agreement in order to increase the not-to-exceed amount from Four Hundred Twenty Thousand Dollars ($420,000.00) to Two Million One Hundred Thousand Dollars ($ 2,100,000.00) and to clarify that the total contract value reflects the cumulative amount for the full five- year term, including the initial term and all option years, in accordance with the compensation provisions of the Original Agreement.

AGREEMENT

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

2. Compensation. The compensation for services performed pursuant to this Amendment No. 1 shall not exceed One Million Six Hundred Eighty Thousand Dollars ($1,680,000.00), thereby increasing the total not-to-exceed compensation of the Original Agreement from Four Hundred and Twenty Thousand Dollars ($ 420,000.00) to Two Million One Hundred Thousand Dollars ($2,100,000.00). Work shall continue to be performed at the rates set forth in the Original Agreement.

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Amendment No. 1 for all purposes. This Amendment No. 1 may be signed using an electronic signature.

5. Counterparts. This Amendment No. 1 may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]

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-3-

SIGNATURE PAGE FOR
AMENDMENT NO. 1 TO THE MAINTENANCE SERVICES AGREEMENT
WITH CAL STRIPE 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
CAL STRIPE INC.

President

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CITY OF SAN BERNARDINO

MAINTENANCE SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this 21st day of February, 2024 by and between the City of San Bernardino, a municipal corporation organized under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401, County of San Bernardino, State of California (“City”) and CAL STRIPE, INC., a CALIFORNIA CORPORATION, with its principal place of business at 2040 E. Steel Road , Colton, CA 92324 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

2. RECITALS.

2.1 Contractor.

Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement.

Contractor represents that it is experienced in providing street striping and pavement marking services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

2.2 Project.

City desires to engage Contractor to render such services for the street striping and pavement marking services project (“Project”) as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional street striping and pavement marking services necessary for the Proje ct (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from February 21, 2024 to June 30, 2025 with four additional option years, unless earlier terminated as provided herein.

Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

DocuSign Envelope ID: 18BA9EAF-D126-4F48-A3F2-AB27E6C71E6F

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3.2 Responsibilities of Contractor.

3.2.1 Control and Payment of Subordinates; Independent Contractor . The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, metho ds and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee.

Contractor retains the right to perform similar or different services for others d uring the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Contractor s hall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers ’ compensation insurance.

3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference. Contractor represents that it has the professional and technical personnel required to perform the Servi ces in conformance with such conditions. In order to facilitate Contractor’s conformance with the Schedule, City shall respond to Contractor ’s submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.3 Conformance to Applicable Requirements . All work prepared by Contractor shall be subject to the approval of City.

3.2.4 City’s Representative. The City hereby designates Azzam Jabsheh PE, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.2.5 Contractor’s Representative. Contractor hereby designates Adam Lippa, or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor ’s Representative shall supervise and direct the Services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times.

3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, DocuSign Envelope ID: 18BA9EAF-D126-4F48-A3F2-AB27E6C71E6F

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Contractor represents that it, its employees and subcontractors have al l licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As p rovided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.8 Period of Performance. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above ( “Performance Time”).

Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.

3.2.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do, or respecting the size of any payment to Contractor during the performance of this Contract, Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City’s decision, Contractor shall have such remedies as may be provided by law.

3.2.10 Laws and Regulations; Employee/Labor Certifications . Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of C alifornia subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours’ labor shall constitute a legal day’s work and that no worker shall be permitted to work in excess of eight (8) hours during any one calendar day except as permitted by law. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.10.1 Employment Eligibility; Contractor . By executing this Agreement, 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 A ct of 1986, as may be amended from time to time. Such DocuSign Envelope ID: 18BA9EAF-D126-4F48-A3F2-AB27E6C71E6F

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requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor.

Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement and shall not violate any such law at any time during the term of the Agreement. Contractor shall a void any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Contractor shall maintain records of each such verification and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Contractor’s compliance with the requirements provided for in Section 3.2.10 or any of its sub- sections.

3.2.10.2 Employment Eligibility; Subcontractors, Sub-subcontractors and Consultants. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and consultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1.

3.2.10.3 Employment Eligibility: Failure to Comply . Each person executing this Agreement on behalf of Contractor verifies that they are a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Contractor or its subcontractors, su b-subcontractors or consultants to meet any of the requirements provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Con tractor under Section 3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.

