Agenda — Twentynine Palms City Council, November 8, 2022 (part 3 of 6)

30 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East The CONTRACTOR assures AGENCY that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. §§ 12101 et seq.)

ARTICLE V
CONTRACTOR acknowledges the provisions of the State Labor Code requiring every employer to be insured against liability for worker's compensation, or to undertake self-insurance in accordance with the provisions of that code and certifies compliance with such provisions.

CONTRACTORS and any Subcontractor are required to meet the provisions of the California Senate Bill 584 for the payment of Department of Industrial Relations (DIR) established prevailing wages. This applies to all public projects as defined in California Code 22002 for contracts exceeding $1,000.00. CONTRACTORS shall register with the DIR in accordance with California Labor Code Section 1771.1(a) and 1725.5, and will be subject to compliance monitoring and enforcement by the DIR, subject to Section 1771.4. CONTRACTORS must submit certified payrolls electronically to DIR. By signing this Contract, CONTRACTOR is indicating that he/she/it have registered with DIR and have submitted the required PWC-100 Information Form online at www.dir.ca.gov.

ARTICLE VI
CONTRACTOR hereby agrees to comply with the State Labor Code and acknowledges that, in accordance with Labor Code Section 3700, he/she/it will be required to secure the payment of compensation to his/her/its employees.

ARTICLE VII
CONTRACTOR acknowledges that, in accordance with Labor Code Section 1777.5, he/she/it will be held responsible for compliance with the provisions of this Section for all apprenticeable occupations.

ARTICLE VIII
CONTRACTOR hereby waives for himself/herself/itself and for CONTRACTOR’s Subcontractors any right CONTRACTOR may now or in the future possess in relation to this Contract and these Contract Documents and the work thereunder, to utilize the provisions of Civil Code Section 47(b) in any action, proceeding, or prosecution pursuant to California False Claims Act, Government Code Section 12650 et seq.

ARTICLE IX
CONTRACTOR acknowledges and agrees that CONTRACTOR must have all appropriate CONTRACTOR’s licenses. CONTRACTOR further warrants and represents that he/she/they has/have the appropriate CONTRACTOR’s license to pursue the work hereunder. CONTRACTOR’s failure to have or maintain all appropriate licenses during the entire term of this Contract, or any period thereof, shall be cause for the immediate and summary termination of this Contract by AGENCY. CONTRACTOR shall be liable for all AGENCY’S costs to complete the work and this Contract.

ARTICLE X

Page 207 of 885 ends

31 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East Hazardous Waste or Other Unusual Conditions. If the Contract involves digging trenches or other excavations that extend deeper than four feet (4’) below the surface, CONTRACTOR shall promptly, and before the following conditions are distributed, notify AGENCY, in writing, of any:

A. Hazardous Waste. Material that CONTRACTOR believes may be material that is hazardous waste, as defined in Health and Safety Code Section 25117, 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. Differing Conditions. Subsurface or latent physical conditions at the site differing from those indicated.

C. Unknown Physical Conditions. 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 in the Contract.

AGENCY shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in CONTRACTOR’s costs of, or the time required for, performance of any part of the work may issue a change order under the procedures described in this Contract.

In the event that a dispute arises between AGENCY and CONTRACTOR 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, 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 contracting parties.

ARTICLE XI
Any notices which either party may desire to give to the other party under this Contract must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may latter designate by notice:

To CITY: CITY OF TWENTYNINE PALMS
Attention: City Clerk
6136 Adobe Road
Twentynine Palms. CA 92277
To CONTRACTOR:

ARTICLE XII

Page 208 of 885 ends

32 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East The AGENCY and CONTRACTOR understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the municipal, superior, or federal district court with jurisdiction over the AGENCY.

ARTICLE XIII
Nothing contained in this Contract shall create any contractual relationship between any Subcontractor and the AGENCY. CONTRACTOR covenants and agrees that he/she has made himself/herself aware of Public Contract Code Sections 4100 et seq. pertaining to the identification and use of Subcontractors in the bid submitted and CONTRACTOR is fully aware and knowledgeable of the liability to the CONTRACTOR for violations of said Sections of the Public Contract Code.

ARTICLE XIV
CONTRACTOR is and shall at all times remain as to the AGENCY a wholly independent CONTRACTOR.

The personnel performing the services under this Contract on behalf of CONTRACTOR shall at all times be under CONTRACTOR’s exclusive direction and control. Neither AGENCY nor any of its officers, employees, or agents shall have control over the conduct of CONTRACTOR or any of CONTRACTOR’s officers, employees, or agents, except as set forth in this Contract. CONTRACTOR shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the AGENCY. CONTRACTOR shall not incur or have the power to incur any debt, obligation, or liability whatever against AGENCY, or bind AGENCY in any manner.

No employee benefits shall be available to CONTRACTOR in connection with the performance of this Contract. Except for the fees and other payments paid to CONTRACTOR as provided in the Contact, AGENCY shall not pay salaries, wages, or other compensation or indemnification to CONTRACTOR for injury or sickness arising out of performing services hereunder.

ARTICLE XV
CONTRACTOR agrees to protect, indemnify, defend and hold harmless AGENCY and all of its officers, agents and employees from any claims, demand or causes of action, including related expenses, attorney's fees, and costs, based on, arising out of, or in any way related to the work undertaken by CONTRACTOR hereunder.

ARTICLE XVI

INDEMNIFICATION
(a) Indemnification
To the fullest extent permitted by law, CONTRACTOR shall protect, indemnify, defend and hold harmless AGENCY and any and all of its officials, employees, volunteers and agents from and against any and all losses, liabilities, damages, and costs and expenses (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees) where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the actions or failure to act of CONTRACTOR, its officers, agents, employees or subcontractors, or any entity or individual that CONTRACTOR shall bear the legal liability thereof.

Page 209 of 885 ends

33 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East (b) Indemnification Provisions Pertaining to Subcontractors and Others Performing Work. CONTRACTOR agrees to obtain executed indemnity agreements with provisions identical to those set forth in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONTRACTOR in the performance of this Agreement. In the event CONTRACTOR fails to obtain such indemnity obligations from others as required herein, CONTRACTOR agrees to be fully responsible according to the terms of this section. Failure of AGENCY to monitor compliance with these requirements imposes no additional obligations on AGENCY and will in no way act as a waiver of any rights hereunder.

This obligation to indemnify and defend AGENCY as set forth herein is binding on successors, assigns or heirs of CONTRACTOR and shall survive the termination of this Agreement or this section. (c) Indemnity Provisions for Contracts Related to Construction. Without affecting the rights of AGENCY under any provision of this Agreement, CONTRACTOR shall not be required to indemnify, defend or hold harmless AGENCY from such liability, claims. losses, damages or expenses arising from AGENCY’s sole negligence or willful acts.

INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, CONTRACTOR shall maintain insurance in conformance with the requirements set forth below. CONTRACTOR shall use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, CONTRACTOR agrees to amend, supplement or endorse the existing coverage to do so.

CONTRACTOR acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to AGENCY in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to AGENCY.

CONTRACTOR shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the CONTRACTOR, its agents, representatives, or employees. All Sections of this Agreement and any provision in AGENCY's Request for Proposal and CONTRACTOR's submitted proposal are subordinate to and superseded by the requirements contained in this Section to the extent that any provision or portion thereof conflicts with or impairs these requirements or any obligation to or right under or pursuant to these insurance requirements. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties to be interpreted as such.
(a) Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1) Commercial General Liability Insurance – Written on the Insurance Services Office “Commercial General Liability” policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another.
(2) Business Auto Coverage –Written on the ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. If CONTRACTOR owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If CONTRACTOR or CONTRACTOR’s employees will use personal autos in any way on this project, CONTRACTOR shall provide evidence of personal auto liability coverage for each person.

Page 210 of 885 ends

34 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East (3) CONTRACTOR certified that the company does not have employees and does have Workers’ Compensation/ employer’s Liability Insurance. As soon as the CONTRACTOR has employees, he/she will have the insurance below:

Workers' Compensation/Employer's Liability Insurance - Written on a policy form providing workers' compensation statutory benefits as required by the State of California. Employer's Liability limits shall be no less than one millions dollars ($1,000,000) per accident or disease. Employer's Liability coverage shall be scheduled under any umbrella policy described above. Unless otherwise agreed, this policy shall be endorsed to waive any right of subrogation as respects AGENCY, its officers, officials, employees, or agents.
(4) Professional Liability or Errors and Omissions Insurance as appropriate to the CONTRACTOR’s profession - Written on policy form coverage specifically designed to protect against acts, errors or omissions of the CONTRACTOR and “Covered Professional Services” as designated in the policy must specifically include work performed under this agreement.
(b) Minimum Limits of Insurance. CONTRACTOR shall maintain limits no less than:
(1) General Liability: $1,000,000 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.
(2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
(3) Errors and Omissions Liability: The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer’s duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Insurance shall continue to be effective to cover all claims made within three (3) years of the completion of the work in the Agreement.
(4) Excess or Umbrella Liability Insurance (Over Primary): If used to meet limit requirements, it shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured’s liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to AGENCY for injury to employees of CONTRACTOR, subcontractors or others involved in the Work. The scope of coverage provided is subject to approval of AGENCY following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than per occurrence.

Page 211 of 885 ends

35 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East (c) Deductibles and Self-Insured Retention. CONTRACTOR agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any CONTRACTOR, subcontractors, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to AGENCY. If CONTRACTOR’s existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the AGENCY. At that time the AGENCY shall review options with the CONTRACTOR, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or the CONTRACTOR to procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses or other solutions. Any deductibles in excess of ten percent (10%) or self-insured retention must be approved by the City Manager.
(d) Other Insurance Provisions. The general liability, business auto liability, and any necessary umbrella liability policies are to contain, or be endorsed to contain, the following provisions:
(1) General liability and umbrella policies shall cover the AGENCY, its officers, officials, employees, agents, and volunteers are to be covered as insureds or additional insureds as respects: liability arising out of activities performed by or on behalf of the CONTRACTOR; products and completed operations of the CONTRACTOR; premises owned, occupied or used by the CONTRACTOR; or automobiles owned, leased, hired or borrowed by the CONTRACTOR. The coverage shall contain no special limitations on the scope of protection afforded to the AGENCY, its officers, officials, employees, agents, or volunteers.

Endorsements including the additional insured shall be identified on standard ISO endorsement number CG 20 10, attached to an ISO-CGL policy with an edition prior to 1992, or other form as expressly approved by AGENCY, and which does not limit the scope of coverage for the additional insured to vicarious liability or to the additional insured's supervision of a given project. In no event shall the CONTRACTOR use an additional insured endorsement with an edition date of 1992 or later, absent express written authorization by AGENCY. CONTRACTOR also agrees to require all CONTRACTORs and subcontractors to do likewise. (2) For any claims related to this project, the CONTRACTOR's insurance coverage shall be primary insurance as respect to the AGENCY, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the AGENCY, its officers, officials, employees, agents, or volunteers shall be excess of the CONTRACTOR's insurance and shall not contribute with it.

(3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the AGENCY, its officers, officials, employees, agents, or volunteers.
(4) The CONTRACTOR's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's

Page 212 of 885 ends

36 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East liability, and there shall be no cross liability exclusions that preclude coverage for suits between CONTRACTOR and AGENCY or between AGENCY and any other insured. CONTRACTOR expressly waives any claim against AGENCY for any covered act or event, and CONTRACTOR's insurance policy shall not prevent such waiver. The limits of insurance required herein shall in no way limit the liability of the party providing the insurance. In addition, if the coverage or limits available to CONTRACTOR exceed that required by this Agreement, and the loss incurred by the additional insured exceeds the amount required by this Agreement, it is the parties' intent that all such additional coverage and limits available will apply irrespective of the specific coverage or limits required herein. (5) No liability insurance coverage provided to comply with this Agreement shall prohibit CONTRACTOR, or CONTRACTOR’s employees, or agents, from waiving the right of subrogation prior to a loss. CONTRACTOR agrees to waive subrogation rights against AGENCY regardless of the applicability of any insurance proceeds, and to require all CONTRACTORs and subcontractors to do likewise. (6) All insurance coverage and limits provided by CONTRACTOR and available or applicable to this Agreement are intended to apply to the full extent of the policies.