3.2.10.4 Labor Certification . By its signature hereunder, Contractor certifies that it is aware of the provision s of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code and agrees to comply with such provisions before commencing the performance of the Services.

3.2.10.5 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer, and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non -discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

3.2.10.6 Air Quality. 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 California Air Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and requirements’ application to “portable equipment”, which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for DocuSign Envelope ID: 18BA9EAF-D126-4F48-A3F2-AB27E6C71E6F

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violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.

3.2.10.7 Water Quality.
(A) Management and Compliance . To the extent applicable, Contractor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000 -14950); laws, rules and regulations of the Environmental Protection Agency and the State Water Resources Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.
(B) Liability for Non -Compliance. Failure to comply with the laws, regulations and policies describe d in this Section is a violation of law that may subject Contractor or City to penalties, fines, or additional regulatory requirements. Contractor shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Contractor’s non-compliance with the laws, regulations and policies described in this Section, unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (C) Training. In addition to any other standard of care requirements set forth in this Agreement, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this Agreement. Upon request, City will provide Contractor with a list of training programs that meet the requirements of this paragraph.

3.2.11 Insurance.

3.2.11.1 Time for Compliance . Contr actor shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, 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 Section.

3.2.11.2 Minimum Requirements . Contractor shall, at its expense, procure and maintain for the duration of the Agreement i nsurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Contractor, its agents, representatives, employees, or subcontractors.

Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:

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(A) Minimum Scope of Insurance . Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability :

Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer ’s Liability Insurance; (4) Privacy/Network Security (Cyber), in a fo rm and with insurance companies acceptable to City; and the policy shall not contain any exclusion contrary to the Agreement, 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 29); or (2) cross liability for claims or suits by one insured against another. (B) Minimum Limits of Insurance . Contractor shall maintain limits no less than: (1) General Liability $2,000,000 MINIMUM; and $4,000,000 aggregate per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability $1,000,000 MINIMUM; per accident for bodily injury and property damage; (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 MINIMUM per accident for bodily injury or disease; (4) Cyber Liability: $1,000,000 PER OCCURRENCE/AGGREGATE for privacy breaches, system breaches, denial/loss of service, and introduction, implantation or spread of malicious software code; Defense costs shall be paid in addition to the limits. (C) Notices; Cancellation or Reduction of Coverage . At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insura nce required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Agreement. (D) Additional Insured . The City of San Bernardino , its directors, officials, officers, employees, agents, and volunteers shall be named as additional insureds on Contractor ’s and its subcontractors ’ policies of commercial general liability and automobile liability insurance using the endorsements and for ms specified herein or exact equivalents.

3.2.11.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of San Bernardino , its directors, of ficials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Services or ongoing and complete operations performed by or on behalf of the Contractor, DocuSign Envelope ID: 18BA9EAF-D126-4F48-A3F2-AB27E6C71E6F

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including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City, before the City’s own primary insurance or self -insurance shall be called upon to protect it as a named insured. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any 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 pursuant to this Section 3.2.11.3(A).
(B) Automobile Liability . The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, o fficials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the C ontractor is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contra ctor’s scheduled underlying coverage. Any insurance or self -insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way.

Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any 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 pursuant to this Section 3.2.11.3(B). (C) Workers’ Compensation and Employer’s Liability Coverage.

The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Contractor. (D) All Coverages . Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) 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 directors, officials, officers, employees, agents, and volunteers.

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, employees, agents and volunteers, or any other additional insureds.

3.2.11.4 Separation of Insureds; No Special Limitations ; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers.

All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Contractor or others providing insurance evidence in compliance with the se specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery DocuSign Envelope ID: 18BA9EAF-D126-4F48-A3F2-AB27E6C71E6F

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against City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subcontractors.

3.2.11.5 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Contractor shall procure a bond guaranteein g payment of losses and related investigation costs, claims and administrative and defense expenses.

3.2.11.6 Subcontractor Insurance Requirements . Contractor shall not allow any subcontractors to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If requested by Contractor, the City may approve different scopes or minimum limits of insurance for particular subcontractors. The Contractor and the City shall be named as additional insureds on all subcon tractors’ policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad.

3.2.11.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best ’s rating no less than A: VIII, licensed to do business in California, and satisfactory to the City.

3.2.11.8 Verification of Coverage . Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement 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 provided by the City i f requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

3.2.11.9 Reporting of Claims . Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Services under this Agreement.

3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedur es; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.2.13 Bonds.