Nothing contained in this Agreement or any other agreement relating to the AGENCY or its operations limits the application of such insurance coverage. (7) The AGENCY reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the CONTRACTOR ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the CONTRACTOR, the AGENCY will negotiate additional compensation proportional to the increased benefit to AGENCY. (8) For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. (9) CONTRACTOR acknowledges and agrees that any actual or alleged failure on the part of AGENCY to inform CONTRACTOR of non-compliance with any insurance requirement in no way imposes any additional obligations on AGENCY nor does it waive any rights hereunder in this or any other regard. (10) None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to AGENCY and approved of in writing.
(11) No liability policy shall contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured or of any CONTRACTOR or subcontractor.

Page 213 of 885 ends

37 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East (12) All coverage types and limits required are subject to approval, modification and additional requirements by the AGENCY, as the need arises. CONTRACTOR shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect AGENCY’s protection without AGENCY’s prior written consent.
(13)The provisions of any workers’ compensation or similar act will not limit the obligations of CONTRACTOR under this Agreement. CONTRACTOR expressly agrees not to use any statutory immunity defenses under such laws with respect to AGENCY, its employees, officials and agents.
(14)Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. (15)CONTRACTOR agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge AGENCY or CONTRACTOR for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to AGENCY. It is not the intent of AGENCY to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against AGENCY for payment of premiums or other amounts with respect thereto.
(e) Acceptability of Insurers. Insurance is to be placed with insurers authorized and admitted to do business in California and with a current A.M. Best's rating of A or better and a financial size of VII or greater, unless otherwise acceptable to the AGENCY.
(f) Verification of Coverage and Notice of Cancellation. (1) CONTRACTOR shall immediately furnish to AGENCY certificates of insurance or endorsements, satisfactory to AGENCY, evidencing the insurance coverage above required prior to the commencement of performance of services hereunder. These certificates or endorsements shall provide that such insurance is the minimum, is in no way limited by any provision herein, and allows for the application of all coverage available to the additional insureds. Further, the certificates or endorsements shall require thirty (30) days written notice to additional insured AGENCY prior to any termination, suspension, cancellation, or non-renewal, or the reduction of available coverage, or any change in the terms of coverage. CONTRACTOR agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will “endeavor” (as opposed to being required) to comply with the requirements of the certificate. (2) CONTRACTOR agrees that if CONTRACTOR commences work under this Agreement without first providing AGENCY copies of the required insurance certificates or endorsements, that CONTRACTOR does so at its own and sole risk. In the event CONTRACTOR's insurance is not acceptable to AGENCY or copies of insurance certificates or endorsements are not provided,

Page 214 of 885 ends

38 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East AGENCY shall have no obligations to compensate CONTRACTOR for such work unless CONTRACTOR possesses a notice to proceed from AGENCY for this work. (3) Within sixty (60) days of the commencement of this Agreement, CONTRACTOR shall furnish certified copies of the actual policies and endorsements. Failure to submit such policies shall constitute a material breach of this Agreement entitling AGENCY to any and all remedies at law or in equity, including summary termination of this Agreement. If proof of any insurance required under this Agreement is not delivered as required or if such insurance is canceled at any time and no replacement coverage is provided, AGENCY shall have the right but not the duty to obtain any insurance it deems necessary to protect its interests under this Agreement, express or implied, in any way relating to AGENCY. Any premium for such coverage shall be charged to and promptly paid by CONTRACTOR or, at AGENCY's option, may be deducted from sums due to CONTRACTOR.
(4) In the event of the premature termination of this Agreement for any reason, CONTRACTOR agrees to maintain the required insurance coverage until AGENCY provides written authorization to terminate the coverage following a review and determination that all liability posed under this Agreement as to the party providing the insurance has been eliminated. (5) Except as outlined in Section 10(b) (3) above, CONTRACTOR will renew the required coverage annually as long as AGENCY, or its employees or agents face an exposure from operations of any type pursuant to this Agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until AGENCY executes a written statement to that effect.
(6) CONTRACTOR shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from CONTRACTOR’s insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to AGENCY within five days of the expiration of the coverages.
(g) Notice of Claim or Loss. CONTRACTOR agrees to provide immediate notice to AGENCY of any claim or loss likely to involve AGENCY or its employees or agents which exceeds $2,500 or is likely to exceed that amount arising out of the work performed under this Agreement. AGENCY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve AGENCY.
(h) Sub-Contractor Insurance Requirements. CONTRACTOR agrees to require that all parties, including but not limited to Sub-Contractors and additional CONTRACTORS or professional services with whom CONTRACTOR enters into contracts or whom CONTRACTOR hires pursuant to or in any way related to the performance of this Agreement, provide the insurance coverage required here, at a minimum.

CONTRACTOR agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section.

CONTRACTOR acknowledges and agrees that upon request, all agreements with Sub-Contractors and others engaged in the project contemplated by this Agreement will be submitted to AGENCY for review.

CONTRACTOR agrees and acknowledges that such contracts may require modification as to the insurance requirements necessary to properly protect AGENCY.

Page 215 of 885 ends

39 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East

ARTICLE XVII
This Contract is entered into for the sole benefit of AGENCY and CONTRACTOR, and their successors, transferees, and assigns. No other person shall have any right of action based upon any provision of this Contract and no third party beneficiaries shall be created thereby.

ARTICLE XVIII
If any term, provision, condition, or covenant of this Contract, or the application thereof to any party or circumstances, shall to any extent be held invalid or unenforceable, the remainder of the instrument, or the application of such term, provision, condition, or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of the Contract as amended shall be valid and enforceable to the fullest extent permitted by law.

ARTICLE XIX
This Contract may be executed in multiple counterparts, each of which so fully executed counterpart shall be deemed an original. No counterpart shall be deemed an original or deemed or presumed delivered unless and until the counterpart executed by the other party to this Contract is in the physical possession of the party seeking enforcement thereof.

ARTICLE XX
This Contract contains the complete, final, entire, and exclusive agreement between the parties with respect to the subject matter hereof, and no waiver, alteration, or modification of any of the modification, amendment, or alteration in violation hereof shall be void.

ARTICLE XXI
CONTRACTOR affirms that the signatures, titles and seals set forth hereinafter in execution of this Contract Agreement represent all individuals, firm members, partners, joint venturers, and/or corporate officers having principal interest herein.

IN WITNESS WHEREOF the parties hereto for themselves, their heirs, executors, administrators, successors, and assigns do hereby agree to the full performance of the covenants herein contained and have caused this Contract Agreement to be executed in duplicate by setting hereunto their names, titles, hands, and seals this _____, day of _______________, 2020.

Page 216 of 885 ends

40 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East CONTRACTOR:

(Print Name and Title)
CONTRACTOR's License No. Class
Federal Tax Identification No.

CONTRACTOR’S SIGNATURE MUST BE NOTARIZED. SEE FOLLOWING PAGE FOR NOTARY ACKNOWLEDGEMENT.

AGENCY OF TWENTYNINE PALMS
By:

Frank J. Luckino, City Manager
ATTEST:

By:

Cindy Villescas, City Clerk
APPROVED AS TO FORM:

By:

Page 217 of 885 ends

41 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East Patrick Munoz, City AttornALL SIGNATURES

Page 218 of 885 ends

42 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East

MUST BE NOTARIZED AND CORPORATE SEALS

AFFIXED, IF APPLICABLE)

END OF CONTRACT

Page 219 of 885 ends

43 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East SECTION 510 – PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the City of Twentynine Palms (hereinafter referred to as “City”) has awarded to ____________________, (hereinafter referred to as the “Contractor”) an agreement for ______________________________ (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 the Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of the 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, ($____________), the 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-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officers and agents, as stipulated in the Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the guarantee obligation shall hold good for a period of one (1) year after the acceptance of the work by 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 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:

1. Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or

2. 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

Page 220 of 885 ends

44 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East 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.

3. Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable.

The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

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

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

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code.
[SIGNATURES ON FOLLOWING PAGE]
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20___.
(Corporate Seal)
Contractor/ Principal
By
Title
(Attach Acknowledgment Form)
(Corporate Seal)
Surety
By

Page 221 of 885 ends

45 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East Attorney-in-Fact
(Attach Attorney-in-Fact Certificate)
Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.

The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)

THE FOLLOWING INFORMATION IS MANDATORY
Any claims under this bond may be addressed to:
(Name, Address and Telephone number of Surety)
(Name, Address and Telephone number of Agent or
Representative for service of process in
California, if different from above)

Page 222 of 885 ends

46 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”) appeared , who proved to me on the basis of satisfactory Name(s) of Signer(s)
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Place Notary Seal Above Signature of Notary Public

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

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

Signer is representing:

Name Of Person(s) Or Entity(ies)

Page 223 of 885 ends

47 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.

Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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

WITNESS my hand and official seal.

Place Notary Seal Above Signature of Notary Public

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited

Page 224 of 885 ends

48 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East 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

Page 225 of 885 ends

49 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East SECTION 520 – PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS THAT
WHEREAS, the City of Twentynine Palms (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:
____________________________________________________________________________ (the “Work”); 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, Principal is required to furnish a bond in connection with the contract described above; providing that if 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 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 Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in section 9100 of the Civil Code, 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 section 18663 of the Revenue and Taxation Code, 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 section 9100 of the Civil Code 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 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,

Page 226 of 885 ends

50 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East 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 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 section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned.

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

Page 227 of 885 ends

51 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.

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

WITNESS my hand and official seal.

Place Notary Seal Above Signature of Notary Public

CAPACITY CLAIMED BY SIGNER 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)

Page 228 of 885 ends

52 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East 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.

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

WITNESS my hand and official seal.

Place Notary Seal Above Signature of Notary Public

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer

Page 229 of 885 ends

53 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East 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-ofAttorney to local representatives of the bonding company must also be attached.

END OF PAYMENT BOND

Page 230 of 885 ends

54 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East SECTION 600 – GENERAL CONDITIONS
ARTICLE 1. DEFINITIONS

1. Acceptable, Acceptance or words of similar import shall be understood to be the acceptance of the Engineer and/or the City.

2. Act of God is an earthquake of magnitude 3.5 or higher on the Richter scale or a tidal wave.

3. Applicable Laws means 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.

4. Contract Documents includes only those items listed in Article 5 of the Contract for Construction.

5. Contractor shall mean the entity identified in the Contract for Construction with which the City has contracted for performance of the Work.

6. Day shall mean a 24-hour calendar day unless otherwise specifically designated.

7. Material shall include machinery, equipment, manufactured articles, or construction such as form work, fasteners, etc., and any other classes of material to be furnished in connection with the Contract, whether or not it will become a permanent part of the Work. All material shall be new unless specified otherwise.

8. Perform shall mean that the Contractor, at Contractor’s expense, shall take all actions necessary to complete the Work, including furnishing necessary labor, tools, and equipment, and providing and installing Materials that are indicated, specified, or required to complete such performance.

9. Project means the planning, design, development, financing, construction, and completion of the public work of improvement, which includes, but is not necessarily limited to, the Work.

The Project may include construction that will be performed by others directly or through separate contracts.

10. Provide shall mean to complete in place,that is furnish, install, test and make ready for use.

11. Recyclable Waste Materials shall mean materials removed from the Site which are required to be diverted to a recycling center rather than an area landfill. Recyclable Waste Materials include asphalt, concrete, brick, concrete block, and rock.

12. Specifications means that portion of the Contract Documents consisting of the written requirements for materials, equipment, construction systems, standards and workmanship for

Page 231 of 885 ends

55 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East the work. Except for Sections 1-9 of the State of California Department of Transportation Standard Specifications and Standard Specifications for Public Works Construction (“Standard Specifications”) latest editions, which are specifically excluded from incorporation into these Contract Documents, the Work shall be done in accordance with the Standard Specifications, including all current supplements, addenda, and revisions thereof. In the case of conflict between the Standard Specifications and the Contract Documents, the Contract Documents shall prevail.

13. City shall mean the City of Twentynine Palms, acting through properly authorized 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 City and Owner may be used interchangeably.

14. Work means the construction or related work that is to be performed under the Contract, including furnishing all labor, materials, equipment, and services. The Work may be all or a portion of the Project.

ARTICLE 2. CONTRACT DOCUMENTS

2.1 GENERAL

1. Contract Documents. The Contract Documents are complementary, and what is called for by one shall be as binding as if called for by all.

2. Interpretations. The Contract Documents are intended to be fully cooperative and to be complementary. If Contractor observes that any of the Contract Documents are in conflict, the Contractor shall promptly notify the City in writing. In case of conflicts between the Contract Documents, the order of precedence shall be as follows:
a. Addenda, the most recent first
b. Special Provisions (or Special Conditions)
c. Technical Specifications
d. Plans (Contract Drawings)
e. Contract for Construction
f. General Conditions
g. Instructions to Bidders
h. Notice Inviting Bids
i. Contractor’s Bid Form
j. Standard Specifications (Sections 1-9 Excluded)
k. Standard Plans
l. Reference Documents
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 or Change Order drawings govern over Contract Drawings d. Contract Drawings govern over Standard Drawing
e. Contract Drawings govern over Shop Drawings

3. Conflicts in Contract Documents. Notwithstanding the orders of precedence established above, in the event of conflicts, the higher standard shall always apply.

4. Organization of Contract Documents. Organization of the Contract Documents into divisions, sections, and articles, and arrangement of drawings shall not control the Contractor in

Page 232 of 885 ends

56 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East dividing Work among subcontractors or in establishing the extent of Work to be performed by any trade.

2.2 COPIES & MAINTENANCE
Contractor will be furnished, free of charge, 1 copy or preferably 0 if possible of the Contract Documents.

Additional copies may be obtained at cost of reproduction.

Contractor shall maintain a complete, clean, undamaged set of Contract Documents at the Site at all times during construction.

2.3 OWNERSHIP OF DRAWINGS
All Contract Documents furnished by the City are City property. They are not to be used by Contractor or any subcontractor on other work nor shall Contractor claim any right to such documents. With exception of one complete set of Contract Documents, all documents shall be returned to the City on request at completion of the Work.

2.4 DETAIL DRAWINGS AND INSTRUCTIONS

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

2. Request for Information; Additional Instructions. Contractor may make a written request for information to address any error, inconsistency, ambiguity, conflict or lack of detail or explanation in the Contract Documents. The City will provide any required additional instructions, by means of drawings or other written direction, necessary for proper execution of Work.

3. Quality of Parts, Construction and Finish. All parts of the Work shall be of the best quality of their respective kinds and Contractor must use all diligence to inform itself fully as to the required construction and finish. In no case shall Contractor proceed with the Work without obtaining the City’s written approval as required for the proper performance of Work.

4. Contractor’s Variation from Contract Document Requirements. If Contractor varies from the requirements of the Contract Documents including the requirement to comply with all Applicable Laws, the City 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.

2.4 TECHNICAL SPECIFICATIONS
This Project Caltrans 2018 Standard Specifications. editions, removals, and revisions are contained in Attachment A, “Technical Special Provisions.”
ARTICLE 3. EXISTENCE OF UTILITIES AT THE SITE

3.1 EXISTING UTILITIES

1. General – Known existing utilities and pipelines are shown on the Plans in their approximate locations. However, nothing herein shall be deemed to require the Owner to indicate the

Page 233 of 885 ends

57 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East presence of existing service laterals or appurtenances whenever the presence of such utilities 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 Owner 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 Owner in the Contract Documents or cannot reasonably be inferred from the presence of other visible facilities.

3.2 UTILITY LOCATION

1. It shall be the Contractor’s responsibility to determine the exact location and depth of all utilities, including service connections, which have been marked by the respective utility owners and which the Contractor believes may affect or be affected by the Contractor’s operations. The Contractor shall not be entitled to additional compensation or time extensions for work necessary to avoid interferences or for repair to damaged utilities if the Contractor does not expose all such existing utilities as required by this section.

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

3. A “High Priority Subsurface Installation” is defined in section 4216 (e) as “highpressure 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 section 4216 (l) as “any underground pipeline, conduit, duct, wire, or other structure, except non-pressurized sewer lines, non-pressurized storm drains, or other non-pressurized 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 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 City 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. The City shall be given written 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 (a)(2) 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 prior to the legal excavation start date and time, as such date and time are authorized pursuant to paragraph (1) of subdivision (a) of section 4216.2. The excavator and the operator or its representative shall conduct an onsite meeting at a mutually-agreed-on time to determine actions or activities required to verify the location of the high priority subsurface installation prior to start time.” The Contractor shall notify the City in advance of this meeting.

3.3 UTILITY RELOCATION AND REPAIR

1. If interferences occur at locations other than those indicated in the Contract Documents with reasonable accuracy, Contractor shall notify the City in writing.

Page 234 of 885 ends

58 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East

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

3. 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 32 (Changes and Extra Work). 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 30.c.

4. The public utility, where they are the owner of the affected utility, shall have the sole discretion to perform repairs or relocation work or permit the Contractor to do such repairs or relocation work at a reasonable price. The right is reserved to the City and the owners of utilities or their authorized agents to enter upon the Work area for the purpose of making such changes as are necessary for the rearrangement of their facilities or for making necessary connections or repairs to their properties. The Contractor shall cooperate with forces engaged in such work and shall conduct its operations in such a manner as to avoid any unnecessary delay or hindrance to the work being performed by such forces and shall allow the respective utilities time to relocate their facility.

5. When the Contract Documents indicate that a utility is to be relocated, altered or constructed by others, the City will conduct all negotiations with the utility company and the work will be done at no cost to the Contractor, unless otherwise stipulated in the Contract.

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.

ARTICLE 4. SCHEDULE

1. General Requirements. The schedule shall be prepared in a Critical Path Method (“CPM”) format and in an electronic scheduling program acceptable to City. Contractor shall deliver the schedule and all updates to the City in both paper and electronic form. The electronic versions shall be in the original scheduling program format and include all data used to prepare the schedule; pdf. copies are not acceptable.

2. Initial Schedule. Within fourteen (14) days after the issuance of the Notice of Award, Contractor shall prepare a schedule for performance of the Work and shall submit it for the City’s review. The receipt or review of any schedules by the City shall not in any way relieve the Contractor of its obligations under the Contract Documents. Contractor is fully responsible to determine and provide for any and all staffing and resources at levels which allow for the required quality and timely completion of the Work. Contractor’s failure to incorporate all elements of Work or any inaccuracy in the schedule shall not excuse the Contractor from performing all of the required Work within the Contract Time. If the initial 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.

3. Schedule Contents. The schedule shall allow enough time for inclement weather that can reasonably be expected at the Site. 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 clearly identify all staffing and other resources which in the Contractor’s

Page 235 of 885 ends

59 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East judgment are needed to complete the Work within the Contract Time. Schedule duration shall match the Contract Time. Schedules indicating early completion will be rejected.

4. Schedule Updates. Contractor shall continuously update its construction schedule to show the actual status of the Work and incorporate changes in the Work. Contractor shall submit an updated and accurate construction schedule to the City whenever requested to do so by City and with each progress payment request. 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.

ARTICLE 5. SUBSTITUTIONS

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

2. Unless specifically designated in the Contract Documents, 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 is substantially equal or better in every respect to what is specified in the Contract Documents.

3. Contractor shall submit written requests for substitution or any “equal” material, process or article, together with substantiating data, no later than thirty-five (35) days after award of the Contract. To facilitate the construction schedule and sequencing, some requests may need to be submitted before thirty-five (35) days after award of Contract. Provisions regarding submission of substitution requests shall not in any way authorize an extension of the Contract Time. If a proposed “equal” substitution is rejected, Contractor shall be responsible for providing the specified material, process or article without adjustment to the Contract Price or Contract Time. The burden of proof as to the equality of any material, process or article shall rest with the Contractor. The City has the complete and sole discretion to determine if a material, process or article is an “equal” material, process or article that may be substituted.

Contractor shall furnish the specified item without change in the Contract Price if the City rejects the proposed substitution.

4. Information required to substantiate requests for substitutions of an “equal” material, process or article data shall include a signed affidavit from the Contractor stating that, and describing how, the proposed “equal” material, process or article is equivalent to that specified in every way except as listed on the affidavit. Substantiating data shall include any and all illustrations, specifications, and other relevant material, including but not limited to, catalog information which describes the requested substitute “equal” material, process or article, and substantiates that it is an “equal” to the specified material, process or article. The substantiating data must also include information regarding the durability and lifecycle cost of the proposed substituted “equal” material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to the City in a timely fashion will result in the rejection of the proposed substitution.

5. The Contractor shall bear all of the City’s costs associated with the review of substitution requests, including review by design professionals.

6. The Contractor shall be responsible for paying all costs related to a substituted “equal” material, process or article.

7. Contractor is directed to the Special Conditions (if any) to review any findings made pursuant to Public Contract Code section 3400.

Page 236 of 885 ends

60 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East ARTICLE 6. SUBMITTALS

6.1 GENERAL

1. Contractor shall furnish to the City for approval, prior to purchasing or commencing any Work, a log of all samples, material lists and certifications, mix designs, schedules, and other submittals, as required in the Specifications. The log shall indicate whether samples will be provided in accordance with other provisions of this Contract.

2. Contractor will provide samples and submittals, together with catalogs and supporting data required by the City, to the City within a reasonable time period to provide for adequate review and avoid delays in the Work.

3. Contractor shall sign all submittals affirming that submittals have been reviewed and approved by Contractor prior to submission to City. Each signed submittal shall affirm that the submittal meets all the requirements of the Contract Documents except as specifically and clearly noted and listed on the cover sheet of the submittal.

4. City will review such samples, but only for conformance with design concept of work and for compliance with information given in the Contract Documents. Work shall be in accordance with approved samples and submittals.

5. Contractor shall not be entitled to any extension of the Contract Time on account of the requirements of Article 6.

6.2 SHOP DRAWINGS

1. Contractor shall check and verify all field measurements and shall submit with such promptness as to provide adequate time for review and cause no delay in his own Work or in that of any other contractor, subcontractor, or worker on the Work, six (6) copies of all shop or setting drawings, calculations, schedules, and materials list, and all other provisions required by the Contract.

2. Contractor shall promptly address any City comments and resubmit. City’s review of shop drawings shall not relieve Contractor from responsibility for deviations from the Contract Documents unless Contractor has, in writing, called City’s attention to such deviations at time of submission and has secured the City’s written approval. City’s review of shop drawings shall not relieve Contractor from responsibility for errors in shop drawings.

ARTICLE 7. MATERIALS

1. Except as otherwise specifically stated in the Contract Documents, Contractor shall provide and pay for all materials, labor, tools, equipment, water, lights, power, transportation, superintendence, temporary constructions of every nature, and all other services and facilities whatsoever necessary to execute and complete this Contract within the Contract Time.

2. Unless otherwise specified, all materials shall be new and the best of their respective kinds and grades as noted and/or specified, and workmanship shall be of good quality.

3. 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 until City has accepted the Work.

4. 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

Page 237 of 885 ends

61 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East work and agrees upon completion to deliver the Work to the City free from any claims, liens, or encumbrances.

5. Materials shall be stored on the Site in such manner so as not to interfere with any operations of the City or any independent contractor.

ARTICLE 8. CONTRACTOR’S SUPERVISION
Contractor shall continuously keep at the Site a competent and experienced full-time superintendent acceptable to the City. Superintendent must be able to proficiently speak, read and write in English.

Contractor shall continuously provide efficient supervision of the Work.

ARTICLE 9. WORKERS

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

2. Any person in the employ of the Contractor or a subcontractor whom the City may deem incompetent or unfit shall be dismissed from the Work and shall not be employed on this Work except with the written approval of the City.

ARTICLE 10. SUBCONTRACTORS

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

2. Contractor must comply with the requirements of the Subletting and Subcontracting Fair Practices Act, Public Contract Code section 4100 et seq., before replacing a subcontractor listed in the bid or performing work with its own forces for which a subcontractor was listed.