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3.2.13.1 Performance Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not -to-exceed compensation ind icated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.2.13.2 Payment Bond . If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreeme nt, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.2.13.3 Bond Provisions . Should, in City ’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior wr itten notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replac ement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.

3.2.13.4 Surety Qualifications . Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best’s rating no less than A: VIII and satisfactory to the City. If a California -admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and p roof of such is provided to the City.

3.2.14 Accounting Records . Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.2.15 Work Site.

3.2.15.1 Inspection Of Site . Contractor shall visit sites where Services are to be performed and shall become acquainted with all conditions affecting the Services prior to commencing the Services. Contractor shall make such examinations as it deems necessary to DocuSign Envelope ID: 18BA9EAF-D126-4F48-A3F2-AB27E6C71E6F

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determine the condition of the work sites, its accessibility to materials, workmen and equipment, and to determine Con tractor’s ability to protect existing surface and subsurface improvements. No claim for allowances–time or money–will be allowed as to such matters after commencement of the Services.

3.2.15.2 Field Measurements . Contractor shall make field measurements, verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents, including any plans, specifications, or scope of work before commencing Services. Errors, inconsistencies or omissions discovered shall be reported to the City immediately and prior to performing any Services or altering the condition.

3.2.16 Loss and Damage. Contractor shall be responsible for all loss and damage which may arise out of the nature of the Services agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Services until the same is fully completed and accepted by City.

3.2.17 Warranty. Contractor warrants all Services under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or m aterials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Services or non-conformance of the Services to the Contract, commence and prosecute with due diligence all Services necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by its defective Services or which becomes damaged in the course of re pairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that a ny corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. 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. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right t o correct and replace any defective or non -conforming w ork 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 upon demand.

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3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed Four Hundred Twenty Thousand Dollars ($420,000) without the written approval of City’s City Engineer. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation . Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.

3.3.3 Deductions. City may deduct or withhold, as applicable, from each progress payment an amount necessary to protect City from loss because of: (1) stop payment notices as allowed by state law; (2) unsatisfactory prosecution of the Services by Contractor; (3) sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Agreement; and (4) any other sums which the City is entitled to recover from Contractor und er the terms of the Agreement or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City's right to such sums.

3.3.4 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.

3.3.5 Extra Work . At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Contractor shall not perform, nor be compensate d for, Extra Work without written authorization from City’s Representative.

3.3.6 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works ” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor DocuSign Envelope ID: 18BA9EAF-D126-4F48-A3F2-AB27E6C71E6F

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Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). 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.

3.3.7 Registration/DIR Compliance. If the Services are being performed as part of an applicable “public works” or “maintenance” project, and if the total compensation is $15,000 or more, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with al l applicable registration and labor compliance requirements.

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. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Services, 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 and shall not be compensable by the City. Contractor shall defend, indemnify and hold the C ity, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.

3.4 Termination of Agreement.

3.4.1 Grounds for Term ination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not term inate this Agreement except for cause.

3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.

3.4.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.5 General Provisions.

3.5.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

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Contractor:

Cal Stripe, Inc.
2040 E Steel Road
Colton, CA 92324
Contact: Adam Lippa
City:

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

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.2 Indemnification.

3.5.2.1 Scope of Indemnity . To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the p erformance of the Contractor’s S ervices, the Project or this Agreement, including without limitation the payment of all expert witness fees, attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense which is caused by the the sole or active negligence or willful misconduct of the City or the City’s agents, servants, or independent contractors who are directly responsible to the City.

3.5.2.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor’s own cost, expense and risk, any and all Claims covered by this indemnification section that may be brought or instituted against City or its officials, employees, agents and volunteers. In addition, Contractor s hall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any s ettlement paid by City or its officials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Contracto r shall reimburse City and its officials, employees, agents and volunteers, for any and all legal DocuSign Envelope ID: 18BA9EAF-D126-4F48-A3F2-AB27E6C71E6F

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expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and volunteers.

3.5.3 Governing Law; Government Code Claim Compliance . This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County, California. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, clai ms and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. 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 extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.

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

3.5.5 City’s Right to Employ Other Contractors . City reserves right to employ other contractors in connection with this Project.

3.5.6 Successors and Assigns . This Agreement shall be binding on the successors and assigns of the parties.

3.5.7 Assignment or Transfer. Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.5.8 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreeme nt, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its officials, officers, employees, agents, and volunteers except as otherwise sp ecified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.