ARTICLE 11. PERMITS AND LICENSES
Permits and licenses necessary for prosecution of the Work shall be secured and paid for by Contractor, unless otherwise specified in the Contract Documents.

1. Contractor shall obtain and pay for all other permits and licenses required for the Work, including excavation permit and permits 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.

2. 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 identified as the City’s responsibility in the Contract Documents.

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

Page 238 of 885 ends

62 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East ARTICLE 12. UTILITY USAGE

1. 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.

2. 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

3. All permanent meters installed shall be listed in the Contractor’s name until the Work is accepted.

4. If Work is to be performed in existing City facilities, Contractor may, to the extent authorized by City in writing, use the City’s existing utilities. If Contractor uses City utilities, it shall compensate the City for utilities used.

ARTICLE 13. INSPECTION FEES FOR PERMANENT UTILITIES
All inspection fees and other municipal charges for permanent utilities including, but not limited to, sewer, electrical, phone, gas, water, and irrigation shall be paid by the City. Contractor shall be responsible for arranging the payment of such fees, but inspection fees and other municipal fees relating to permanent utilities shall be paid by the City. Contractor may either request reimbursement from the City for such fees, or shall be responsible for arranging and coordinating with City for the payment of such fees.

ARTICLE 14. TRENCHES

14.1 TRENCHES FIVE FEET OR MORE IN DEPTH

1. The Contractor shall submit to the City, in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping or other provisions to be made for worker protection from the hazard of caving ground during the excavation of any trench or trenches five feet or more in depth. If the plan varies from shoring system standards forth in the Construction Safety Orders of the Division of Industrial Safety in Title 8, Subchapter 4, Article 6, California Code of Regulations, the plan shall be prepared by a 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, and all costs therefor shall be included in the Contract Price. Nothing in this section shall be deemed to allow the use of a shoring, bracing, sloping, or other protective system less effective than that required by the Construction Safety Orders. Nothing in this section shall be construed to impose a tort liability on the Owner, any of its officers, officials, partners, employees, agents, consultants or volunteers. The Owner’s review of the Contractor’s excavation plan is only for general conformance to the Construction Safety Orders.

2. Prior to commencing any excavation, the Contractor shall designate in writing to the City the “competent person(s)” with the authority and responsibilities designated in the Construction Safety Orders.

14.2 EXCAVATIONS DEEPER THAN FOUR FEET

1. If work under this Contract involves digging trenches or other excavation that extends deeper than four feet below the surface, Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any:Material that the Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and

Page 239 of 885 ends

63 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East 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.
a. Subsurface or latent physical conditions at the site differing from those indicated by information made available to bidders prior to the deadline for submitting bids. b. 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 the Contract Documents.

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 15. DIVERSION OF RECYCLABLE WASTE MATERIALS
In compliance with the applicable City’s waste reduction and recycling efforts, Contractor shall divert all Recyclable Waste Materials to appropriate recycling centers. 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 City or other applicable agencies to document Contractor’s compliance with these diversion requirements. All costs incurred for these waste diversion efforts shall be Contractor’s responsibility.

ARTICLE 16. REMOVAL OF HAZARDOUS MATERIALS
Should Contractor encounter material reasonably believed to be polychlorinated biphenyl (PCB) or other toxic wastes and hazardous materials (as defined in section 25117 of the Health and Safety Code) at the Site which have not been rendered harmless, the Contractor shall immediately stop work at the affected area and shall report the condition to the City in writing. The City shall contract for any services required to directly remove and/or abate PCBs and other toxic wastes and hazardous materials, and shall not require the Contractor to subcontract for such services. The Work in the affected area shall not thereafter be resumed except by written agreement of City and Contractor.

ARTICLE 17. SANITARY FACILITIES
Contractor shall provide sanitary temporary toilet buildings for the use of all workers. All toilets shall comply with all applicable federal, state, and local codes, ordinances, and regulations. Toilets shall be kept supplied with toilet paper and shall have workable door fasteners. Toilets shall be serviced no less than once weekly and shall be present in a quantity of not less than 1 per 20 workers or as required by CAL-OSHA regulation. The toilets shall be maintained in a sanitary condition at all times. Use of toilet 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.

Page 240 of 885 ends

64 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East ARTICLE 18. AIR POLLUTION CONTROL
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.

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 is considered includes any item of equipment with a fuel-powered engine. Contractor shall indemnify 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 Article 34.

ARTICLE 19. COMPLIANCE WITH STATE STORM WATER PERMIT

1. Contractor shall be required to comply with all conditions of the State Water Resources Control Board (“State Water Board”) Water Quality Order No. 20090009-DWQ as modified by Order No. 2010-0014-DWQ, National Pollutant Discharge Elimination System General Permit for Waste Discharge Requirements for Discharges of Storm Water Discharges Associated with Construction Activity (“NPDES 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. Contractor shall be responsible for filing the Notice of Intent and for obtaining the Permit. Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (“SWPPP”) prior to initiating Work. Contractor shall include in its bid all costs of procuring the Permit and preparing the SWPPP, as well as complying with the SWPPP and any necessary revision to the SWPPP. Contractor shall comply with all requirements of the State Water Resources Control Board. Contractor shall include all costs of compliance in the Contract Price.

2. Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, monitoring and reporting requirements as required by the Permit. Contractor shall provide copies of all reports and monitoring information to the City.

3. Contractor shall comply with the lawful requirements of any applicable municipality, the City, drainage district, and other local agencies regarding discharges of storm water to separate storm drain system or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs.

4. Storm, surface, nuisance, or other waters may be encountered at various times during construction of the Work. Therefore, Contractor, by submitting a Bid, 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.

5. Failure to comply with the NPDES Permit is a violation of federal and state law. Contractor hereby agrees to indemnify, defend and hold harmless City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the Permit 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. City may seek damages from Contractor for delay in completing the Work arising from Contractor’s failure to comply with the NPDES Permit.

Page 241 of 885 ends

65 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East ARTICLE 20. CLEANING UP

1. Contractor at all times shall keep Site free from debris such as waste, rubbish, and excess materials and equipment. Contractor shall not store debris under, in, or about the Site. Upon completion of Work, Contractor shall clean the interior and exterior of the building or improvement including fixtures, equipment, walls, floors, ceilings, roofs, window sills and ledges, horizontal projections, and any areas where debris has collected so surfaces are free from foreign material or discoloration. Contractor shall clean and polish all glass, plumbing fixtures, and finish hardware and similar finish surfaces and equipment. Contractor shall remove temporary fencing, barricades, planking, construction toilets and similar temporary facilities from Site. Contractor shall clean all buildings, asphalt and concrete areas to the degree necessary to remove oil, grease, fuel, or other stains caused by Contractor’s operations or equipment.

2. Contractor shall fully clean up the site at the completion of the Work or such other time as City may reasonably request. If the Contractor fails to clean up to the City’s satisfaction within one business Day, the City may do so and the cost of such clean up shall be charged back to the Contractor.

ARTICLE 21. LAYOUT AND FIELD ENGINEERING
All field engineering required for laying out the Work and establishing grades for earthwork operations shall be furnished by the Contractor at its expense. Layout shall be done by a qualified individual acceptable to the City. Any required “as-built” drawings of civil engineering elements of the Work shall be prepared by a registered civil engineer.

ARTICLE 22. NOISE

1. The 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.

2. The 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. No internal combustion engine shall be operated on the Work 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 that equipment to the Site until the device is repaired or replaced. Noise and vibration level requirements shall apply to all equipment on the jobsite or related to the Work, including but not limited to, trucks, transit mixers or transit equipment that may or may not be owned by the Contractor.

ARTICLE 23. TESTS AND INSPECTIONS

1. If the Contract Documents, the City, or any instructions, Applicable Law, or public authority require any part of the Work to be tested or approved in writing, Contractor shall provide the City 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 evidence or certificates of inspection shall be secured by Contractor. Costs for City testing and City inspection shall be paid by the City.

Costs of tests for Work found not to be in compliance with the Contract Documents or Applicable Law shall be paid by the Contractor.

Page 242 of 885 ends

66 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East

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

3. 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. All tests or inspections of materials shall be made in accordance with the commonly recognized standards of national organizations.

4. 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.

5. If the manufacture of materials to be inspected or tested will occur in a plant or location outside the geographic limits of City, 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.

6. 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.

ARTICLE 24. PROTECTION OF WORK AND PROPERTY

1. Contractor shall be responsible for all damages to persons or property that occur as a result of or in connection with the Work. Contractor shall be responsible for the proper care and protection of all materials delivered and Work performed until completion and final acceptance by the City. All Work shall be solely at the Contractor’s risk. Contractor shall protect adjacent property from settlement or loss of lateral support as necessary, and shall give all notices required by law.

Contractor shall comply with all applicable safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the Site. 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.

2. In an emergency affecting safety of life or of work or of adjoining property, Contractor, without special instruction or authorization from the City, shall act to prevent such threatened loss or injury; and Contractor shall so act, without appeal, if directed or instructed by the City. Any compensation claimed by Contractor on account of emergency work shall be determined in accordance with the provisions of Article 32 (Changes and Extra Work).

3. 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.

4. 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:
a. Enclose the working area with a substantial barricade, and arrange work to cause minimum amount of inconvenience and danger to the public. b. Provide substantial barricades around any shrubs or trees to be preserved. c. Deliver materials to the Site over a route designated by the City. d. 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 City or a public agency responsible for air quality, the City shall have the

Page 243 of 885 ends

67 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East authority to provide dust control and deduct the cost from payments to the Contractor.
e. 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. f. 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 City, at no cost to the City.
g. 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. h. Preserve and protect from injury all buildings, pole lines and all direction, warning and mileage signs that have been placed within the right-of-way. i. At the completion of work each day, leave the Work and the Site in a clean, safe condition.
j. Comply with any stage construction and traffic handling plans. Access to residences and businesses shall be maintained at all times.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.

5. Should damage to persons or property occur as a result of the Work, Contractor shall promptly notify 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.

ARTICLE 25. CONTRACTORS MEANS AND METHODS
Contractor is solely responsible for the means and methods utilized to perform the Work. In no case shall the Contractor’s means and methods fall below commonly accepted industry standards.

ARTICLE 26. INSPECTOR’S FIELD OFFICE

1. Contractor shall be responsible for providing the inspector’s field office. The office shall be a substantial waterproof construction with adequate natural light and ventilation by means of stock design windows. Door shall have a key type lock or padlock clasp. The office shall have heating and air conditioning and shall be equipped with a telephone, a telephone answering machine, high-speed internet connection, and a fax machine at Contractor’s expense.

2. 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.

ARTICLE 27. AUTHORIZED REPRESENTATIVES
The City shall designate representatives, who shall have the right to be present at the Site at all times.

The City may designate an inspector who shall have the right to observe all of the Work.

The inspector is not authorized to make changes in the Contract Documents or excuse Contractor from performing in accordance with the Contract Documents. The inspector shall not be responsible for the

Page 244 of 885 ends

68 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East Contractor’s failure to carry out the Work in accordance with the Contract Documents. Contractor shall provide safe and proper facilities for such access.

ARTICLE 28. LABOR

28.1 HOURS OF WORK

1. Eight (8) hours of work shall constitute a legal day’s work. The Contractor and each subcontractor shall forfeit, as penalty to the City, twenty-five dollars ($25) for each worker employed in the execution of Work by the Contractor or any subcontractor for each day during which such worker is required or permitted to work more than eight (8) hours in any one day and forty (40) hours in any week in violation of the provisions of the Labor Code, and in particular, section 1810 to section 1815, except as provided in Labor Code section 1815.

2. Work shall be accomplished on a regularly scheduled eight (8) hour per day work shift, Monday through Friday, between the hours of 7:00 a.m. and 5:00 p.m.

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

28.2 PAYROLL RECORDS

1. Pursuant to Labor Code section 1776, the Contractor and each subcontractor shall maintain weekly certified payroll records showing the name, address, social security number, work classification, straight time and overtime hours paid each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed in connection with the Work. 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 a weekly basis and in the 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.

3. 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:

4. 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.

5. A certified copy of all payroll records described herein shall be made available for inspection or furnished upon request of the DIR.

6. 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.

7. Any copy of records made available for inspection and furnished upon request to the public shall be marked or obliterated in such a manner as to prevent disclosure of an individual’s name, address, and social security number. The name and address of the Contractor or any subcontractor shall not be marked or obliterated.

8. In the event of noncompliance with the requirements of this section, the Contractor shall have ten (10) days in which to comply subsequent to receipt of written notice specifying any item or actions necessary to ensure compliance with this section. Should noncompliance still be evident after such ten (10) day period, the Contractor shall, as a penalty to the City, forfeit

Page 245 of 885 ends

69 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East One Hundred Dollars ($100.00) for each day, or portion thereof, for each worker until strict compliance is effectuated. Upon the request of the DIR, such penalties shall be withheld from contract payments.

28.3 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 Work 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/dlse/. In the alternative, the Contractor may view a copy of the prevailing rates of per diem wages at the City. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to perform the Work available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the Site. Contractor 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 allege failure to comply with the Prevailing Wage Laws.

2. The Contractor and each subcontractor shall forfeit as a penalty to the City not more than two hundred dollars ($200) for each Day, or portion thereof, for each worker paid less than the stipulated prevailing wage rate for any work done by him, or by any subcontract under him, in violation of the provisions of the Labor Code. The difference between such stipulated prevailing wage rate and the amount paid to each worker for each Day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by the Contractor.

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

28.4 PUBLIC WORKS CONTRACTOR REGISTRATION
Pursuant to Labor Code sections 1725.5 and 1771.1, the Contractor and its subcontractors must be registered with the Department of Industrial Relations prior to the execution of a contract to perform public works. By entering into this Contract, Contractor represents that it is aware of the registration requirement and is currently registered with the DIR. Contractor shall maintain a current registration for the duration of the Project. Contractor shall further include the requirements of Labor Code sections 1725.5 and 1771.1 in any subcontract and ensure that all subcontractors are registered at the time this contract is entered into and maintain registration for the duration of the Project.

28.5 EMPLOYMENT OF APPRENTICES
The Contractor’s attention is directed to the provisions of sections 1777.5, 1777.6, and 1777.7 of the Labor Code concerning employment of apprentices by the Contractor or any subcontractor. The Contractor shall obtain a certificate of apprenticeship before employing any apprentice pursuant to sections 1777.5, 1777.6, and 1777.7 of the Labor Code. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, the

Page 246 of 885 ends

70 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East Administrator of Apprenticeships, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.

28.6 NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY/EMPLOYMENT ELIGIBILITY 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, color, religion, sex, national origin, age, political affiliation, marital status, or handicap on this Work. The Contractor will take affirmative action to insure that employees are treated during employment or training without regard to their race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap.

1. Employment Eligibility; Contractor. By executing this Contract, Contractor verifies that it fully complies with all Applicable 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. Such 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 Contract, and shall not violate any such law at any time during the term of the Contract. Contractor shall avoid any violation of any such law during the term of this Contract 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 this Article 28.

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 part of the Work or of this Contract to make the same verifications and comply with all requirements and restrictions provided for in Article 28.

3. Employment Eligibility; Failure to Comply. 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 Contractor or its subcontractors, subsubcontractors or consultants to meet any of the requirements provided for in Article 28; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Contractor under Article 28.5); or (3) failure to immediately remove from the Work any person found not to be in compliance with such requirements.

28.7 LABOR/EMPLOYMENT SAFETY
The Contractor shall maintain emergency first aid treatment for his employees which complies with the Federal Occupational Safety and Health Act of 1970 (29 O.K. § 651 et seq.), and California Code of Regulations, Title 8, Industrial Relations Division 1, Department of Industrial Relations, Chapter 4.

Contractor certifies that it is aware of and has complied with the provisions of California Labor Code section 6401.7, which requires every employer to adopt a written injury and illness prevention program.

Page 247 of 885 ends

71 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East ARTICLE 29. INSURANCE

29.1 WORKERS’ COMPENSATION INSURANCE
The Contractor shall obtain, and at all times during performance of the Work or Contract maintain, workers’ compensation insurance for all of the employees engaged in Work under this Contract, on or at the Site, and, in case any of sublet Work, the Contractor shall require the subcontractor similarly to provide workers’ compensation insurance for all the latter’s employees as prescribed by State law. Any class of employee or employees not covered by a subcontractor’s insurance shall be covered by the Contractor’s insurance. In case any class of employees engaged in work under this Contract, on or at the Site, is not protected under the Workers’ Compensation Statutes, the Contractor shall provide or shall cause a subcontractor to provide, adequate insurance coverage for the protection of such employees not otherwise protected. The Contractor is required to secure payment of compensation to his employees in accordance with the provisions of section 3700 of the Labor Code. The Contractor shall file with the City certificates of his insurance protecting workers. Company or companies providing insurance coverage shall be acceptable to the City, if in the form and coverage as set forth in the Contract Documents.

29.2 EMPLOYER’S LIABILITY INSURANCE
Contractor shall provide during the life of this Contract, 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 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.

29.3 COMMERCIAL GENERAL LIABILITY INSURANCE

1. Contractor shall procure and maintain during the life of this Contract and for such other period as may be required herein, at its sole expense, occurrence form Commercial General Liability insurance coverage, at least as broad as the most current ISO CAL 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 29); or (2) crossliability for claims or suits against one insured against another.

Policy limits shall not be less than $1,000,000 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.

2. 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.

3. Contractor shall make certain that any and all subcontractors hired by Contractor are insured in accordance with this Contract. If any subcontractor’s coverage does not comply with the foregoing provisions, Contractor shall indemnify and hold the City harmless from any

Page 248 of 885 ends

72 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East damage, loss, cost, or expense, including attorneys’ fees, incurred by the City as a result thereof.

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

5. 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. 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

6. Such insurance shall comply with the provisions of Article 29.6 below.

29.4 AUTOMOBILE LIABILITY INSURANCE
Contractor shall take out and maintain at all times during the term of this Contract occurrence form Automobile Liability Insurance at least as broad as ISO CA 00 01 (Any Auto) in the amount of, at least, one million dollars ($1,000,000). Such insurance shall provide coverage for bodily injury and property damage including coverage for non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. Such insurance shall comply with the provisions of Article 29.6 below.

29.5 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 City, its elected and appointed officers, agents, officials, employees and volunteers, as their interests may appear. Contractor shall not be required to maintain property insurance for any portion of the Work following acceptance by 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 sublimits 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 City to ensure adequacy and sublimit.

Page 249 of 885 ends

73 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East

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 e. Such insurance shall comply with the provisions of Article 29.6 below

29.6 FORM AND PROOF OF CARRIAGE OF INSURANCE

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

2. Contractor shall cause its insurance carrier(s) to furnish the City with either 1) a properly executed original Certificates(s) of Insurance and certified original copies of Endorsements effecting coverage as required herein, or 2) if requested to do so in writing by the City’s Risk Manager, provide original certified copies of policies including all Endorsements and all attachments thereto, showing such insurance is in full force and effect.

3. The City, its officials, officers, employees, agents and representatives shall be named as Additional Insureds on Contractor’s All Risk policy and on Contractor’s and its subcontractors’ policies of Commercial General Liability and Automobile Liability insurance using, for Contractor’s policy/ies of Commercial General Liability insurance, ISO CG forms 20 10 and 20 37 (or endorsements providing the exact same coverage), 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. Contractor and its insurance carriers shall provide a Waiver of Subrogation in favor of those parties. Further, the Certificates(s) and policies of insurance shall contain or shall be endorsed to contain the covenant of the insurance carrier(s) that it shall provide no less than thirty (30) days written notice be given to the City prior to any material modification or cancellation of such insurance. In the event of a material modification or cancellation of coverage, the City may terminate the Contract or stop the Work in accordance with the Contract Documents, unless the City receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverage’s set forth herein and the insurance required herein is in full force and effect. Contractor shall not take possession, or use the Site, or commence operations under this Contract until the City has been furnished original Certificate(s) of Insurance and certified original copies of endorsements or policies of insurance including all endorsements and any and all other attachments as required in this section. 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.

Page 250 of 885 ends

74 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East

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. The Contractor shall provide endorsement(s) to this effect, using ISO CG form 20 01 or endorsement(s) providing the exact same coverage, at the City’s request.

5. The City reserves the right to adjust the monetary limits 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 require all tiers of sub-contractors working under this Contract to provide the insurance required under this Article 29 unless otherwise agreed to in writing by City.

ARTICLE 30. TIME FOR COMPLETION AND LIQUIDATED DAMAGES

1. Time for Completion/Liquidated Damages. Work shall be commenced within ten (10) days of the date stated in the City’s Notice to Proceed and shall be completed by Contractor within the Contract Time(s) set forth in Article 2 of the Contract for Construction. If the Work is not completed within the Contract Time(s), it is understood that the City will suffer damage, and that is and will be difficult and/or impossible to ascertain and determine the actual damage which the City will sustain in the event of and by reason of the Contractor’s failure to complete the Work within the Contract Time(s). Accordingly, as provided in Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $800 for each and every Day of delay in completing the Work beyond the Contract Time, as Liquidated Damages and not as a penalty or forfeiture, the sum stipulated in the Contract for each 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.

2. Inclement Weather. Contractor shall be bound by the City’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 then-current Project schedule.

3. Extension of Time. 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). Contractor shall within five (5) Days of identifying any such delay notify the City in writing of causes of delay. 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. Time extensions to the Work shall be requested by the Contractor as they occur and without delay.

No delay claims shall be permitted unless the event or occurrence delays the completion of the Work beyond the Contract completion date.

4. 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, including delays caused by items that are the responsibility of the City pursuant to Government Code section 4215, shall be based on actual costs only, no proportions or formulas shall be used to calculate any delay damages.

ARTICLE 31. PAYMENT

31.1 COST BREAKDOWN AND PERIODIC ESTIMATES

Page 251 of 885 ends

75 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East Contractor shall furnish on forms approved by the City:

1. A detailed Schedule of Values giving an itemized breakdown of the Contract Price within ten (10) Days of award of the Contract. the Schedule of Values shall be adjusted as directed by City.

2. A monthly itemized estimate of Work done for the purpose of making progress payments. In order for the City to consider and evaluate each progress payment application, the Contractor shall submit a detailed measurement of Work performed and a progress estimate of the value thereof before the tenth (10th) Day of the following month.

3. Contractor shall submit, with each of its payment requests, an adjusted list of actual quantities, verified by the City, for unit price items listed, if any, in the Bid Form.

4. 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.

5. The City shall have the right to adjust any estimate of quantity and to subsequently correct any error made in any estimate for payment. Contractor will include all of the following materials with each payment application:
a. an updated schedule showing the actual status of the Work and incorporating all changes to the Work.
b. Contractor’s conditional waiver of lien for the entire amount covered by such payment request, as well as a valid unconditional waiver of lien from the Contractor and all subcontractors and materialmen for all work and materials included in any prior invoices. Waivers of lien shall be in the forms prescribed by California Civil Code sections 8132, 8134, 8136, and 8138. Prior to final payment by the City, the Contractor shall submit a final conditional waiver of lien for the Contractor’s work, together with unconditional releases of lien from any subcontractor or materialmen for all previous payments and conditional releases for any remaining payments. c. Unconditional Waiver and Release of Liens upon Progress Payment from all subcontractors and material suppliers who have performed work or provided materials included in previous payment application.

6. Contractor shall certify under penalty of perjury that all cost breakdowns and periodic estimates accurately reflect the status of the Work and that all work included in the payment application meets the requirements of the Contract Documents.

28.1 MOBILIZATION

1. When the Bid Form includes a bid item for mobilization, the costs of Work in advance of construction operations and not directly attributable to any specific bid item will be included in the progress estimate as “Mobilization.” 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.

2. Payment for Mobilization shall be based on the lump sum provided in the Bid Form, which shall constitute full compensation for all such Work. No payment for Mobilization will be made until all of the items listed below have been completed to the satisfaction of the City.