3.5.9 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.5.10 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.

DocuSign Envelope ID: 18BA9EAF-D126-4F48-A3F2-AB27E6C71E6F

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3.5.11 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.7, there are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.5.12 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5.13 Prohibited Interests . Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City ’s Filing O fficer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.5.14 Cooperation; Further Acts . The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.5.15 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.5.16 Counterparts. This Agreement m ay be signed in counterparts, each of which shall constitute an original.

3.5.17 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.

3.5.18 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 si gnature for all purposes and shall have the same force and effect as an original signature.

3.5.19 Federal Provisions. When funding for the Services is provided, in whole or in part, by an agency of the federal government, Contractor shall also fully and adequately comply with the provisions included in Exhibit “D” (Federal Requirements) attached hereto and incorporated herein by reference (“Federal Requirements”). With respect to any conflict between such Federal Requirements and the terms of this Agreement and/ or the provisions of state law, the more stringent requirement shall control.

DocuSign Envelope ID: 18BA9EAF-D126-4F48-A3F2-AB27E6C71E6F

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[SIGNATURES ON FOLLOWING PAGE]
DocuSign Envelope ID: 18BA9EAF-D126-4F48-A3F2-AB27E6C71E6F

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SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND CAL STRIPE, INC.

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

CITY OF SAN BERNARDINO
APPROVED BY:

CHARLES A MONTOYA
City Manager

ATTESTED BY:

Genoveva Rocha, CMC
City Clerk

APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

CAL STRIPE, INC.
2040 E. Steel Road
Colton, CA 92324

By:

Its:

Printed
Name:

By:

Its:

Printed
Name:

____________________________________
Contractor’s License Number

____________________________________
DIR Registration Number

DocuSign Envelope ID: 18BA9EAF-D126-4F48-A3F2-AB27E6C71E6F Steve Fleener
General Manager

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EXHIBIT A

PRICE PROPOSAL FORM

VENDOR NAME: CAL STRIPE INC.

ADDRESS: 2040 E. STEET RD COLTON, CA 92324
PHONE: (909) 884-7170
The undersigned, hereby declare that they have carefully examined the location of the proposed work, familiarized themselves with the local conditions affecting the cost of the work, and have read and examined the terms and conditions for the following Project:

Street Striping and Pavement Marking Services

The undersigned, hereby propose to furnish all labor, materials, equipment, tools, transportation, and services, and to discharge all duties and obligations necessary and required to perform and complete the Project in strict accordance with the Vendor Pri ce Quote for the ELECTRONICALLY SUBMITTED TOTAL VENDOR QUOTE PRICE. Please submit the “Total” amount on Planetbids “Line Items” price form.

All quantities below are estimates for the purposes of bid comparison. Estimated quantities are no guarantee of actual usage.

Unit costs shall include all materials, supplies, labor, equipment and ancillary costs required to complete the work.

Provide prices on the following items using the most recent Caltrans Standard Plans for Pavement Markers and Traffic Lines Pages A20A through A20D and A24A through A24E, appendix A.

Ite
m
No.

Estimated
Amount
Description Cost per Linear
Ft Total
1 60,000 4” Broken Lines $0.10 $6,000.00
2 35,000 4” Solid Lines $0.12 $4,200.00
3 50,000 Two - 4” Solid Lines with 3” Black separation $0.25 $12,500.00 4 35,000 8” Solid Line $0.20 $7,000.00
5 60,000 Two way left turn lanes, two lines, One solid
one dashed with 3” Black Separation
$0.20 $12,000.00
6 15,000 6” Solid Line $0.20 $3,000.00
7 500 Broken 4” Lane lines and Centerlines through
intersection(Details 40 & 41)
$1.50 $750.00
DocuSign Envelope ID: 18BA9EAF-D126-4F48-A3F2-AB27E6C71E6F

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Ite
m
No.

Estimated
Amount
Description Cost per Linear
Ft Total
TOTAL VENDOR QUOTE $ $45,450.00

Painted Reflective Pavement Markings Including Stencils, Crosswalks, Limit Lines etc. :

Ite
m
No.

Estimated
Amount
Description Cost per Square
Ft Total
8 75,000 Pavement Markings $1.00 $75,000.00
TOTAL VENDOR QUOTE $ $75,000.00

Thermoplastic Reflective Centerlines and lane Lines:

Ite
m
No.

Estimated
Amount
Description Cost per Linear
Ft Total
9 150,000 4”Broken Lines (Yellow/White) $0.30 $45,000.00 10 75,000 4” Solid ( yellow or white) Lines $0.35 $26,250.00 11 75,000 Two - 4” Solid yellow Lines with 3” Black
separation
$0.80 $60,000.00
12 5,000 8” Solid Line $0.80 $4,000.00
13 150,000 Two way left turn lanes, two yellow lines, One solid & one dashed with 3” Black Separation
$0.70 $105,000.00
14 4,000 6” Solid Line (bike Lane) $0.70 $2,800.00
15 1,000 12” diagonals (yellow /White) $2.25 $2,250.00
16 2,000 Lane Drop at intersection (Detail 37B) $1.00 $2,000.00 17 2,000 Broken 4” Lane lines and Centerlines extension through intersection (Details 40 & 41)
$3.00 $6,000.00
TOTAL VENDOR QUOTE $ $253,300.00

DocuSign Envelope ID: 18BA9EAF-D126-4F48-A3F2-AB27E6C71E6F

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Curb Painting Red, White, Green, Yellow & Blue:

Ite
m
No.

Estimated
Amount Description Cost per Linear Ft Total
18 40,000 Painting of curbs $0.65 $26,000.00
TOTAL VENDOR QUOTE $ $26,000.00

Painting of Small Stencils:

Ite
m
No.

Estimated
Amount
Description Cost per Letter Total
19 400 Painting of 3"- 4” Non-reflective letters for top of curbs
$10.00 $4,000.00
TOTAL VENDOR QUOTE $ $4,000.00

Thermoplastic Pavement Markings Including Stencils, Regular crosswalks, Continental crosswalks , ladder crosswalks , Pavement Arrows, Limit Lines etc. :

Ite
m
No.

Estimated
Amount
Description Cost per
Square Ft Total
20 *200,000 Pavement Markings

$2.35 $470,000.00
TOTAL VENDOR QUOTE $ $470,000.00
*NOTE: Not all estimated amounts will be
utilized.

Removals (includes legal disposal of debris):

Ite
m
No.

Estimated
Amount
Description Cost per Square Ft Total
21 20,000 Wet Sandblasting

$0.70 $14,000.00
DocuSign Envelope ID: 18BA9EAF-D126-4F48-A3F2-AB27E6C71E6F

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Ite
m
No.

Estimated
Amount
Description Cost per Square Ft Total
22 5,000 Grinding $1.10 $5,500.00
TOTAL VENDOR QUOTE $ $19,500.00

Pre-lining (Cat-track):

Ite
m
No.

Estimated
Amount
Description Cost per Linear Ft Total
23 80,000
Pre-lining
$0.12 $9,600.00
TOTAL VENDOR QUOTE $ $9,600.00

Raised Pavement Markers:

Ite
m
No.

Estimated
Amount
Description Cost per Marker Total
24 20,000 Retroreflective raised Pavement Markers $1.60 $32,000.00 25 300 White Rumble Strips $46.00 $13,800.00
26 5000 Ceramic Pavement Markers $1.25 $6,250.00
TOTAL VENDOR QUOTE $ $52,050.00

Total Number of Additional Pages:

Submitted By: ____ Title: _________________
(Authorized Representative Signature)

Print Name:

Contractor’s License Number and Classification:

DIR REGISTRATION NUMBER (IF APPLICABLE): ____________________________ DocuSign Envelope ID: 18BA9EAF-D126-4F48-A3F2-AB27E6C71E6F

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It is recommended that the Mayor and City Council of the City of San Bernardino California, adopt Resolution No. 2026-003 authorizing the City Manager and/or designee to amend the City’s Master List of certain streets or portions thereof designated as Through Highways and authorizing the establishment of stop control at the following locations:
a. Pine Ave & Irvington Ave (Ward 5)
b.11th St & J St (Ward 1)
c.11th St & Wall Ave (Ward 1)
d.11th St & Perris St (Ward 1)
e.49th St & E St (Ward 4)
f. Mountain Ave & Marshall Blvd (Ward 4)
g. 28th St & Turill Ave (Ward 2)
h. Bobbet Dr & Olive St (Ward 1)
City Manager's Comments
No Comment
Executive Summary
The Public Works Department recommends the approval of the installation of stop signs at various locations to enhance safety and improve vehicular and pedestrian flow. The proposed stop signs align with the City’s broader commitment to improve safety and accessibility on the roadway segments in the City.