The scope of the Work included under Mobilization shall include, but shall not be limited to, the following principal items:
a. Obtaining, paying for and delivering to City all bonds, insurance, and permits. b. Moving on to the Site all Contractor’s plant and equipment required for first month’s operations.
c. Installing temporary construction power, wiring, and lighting facilities d. Establishing fire protection system.
e. Developing and installing a construction water supply. f. Providing and maintaining the field office trailers for the Contractor and the City, complete, with all specified furnishings and utility services including telephones, telephone appurtenances, computer and printer, and copying machine.

Page 252 of 885 ends

76 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East g. Providing on-site communication facilities for the City, including telephones, radio pagers, and fax machines
h. Providing on-site sanitary facilities and potable water facilities as specified per CalOSHA and these Contract Documents. i. 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 j. Arranging for and erection of Contractor’s work and storage yard. k. Posting all OSHA required notices and establishment of safety programs per CalOSHA l. Full-time presence of Contractor’s superintendent at the Site as required herein. m. Submittal of initial Construction Schedule as required by the Contract Documents.

31.3 PAYMENTS

1. The City shall make monthly progress payments following receipt of undisputed and properly submitted payment requests. Unless otherwise specified in the Notice, Contractor shall be paid a sum equal to ninety five percent (95%) of the value of Work performed up to the last day of the previous month, less the aggregate of previous payments.

2. The Contractor shall, after the full completion of the Work, submit a final payment application.

All prior progress estimates shall be subject to correction in the final estimate and payment.

3. Unless otherwise required by law, the final payment of five percent (5%) of the value of the Work, if unencumbered, shall be paid no later than sixty (60) Days after the date of recordation of the Notice of Completion.

4. Acceptance by Contractor of the final payment shall constitute a waiver of all claims against the City arising from this Contract except those previously stated in writing in accordance with Article 36.

5. Payments to the Contractor shall not be construed to be an acceptance of any defective work or improper materials, or to relieve the Contractor of its obligations under the Contract Documents.

31.4 PAYMENTS WITHHELD AND BACKCHARGES
In addition to amounts which City may retain under other provisions of the Contract Documents, City may withhold payments due to Contractor as City may consider appropriate to protect City from any of the following:

1. Stop Payment Notice Claims.

2. Defective work not remedied.

3. Failure of Contractor to make proper payments to its subcontractors or suppliers.

4. Completion of the Contract if there exists a reasonable doubt that the work can be completed for balance then unpaid.

5. Damage to another contractor or third party.

6. Amounts which may be due the City for claims against Contractor.

7. Failure of Contractor to keep the record (“as-built”) drawings up to date.

8. Failure to provide updates on the construction schedule

9. Site cleanup.

10. Failure of the Contractor to comply with requirements of the Contract Documents.

11. Liquated damages.

12. Legally permitted penalties.

Page 253 of 885 ends

77 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East Upon completion of the Contract, the City will reduce the final Contract Price to reflect costs charged to the Contractor, back charges or payments withheld pursuant to the Contract Documents.

ARTICLE 32. CHANGES AND EXTRA WORK

32.1 CHANGE ORDER WORK.

1. The City, without invalidating the Contract, may order changes in the Work consisting of additions, deletions or other revisions, and the Contract Price and Contract Time shall be adjusted accordingly. All such changes in the Work shall be authorized by Change Order, and shall be performed under the applicable conditions of the Contract Documents. A Change Order signed by the Contractor indicates the Contractor’s agreement therewith, including any adjustment in the Contract Price or the Contract Time, and the full and final settlement of all costs (direct, indirect and overhead) related to the Work authorized by the Change Order.

2. Contractor shall promptly execute changes in the Work as directed in writing by City even when the parties have not reached agreement on whether the change increases the scope of Work or affects the Contract Price of Contract Time, if any. All claims for additional compensation to the Contractor shall be presented in writing. No claim will be considered after the work in question has been done unless a written contract change order has been issued or a timely written notice of claim has been made by Contractor. 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. Whenever any change is made as provided for herein, such change shall be considered and treated as though originally included in the Contract Documents, and shall be subject to all terms, conditions and provisions of the original Contract Documents.

3. Owner Initiated Change. The Contractor must submit a complete cost proposal, including any change in the Contract Time, within seven (7) Days after receipt of a proposed change order initiated by City, unless City requests that proposals be submitted in less than seven (7) Days.

4. Contractor Initiated Change. The Contractor must give written notice of a claim for a proposed change order, additional compensation or adjustment of the Contract Time within seven (7) Days of discovery of the facts giving rise to the proposed change order.

32.2 COST PROPOSALS

1. Whenever possible, any changes to the Contract Price shall be in a lump sum mutually agreed to by the Contractor and the City.

2. Price quotations from the Contractor shall be accompanied by such detailed supporting documentation, including but not limited to estimates and quotations from subcontractors or material suppliers, as City may reasonably request.

3. If the Contractor fails to submit a complete cost proposal within seven (7) Days (or as requested), the City has the right to order the Contractor in writing to commence the work immediately on a force account basis and/or issue a lump sum change to the Contract Price and/or Contract Time in accordance with the City’s estimate. If the change is issued based on the City estimate, the Contractor will waive its right to dispute the amount of compensation or time unless within fifteen (15) Days following receipt of the City’s estimate, the Contractor presents written proof that the City’s estimate was in error.

4. Estimates for lump sum quotations and accounting for force account work shall be limited to direct expenditures necessitated specifically by the extra work, and shall be segregated as follows:

5. 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 extra 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

Page 254 of 885 ends

78 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East lawful collective bargaining agreements. The use of a labor classification which would increase the cost of extra work will not be permitted unless the Contractor establishes the necessity for such new classifications. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental.

6. Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available in the quantities involved, plus sales tax, freight and delivery. Materials cost shall be based upon supplier or manufacturer’s invoice. If invoices or other satisfactory evidence of cost are not furnished within fifteen (15) Days of delivery, then the City shall determine the materials cost, at its sole discretion

7. Tool and Equipment Use. Costs for the use of small tools, which are tools that have a replacement value of $1,000 or less, shall be considered included in the markups described below. Regardless of ownership, the rates to be used in determining equipment use costs shall not exceed listed rates prevailing locally at equipment rental agencies, or distributors, at the time the Work is performed.

8. Overhead, Profit and Other Charges. The mark-up for overhead (including supervision) and profit on work added to the Contract shall be determined in accordance with the following provisions:
a. “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 City with documentation of the costs, including not limited to payroll records, invoices, and such other information as City may reasonably request
b. For Work performed by the Contractor’s forces the added cost for overhead and profit shall not exceed fifteen (15%) percent of the Net Cost of the Work. c. For Work performed by a subcontractor, the added cost for overhead and profit shall not exceed fifteen (15%) percent of the Subcontractor’s Net Cost of the Work, to which the Contractor may add five (5%) percent of the Subcontractor’s Net Cost. d. For Work performed by a sub-subcontractor the added cost for overhead and profit shall not exceed fifteen (15 %) percent of the Net Cost for Work, to which the subcontractor and general contractor may each add an additional five (5 %) percent of the Net Cost of the lower tier subcontractor
e. No additional markup will be allowed for lower tier subcontractors, and in no case shall the added cost for overhead and profit payable by City exceed twenty-five (25%) percent of the Net Cost, as defined herein, of the party that performs the Work.

9. All of the following costs are included in the markups for overhead and profit described above, and Contractor shall not receive any additional compensation for: Submittals, drawings: field drawings, Shop Drawings, including submissions of drawings; field inspection; General Superintendence; General administration and preparation of cost proposals, schedule analysis, Change Orders, and other supporting documentation; 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, Internet access, Plumbing, Electrical Power, lighting; Platforms, Fencing, Water), Jobsite and Home office overhead or other expenses; vehicles and fuel used for work otherwise included in the Contract Documents; Surveying; Estimating; Protection of Work; Handling and disposal fees; Final cleanup; Other incidental Work; Related warranties.

10. For added or deducted Work by subcontractors, the Contractor shall furnish to the City the subcontractor’s signed detailed records of the cost of labor, material and equipment, including the subcontractor markup for overhead and profit. The same requirement shall apply to subsubcontractors.

Page 255 of 885 ends

79 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East

11. For added or deducted Work furnished by a vendor or supplier, the Contractor shall furnish to the City a detailed record of the cost to the Contractor, signed by such vendor or supplier.

12. Any change in the Work involving both additions and deletions shall indicate a net total cost, including subcontracts and materials. Allowance for overhead and profit, as specified herein, shall be applied if the net total cost is an increase in the Contract Price; overhead and profit allowances shall not be applied if the net total cost is a deduction to the Contract Price. The estimated cost of deductions shall be based on labor and material prices on the date the Contract was executed.

13. Contractor shall not reserve a right to assert impact costs, extended job site costs, extended overhead, constructive acceleration and/or actual acceleration beyond what is stated in the Change Order. No claims shall be allowed for impact, extended overhead costs, constructive acceleration and/or actual acceleration due to a multiplicity of changes and/or clarifications.

The Contractor may not change or modify the City’s Change Order form in an attempt to reserve additional rights.

14. If the City 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 the Contractor agrees with the City, a change order will be issued by the City. If no agreement can be reached, the City shall have the right to issue a unilateral change order setting forth its determination of the reasonable additions or savings in costs and time attributable to the extra or deleted work. Such determination shall become final and binding if the Contractor fails to submit a claim in writing to the City within fifteen (15) Days of the issuance of the unilateral change order, disputing the terms of the unilateral change order and providing such supporting documentation for its position as the City may reasonably require.

15. No dispute, disagreement or failure of the parties to reach agreement on the terms of the Change Order shall relieve the Contractor from the obligation to proceed with performance of the changed work, including extra work, promptly and expeditiously.

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

ARTICLE 33. OCCUPANCY
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.

ARTICLE 34. INDEMNIFICATION
To the fullest extent allowed by law, Contractor shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, agents, employees, and representatives free and harmless from any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or in equity, to property or persons, including wrongful death, regardless of whether the allegations are false, fraudulent, or groundless, arising out of, related to, or in connection with the Work or this Contract, including claims made by subcontractors for nonpayment, and including without limitation the payment of all consequential damages and attorneys’ fees and other related costs and expenses.

Contractor shall defend, at Contractor’s own cost, expense and risk, with counsel of City’s choosing, any and all such suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its officials, officers, agents, employees and representatives. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City, its officials, officers, agents, employees and representatives, in any such suit, action or other legal proceeding. Contractor shall reimburse 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.

Page 256 of 885 ends

80 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East ARTICLE 35. RECORD (“AS BUILT”) DRAWINGS

1. Contractor shall prepare and maintain a complete set of record drawings (herein referred to as “as-builts”) and shall require each trade to prepare its own as-builts. The as-builts must show the entire site for each major trade, including but not limited to water, sewer, electrical, data, telephone, cable, fire alarm, gas and plumbing. Contractor shall mark the as-builts to show the actual installation where the installation varies from the Work as originally shown in the Contract Documents. Contractor shall mark whichever drawings are most capable of showing actual conditions fully. Where shop drawings are used, Contractor must record a cross-reference to the corresponding location on the contract drawings. Contractor shall give particular attention to concealed elements that would be difficult to measure, locate or record at a later date. Contractor shall use colors to distinguish separate categories of the Work.

2. Contractor shall note related Change Order numbers where applicable. Contractor shall organize as-builts into manageable sets, bound with durable paper cover sheets and shall print suitable title, dates and other identification on the cover of each set. Contractor to also provide an electronic version of the asbuilts. The suitability of the as-builts will be determined by the City.

ARTICLE 36. RESOLUTION OF CONSTRUCTION CLAIMS

1. All public works claims between the Contractor and the City shall be resolved pursuant to the procedures set forth in Public Contract Code Section 9204. All public works claims of $375,000 or less which arise between the Contractor and the City shall also be resolved in accordance with Public Contract Code Sections 20104 et seq. and other applicable law, unless the City has elected to resolve the dispute pursuant to Public Contract Code Section 10240 et seq.

2. All claims shall be submitted in writing and accompanied by substantiating documentation.

Claims must be filed on or before the date of final payment unless other notice requirements are provided in the contract. “Claim” means a separate demand by the claimant for (1) a time extension, including, without limitation, relief from damages or penalties for delay assessed by the City (2) payment of money or damages arising from work done by or on behalf of the claimant and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled, or (3) payment of an amount which is disputed by the City..

3. Contractor shall timely comply with all notices and requests for additional compensation and extensions of time, including but not limited to all requirements of Article 32, as a prerequisite to filing any claim governed by this Article. The failure to timely submit a notice of potential claim, or to timely provide any other notice or request required by the Contract Documents shall constitute a waiver of the right to these procedures.

4. The Contractor will submit all claims in the following format:
a. Summary of entitlement to Claim and amount of money and/or time requested and provisions of the Contract Documents for which the claim is made. b. All documents Contractor contends support the Claim, including but not limited to the following:
i. Contract Document
ii. Clarifications (Requests for Information)
iii. Schedules
iv. Other materials, such as job diaries, invoices, time and material cost records, photographs, videos, etc.
v. Chronology of events and correspondence
vi. Analysis of claim merit
vii. Analysis of claim amount
viii. Time impact analysis in CPM format

Page 257 of 885 ends

81 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East c. Cover letter and certification of the claim, including any claims from subcontractors or suppliers of any tier, in accordance with the California False Claims Act, Government Code sections 12650 et seq

5. Submission of a claim, properly certified, with all required supporting documentation, and written rejection or denial of all or part of the claim by City, is a condition precedent to any action, proceeding, litigation, suit, general conditions claim, or demand for mediation or arbitration by Contractor

6. City Response to Claim. Upon receipt of a Claim pursuant to this Section, the City shall conduct a reasonable review of the Claim and, within a period not to exceed 45 days of receipt of the claim, or as extended by mutual agreement, shall provide 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 response.If the City needs approval from City Council to provide Contractor a written statement as set forth above, and City Council does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a Claim, the City shall have up to three (3) days following the next publicly noticed meeting of City Council after the 45-day period, or extension, expires to provide Contractor a written statement identifying the disputed portion and the undisputed portion of the Claim.The City may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the City may have.

If additional information is needed thereafter, it shall be provided upon mutual agreement of the City and the claimant. The City’s written response shall be submitted 30 days (15 days if the Claim is less than $50,000) after receiving the additional documentation, or within the same period of time taken by the claimant to produce the additional information, whichever is greater.

7. Meet & Confer Conference. If Contractor disputes the City’s response, or if the City fails to respond within the statutory time period(s), the Contractor may so notify the City within 15 days of the receipt of the response or the failure to respond, and demand an informal conference to meet and confer for settlement of those portions of the Claim that remain in dispute.

Upon such demand, the City shall schedule a meet and confer conference within 30 Days.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 Contractor a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed.

8. Mediation. Any portion of the Claim which remains in dispute following the meet and confer conference shall be submitted to nonbinding mediation. The selection of the mediator shall be in accordance with Public Contract Code section 9204 and the City and the Contractor shall equally share the mediator’s fees. Each party will be responsible for its own attorney’s fees and other costs incurred in the resolution of any Claim.

9. Government Code Claim. If the Claim or any portion thereof remains in dispute, the claimant must file a claim pursuant to Government Code 900 et seq. and Government Code 910 et seq. For purposes of those provisions, the time within which a claim must be filed shall be tolled from the time the claimant submits the written claim until the time the claim is denied, including any time utilized for the meet and confer conference or mediation.

ARTICLE 37. CITY’S RIGHT TO TERMINATE CONTRACT

37.1 TERMINATION FOR CAUSE:

Page 258 of 885 ends

82 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East

1. The City may, without prejudice to any other right or remedy, serve written notice upon Contractor of its intention to terminate this Contract in whole or in part if the Contractor: (i) refuses or fails to prosecute the Work or any part thereof with such diligence as will ensure its completion within the Contract Time; (ii) fails to complete the Work within the required time; (iii) files a bankruptcy petition or is adjudged a bankruptcy; (iv) makes a general assignment for the benefit of its creditors; (v) has a receiver appointed; (vi) refuses or fails to supply enough properly skilled workers or proper materials to complete the Work; (vii) fails to make prompt payment to subcontractors or for material or labor; (viii) disregards Applicable Laws, other requirements or instructions of the City; or (ix) violates any of the provisions of the Contract Documents.

2. The Notice of Default and Intent to Terminate shall state the reasons for termination. Unless within five (5) Days after the service of such notice, Contractor resolves the circumstances giving rise to the Notice of Default to the City’s satisfaction, or makes arrangements acceptable to the City for the required corrective action, this Contract shall terminate. In such case, Contractor shall not be entitled to receive any further payment until the Work has been finished. The City may take over and complete the Work by any method it may deem appropriate. 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.

37.2 TERMINATION FOR CONVENIENCE:

1. In addition to its right to terminate this Contract for default, the City may terminate the Contract, in whole or in part, at any time upon ten Days written notice to Contractor. The Notice of Termination shall specify that the termination is for the convenience of the City, the extent of termination, and the effective date of such termination.

2. After receipt of Notice of Termination, and except as directed by the City, 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:

3. Stop Work as specified in the Notice.

4. 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.

5. Leave the Site and any other property upon which the Contractor was working in a safe and sanitary manner such that it does not pose any threat to the public health or safety.

6. Terminate all subcontracts and purchase orders to the extent that they relate to the portions of the Work terminated.

7. Place no further subcontracts or orders, except as necessary to complete the remaining portion of the Work.

8. Submit to the City, within ten (10) Days from the effective date of the Notice of Termination, all of the documentation called for by the Contract Documents to substantiate all costs incurred by the Contractor for labor, materials and equipment through the Effective Date of the Notice of Termination. Any documentation substantiating costs incurred by the Contractor solely as a result of the City’s exercise of its right to terminate this Contract pursuant to this clause, which costs the Contractor is authorized under the Contract Documents to incur, shall: (i) be submitted to and received by the City no later than thirty (30) Days after the Effective Date of the Notice of Termination; (ii) describe the costs incurred with particularity; and (iii) be conspicuously identified as “Termination Costs Occasioned by the City’s Termination for Convenience.”

9. Owner’s total liability to Contractor by reason of the termination shall be limited to the total (without duplication of any items) of:
i. The reasonable cost to the Contractor for all Work performed prior to the effective date of the termination, determined in accordance with the Force

Page 259 of 885 ends

83 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East Account provisions of Article 48, including the Work done to secure the Project for termination. Reasonable cost may not exceed the applicable percentage completion values derived from the progress schedule and the Cost Breakdown. Deductions shall be made for cost of materials to be retained by the Contractor, cost of Work defectively performed, amounts realized by sale of materials, and for other appropriate credits or offsets against cost of Work as allowed by the Contract Documents. Reasonable cost will include reasonable allowance for Project overhead and general administrative overhead.
ii. When, in the Owner’s opinion, the cost of any item of Work is excessively high due to costs incurred to remedy or replace defective or rejected Work, reasonable cost to be allowed will be the estimated reasonable cost of performing the Work in compliance with requirements of the Contract Documents and excessive actual cost shall be disallowed. iii. A reasonable allowance for profit on cost of Work performed as determined in accordance with Article 48 provided that the Contractor establishes to the Owner’s satisfaction that the Contractor would have made a profit had the Project been completed, and provided further that the profit allowed shall not exceed five percent (5%) percent of the cost.
iv. Reasonable costs to the Contractor of handling material returned to vendors, delivered to the City or otherwise disposed of as directed by the Owner. v. A reasonable allowance for the Contractor’s internal administrative costs in preparing termination claim.
vi. Reasonable demobilization costs, and reasonable payments made to Subcontractors or suppliers on account of termination.

10. In no event shall the City be liable for unreasonable costs incurred by the Contractor or subcontractors after receipt of a notice of termination. Such nonrecoverable costs include, but are not limited to, the cost of or anticipated profits on Work not performed as of the date of termination, post-termination employee salaries, unreasonable post-termination administrative expenses, post-termination overhead or unabsorbed overhead, surety costs of any type, costs of preparing and submitting the Contractor’s termination claim, attorney fees of any type, and all other costs relating to prosecution of a claim or lawsuit.

11. The City shall have no obligation to pay the Contractor under this Article (Termination for Convenience) unless and until the Contractor provides the City with updated and acceptable as-builts and Record Documents for Work completed prior to termination.

12. In arriving at the amount due the Contractor under this clause there shall be deducted in whole or in the appropriate part(s) if the termination is partial:
a. All unliquidated advances or other payments on account previously made to the Contractor, including without limitation all payments which are applicable to the terminated portion of the Contract Documents,
b. Any claim the City may have against the Contractor in connection with the Work, and c. The agreed price for, or proceeds of sale of, any materials, supplies, or other things kept by the Contractor and not otherwise recovered by or credited to the Owner.

These provisions are in addition to and not in limitation of any other rights or remedies available to the Owner.

37.3 SAVINGS CLAUSE
If 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

Page 260 of 885 ends

84 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East Contractor specifically waives any claim for any other amounts or damages, including, but not limited to, any claim for consequential damages or lost profits.

37.4 EXCEPTION
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 until such safety or liability issues are addressed to the satisfaction of the City or the Contract is terminated.

ARTICLE 38. WARRANTY AND GUARANTEE

1. Contractor warrants that all materials and equipment furnished under this Contract shall be new unless otherwise specified in the Contract Documents; and that all Work conforms to the Contract Document requirements and is free of any defect whether performed by the Contractor or any subcontractor or supplier.

2. Unless otherwise stated, all warranty periods shall begin upon the filing of the Notice of Completion. Unless otherwise stated, the warranty period shall be for one year.

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

4. Contractor shall furnish the City with all warranty and guarantee documents prior to final acceptance of the Work by the City.

5. 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 to complete or correct the Work at issue. If the Contractor fails to promptly remedy any defect, or damage within this time; the City shall have the right to replace, repair, or otherwise remedy the defect, or damage at the Contractor’s expense.

6. In the event of any emergency constituting an immediate hazard to health, safety, property, 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 actions necessary to correct such condition.

7. With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for Work performed and Materials furnished under this Contract, the Contractor shall:
a. Obtain for City all warranties that would be given in normal commercial practice or that are required in the Contract Documents;
b. Require all warranties to be executed, in writing, for the benefit of the City; and c. Enforce all warranties for the benefit of the City, unless otherwise directed in writing by the City.

This Article shall not limit the City’s rights under this Contract or with respect to latent defects, gross mistakes, or fraud. The City specifically reserves all rights related to defective work, including but not limited to the defect claims pursuant to California Code of Civil Procedure section 337.15.

ARTICLE 39. DOCUMENT RETENTION & EXAMINATION

1. 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.

2. Contractor shall make available to the City any of the Contractor’s other documents related to the Work immediately upon request of the City.

Page 261 of 885 ends

85 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East

3. In addition to the State Auditor’s rights described 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 electronic records, computations and projections) related to negotiating, pricing, or performing the Work in order to evaluate the accuracy and completeness of the cost or pricing data, for a period of four (4) years after final payment.

ARTICLE 40. SOILS INVESTIGATIONS
When a soils investigation report for the Site is available, such report shall not be a part of the Contract Documents. Any information obtained from such report as to subsurface soil condition, or to elevations of existing grades or elevations of underlying rock, is approximate only and is not guaranteed. Contractor acknowledges that any soils investigation report (including any borings) was prepared for purposes of design only and Contractor is required to examine the Site before submitting its bid and must make whatever tests it deems appropriate to determine the condition of the soil.

ARTICLE 41. SEPARATE CONTRACTS

1. The City reserves the right to let other contracts in connection with this Project or the Site.

Contractor shall cooperate with and permit other contractors reasonable access and storage of their materials and execution of their work and shall properly connect and coordinate its Work with theirs.

2. To ensure proper execution of its subsequent Work, Contractor shall immediately inspect Work already in place and shall at once report to the City any problems with the Work in place or discrepancies with the Contract Documents.