Background
Staff received a citizens request to evaluate the potential installation of stop signs at

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the following intersections:
a. Pine Ave & Irvington Ave (Ward 5)
b.11th St & J St (Ward 1)
c.11th St & Wall Ave (Ward 1)
d.11th St & Perris St (Ward 1)
e.49th St & E St (Ward 4)
f. Mountain Ave & Marshall Blvd (Ward 4)
g. 28th St & Turill Ave (Ward 2)
h. Bobbett Dr & Olive St (Ward 1)
The City has adopted the Guidelines published in the California Manual of Uniform Traffic Control Devices (CA MUTCD) on the use of stop signs that have been implemented by the City. The guidelines recommend the use of a stop sign facing the minor street of a 4-legged intersection and the terminating leg of a T-intersection, given certain conditions exist to better clarify and regulate right-of-way at an intersection.

Additionally, common factors and warrants considered for the installation of stop signs is as follows:
Traffic Volumes
Pedestrian Volume
Visibility
Accident History
Discussion
The Traffic Engineering Section of the Public Works Department has been focused on installing stop signs at uncontrolled intersections by implementing two-way and four- way stops at intersections with limited visibility and a history of collisions. These uncontrolled intersections without clear stop signs have led to confusion among drivers and a challenge for vehicles, bicyclists, and pedestrians to safely navigate crossings .

This lack of signage can result in drivers having insufficient time to notice pedestrians, cyclists, and cross traffic. Such situations may lead to difficulties in deciding when and/or whether to come to a full stop at these intersecting streets.

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

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

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Intersection Justification for stop
sign
Pine Ave and Irvington
Ave
Warrant A-1
11th St and J St Warrant A-2
11th St and Wall Ave Warrant A-1
11th St and Perris St Warrant A-2
49th St and E St Warrant A-2
Mountain Ave and
Marshall Blvd
Warrant A-1
28th St and Turrill Ave Warrant A-2
Bobbett Dr & Olive St Warrant A-1
The City must designate roadways as Through Highways in order to implement traffic control measures. Staff presented the proposed stop sign locations to the City’s Public Safety and Human Relations Commission (PS&HR) at its November 10, 2025, meeting, except for Bobbett and Olive it was presented to the PS&HR at the May 12, 2025, meeting. The Commission recommended approval for installation at all the locations indicated in the staff report
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No. 3d: Improved Quality of Life. The project will evaluate and enhance the quality of public safety services.

Fiscal Impact
There is no impact to the General Fund, the total cost will range from $2,000-$3,000 per location. Public Works has an existing contract with Cal Stripe, Inc., a Paving and Markings contractor to implement the proposed stop sign installations.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino California, adopt Resolution No. 2026-003 authorizing the City Manager and/or designee to amend the City’s Master List of certain streets or portions thereof designated as Through Highways and authorizing the establishment of stop control at the following locations:
a. Pine Ave & Irvington Ave (Ward 5)
b.11th St & J St (Ward 1)
c.11th St & Wall Ave (Ward 1)
d.11th St & Perris St (Ward 1)
e.49th St & E St (Ward 4)
f. Mountain Ave & Marshall Blvd (Ward 4)
g. 28th St & Turill Ave (Ward 2)
h. Bobbet Dr & Olive St (Ward 1)

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Attachments
Attachment 1 Resolution No. 2026-003
Attachment 2 Exhibit “A” Master List
Attachment 3 Pine Ave & Irvington Ave stop sign warrant & Site plan Attachment 4 11th St & J St stop sign warrant & Site plan Attachment 5 11th St & Wall Ave stop sign warrant & Site plan Attachment 6 11th St & Perris St stop sign warrant & Site plan Attachment 7 49th St & E St stop sign warrant & Site plan Attachment 8 Mountain Ave & Marshall Blvd stop sign warrant & Site plan Attachment 9 28th St & Turill Ave stop sign warrant & Site plan Attachment 10 Bobbett Dr & Olive St stop sign warrant
Attachment 11 Bobbett Dr & Olive St stop sign warrant Site plan

Ward:
1,2,4,7
Synopsis of Previous Council Actions:

None
CC: Eric Levitt, City Manager

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Resolution No. 2026-003
Resolution 2026-003
January 21, 2026

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Mayor and City CouncilJanuary 21, 2026

Mayor and City Council
January 21, 2026