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

ARTICLE 42. NOTICE AND SERVICE THEREOF
All notices shall be in writing and either served by personal delivery or mailed to the other party as designated in the Bid Forms. 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 City shall be addressed to the City as designated in the Notice Inviting Bids unless City designates another address in writing for service of notice. Notices shall be deemed to be received upon personal delivery to the addresses above; if sent by overnight delivery, upon delivery as shown by delivery service records; if sent by facsimile, upon receipt as confirmed by the sending facsimile equipment; if by United States Postal Service, five days after deposit in the mail.

Page 262 of 885 ends

86 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East ARTICLE 43. NOTICE OF THIRD PARTY CLAIMS
Pursuant to Public Contract Code section 9201, the City shall provide Contractor with timely notification of the receipt of any third-party claim relating to the Contract.

ARTICLE 44. STATE LICENSE BOARD NOTICE
Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826.

ARTICLE 45. INTEGRATION

1. This Contract, together with its incorporated documents, contains the entire, integrated agreement of the parties hereto, and supersedes any and all other prior or contemporaneous negotiations, understandings and oral or written agreements between the parties hereto.

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.

2. Any modification of this Contract shall only be effective if in writing signed by all parties hereto.

3. No oral order, objection, direction, claim or notice by any party or person shall affect or modify any of the terms or obligations contained in the Contract Documents.

ARTICLE 46. ASSIGNMENT
Contractor shall not assign, transfer, convey, sublet, or otherwise dispose of this Contract or any part thereof including any claims, without prior written consent of the City. Any assignment 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.

ARTICLE 47. CHANGE IN NAME AND NATURE OF CONTRACTOR’S LEGAL ENTITY
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 City’s rights under the Contract, including but not limited to the bonds.

ARTICLE 48. ASSIGNMENT OF ANTITRUST ACTIONS
Pursuant to section 7103.5 of the Public Contract Code, in entering into a public works contract or subcontract to supply goods, services, or materials pursuant to a public works contract, Contractor or subcontractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under section 4 of the Clayton Act (15 U.S.C. section 15) or under the Cartwright Act

Page 263 of 885 ends

87 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East (chapter 2 (commencing with section 16700) of part 2 of division 7 of the Business and Professions Code), arising from the purchase of goods, services, or materials pursuant to this Contract or any subcontract. This assignment shall be made and become effective at the time the City makes final payment to the Contractor, without further acknowledgment by the parties.

ARTICLE 49. PROHIBITED INTERESTS
No City official or representative who is authorized in such capacity and on behalf of the 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.

ARTICLE 50. LAWS AND REGULATIONS

1. 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 the 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 the City, he shall bear all costs arising therefrom.

2. 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.

3. 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.

ARTICLE 51. PATENT FEES OR ROYALTIES
The Contractor shall include in its bid amount the patent fees or royalties on any patented article or process furnished or used in the Work. Contractor shall assume all liability and responsibility arising from the use of any patented, or allegedly patented, materials, equipment, devices or processes used in or incorporated with the Work, and shall defend, indemnify and hold harmless the City, its officials, officers, agents, employees and representatives from and against any and all liabilities, demands, claims, damages, losses, costs and expenses, of whatsoever kind or nature, arising from such use.

ARTICLE 52. NOTICE OF TAXABLE POSSESSORY INTEREST
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.

END OF GENERAL CONDITIONS

Page 264 of 885 ends

88 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East

Page 265 of 885 ends

89 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East

ATTACHMENT A

TECHNICAL SPECIAL PROVISIONS

THE FOLLOWING TECHNICAL SPECIFICATIONS ARE INCORPORATED HEREIN BY REFERENCE AS IF SET FORTH IN THEIR ENTIRETY:

1. CALTRANS Standard Plans and Specifications (2018) (Except Division 1) PART 1 GENERAL

1.1 Scope of Services
It shall be the contractor’s responsibility to provide and furnish all materials, tools, labor and incidentals to complete the work as outlined in the Project Description and as shown in the Specifications and Contract Documents for State Route 62 Improvement Project from Encelia Avenue to 600’ Eastin the City of Twentynine Palms
It shall be the Contractor’s responsibility to thoroughly review the project area, familiarize himself with the scope of proposed work and submit the proposal for the work accordingly.

Each respective bid item as shown on the proposal bid form shall comply with the respective section of the most current edition of the Caltrans Standard Plans and Specifications (2018), its supplements, and any other publication as specified or listed in the General Conditions. If there is a conflict between these inclusions and the Standard Specifications, these inclusions shall have precedence.

1.2 Project Descriptions
In general, the proposed work will include installation of concrete median island, minor pavement rehabilitation, signing and striping modification, and other miscellaneous improvements as indicated on the plans.

All project work and incidental items to complete the project shall be performed in accordance with the plans, specifications, and other provisions of the contract. All the above improvements are to be constructed in a workmanlike manner, leaving the entire project in a neat and presentable condition.

All work shall be performed during regular hours (7:00 AM – 5:00 PM), unless night work is specifically requested by the contractor.

Special Work Hours. If approved by the City, special work hours are restricted as follows: No work affecting travel lanes shall be done before 6:00 a.m. or after 5:00 p.m.

Page 266 of 885 ends

90 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East Schedule. Residents shall have vehicular access to their residences by the end of each workday.

Special Notifications. The Contractor shall coordinate their hours of operation and work with all affected schools, their bus schedules, and bus stop locations that are located within the project areas and meet with various schools’ principals and accommodate their project-related needs prior to the start of and during any of its work. No additional compensation will be allowed for this coordination.

The Contractor should note that the public schools are generally busy with traffic between 6:45 am to 8:15 am and from 1:45 pm to 3:20 pm on weekdays. During these hours, all existing travel lanes shall remain open within 500 feet of any school property.

No additional compensation shall be allowed for these coordination efforts by the Contractor.

1.3 Project Plans
The area of work is shown on the attached plan sets for “State Route 62 Improvement Project from Encelia Avenue to 600’ East” The project consists of 1 Title sheet, 1 Detail sheet, 2 Street Improvement Plan sheets, and 1 Signing and Striping Plan Sheet: See Appendix A Project Drawings.

1.4 Award and Execution of the Contract
Local Contractor Preference (Ord. 170 § 1(part), 2003) (Ord. No. 270, § 1, 2-9-2016)

3.01.035 - Local Contractor Preference
Notwithstanding any other section herein, and unless State law sets a lowest bidder requirement, fitness and quality being equal, the City Manager or the City Council shall have the authority to grant local preference when awarding any contract for the purchase of supplies, materials, equipment or services pursuant to the following criteria:
(a) A preference may be given to any service contractor with a fixed office in the City of Twentynine Palms if the bid of the contractor does not exceed the lowest bid or prices quoted by other contractors by more than five percent (5%). (b) A preference may be given to any service contractor within the Morongo Basin if the contractor's bid does not exceed the lowest bid or price quoted by other contractors by more than two percent (2%).

Application of the preference in the award of the contract shall mean the amount by which the local contractor bid or provided an estimate shall be deemed reduced by the City's bid award or selection process and shall not actually reduce the amount ultimately paid by the City to the successful bidder.

1.5 Self Performance.

Page 267 of 885 ends

91 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East The CONTRACTOR shall perform not less than fifty-one (51%) percent of the original contract work with the CONTRACTOR’s own organization.

1.6 Control of Materials
The Control of Materials shall be per Section 4 of the Standard specifications except for the addition of the following.

General.

Within two (2) calendar days before the Pre-construction meeting, the CONTRACTOR shall submit a complete list of major products proposed for use, with the name of the manufacturer, trade name, and model number of each product.

Protection of Work and Materials.

The CONTRACTOR shall make arrangements with the AGENCY for a special mailing location for the project to accept deliveries of products and deliveries. No deliveries will be accepted by the AGENCY. Arrange deliveries of products in accordance with progress schedules and in sufficient time to allow for inspection by the ENGINEER prior to installation.

Coordinate deliveries to avoid conflict with Work and site conditions and to accommodate the work of other contractors, or AGENCY; limitations of storage space; availability of equipment and personnel for handling products; AGENCY’s use of premises.

Products shall not be shipped from the manufacturer’s or fabricator’s facility or delivered to project site until related Shop Drawings, including shop or factory test reports and records, have been accepted and returned as approved by the ENGINEER.

Shipments of materials to CONTRACTOR or subcontractors shall be delivered to the site only during regular working hours. Shipments shall not be delivered to the AGENCY.

Products shall not be delivered to the site until required storage facilities have been provided and installed by the CONTRACTOR, and are ready to receive products for storage.

Products shall not be delivered to site in manufacturer’s original, unopened, labeled containers.

Keep ENGINEER informed of delivery of all equipment to be incorporated in the Work.

Partial deliveries of component parts of equipment shall be clearly marked to identify the equipment or materials, to permit easy accumulation of parts and to facilitate assembly.

Immediately upon delivery, inspect shipment to assure: the product complies with requirements of Contract Documents and reviewed submittals; quantities are correct; containers and packages are intact, and labels are legible; products are properly protected and undamaged.

Provide equipment and personnel necessary to handle products, including those provided by the AGENCY, to prevent soiling or damage to products or packaging.

Page 268 of 885 ends

92 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East Provide additional protection during handling as necessary to prevent scraping, marring, or otherwise damaging products or surrounding surfaces.

Handle products by methods to prevent bending or over stressing.

Lift heavy components only at designated lifting points. Provide proper equipment for unloading shipments as they are delivered to the site including fork lifts, cranes, etc. The CONTRACTOR shall make all arrangements for transportation, delivery and handling of equipment and materials required for prosecution and completion of the Work.

CONTRACTOR shall make all arrangements and provisions necessary for the storage of materials and equipment. All excavated materials, construction equipment, and materials to be incorporated into the Work or existing facilities and so that free access can be maintained at all times to all parts of the Work and to all public utility installations in the vicinity of the Work. Materials and equipment shall be kept neatly and compactly stored in locations that will cause a minimum of inconvenience to the AGENCY, other contractors, public travel, adjoining owners, tenants and occupants. Arrange storage in a manner to provide easy access for inspection.

Products subject to damage by moisture, freezing, or other effects of the elements shall be stored inside weatherproof storage areas that are equipped with suitable temperature and moisture controls.

Store loose granular materials on solid surfaces in a well-drained area; prevent mixing with foreign matter. CONTRACTOR shall have all BMPs in place prior to receiving and storing products.

CONTRACTOR shall be fully responsible for loss, theft, or damage to stored materials and equipment.

If necessary to move stored materials and equipment prior to or during construction, CONTRACTOR shall move materials and equipment without any additional compensation.

1.7 Inspection Requirements
Approximately one year after final acceptance, the AGENCY will make arrangements with the ENGINEER and CONTRACTOR for a post final inspection and will send a written notice to said parties informing them of the date and time of the inspection. CONTACTOR shall participate in post final inspection at no additional cost to the AGENCY.

Inspection shall include, but not be limited to, latent defects in coatings, concrete surfaces and joints, and soil compaction. Replacement of fill or backfill that has settled below required elevations and restoration of surface improvements damaged thereby shall be required repair work.

The ENGINEER will inform the CONTRACTOR of any deficiencies discovered during the inspection, and required corrections and the time for completion of replacement or repairs.

When the corrections have been satisfactorily completed, the ENGINEER will forward acknowledgment to the CONTACTOR and AGENCY.

Page 269 of 885 ends

93 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East

1.9 Trade Names or Equals
Products specified by reference standards or by description only can be any product meeting those standards.

For products specified by naming one or more manufacturers the CONTRACTOR must be submit a Substitution Request for any manufacturer not specifically named. Product fabrication, manufacture, or purchase shall not begin until Substitution Request and, if required, related shop drawings are returned without objection by the ENGINEER. Adequate time shall be allowed for the ENGINEER to make this determination.

For proposed substitution requests, the CONTRACTOR shall supply: manufacturers information including the manufacturer’s name and address and a contact name and telephone number, technical support and specifications and similar information; manufacturer’s product literature with product information including product description, performance and test data and reference standards; samples if appropriate; priced list of product spare parts; name and address of the nearest service and technical support facility including a current contact name and telephone number; reference list of current owners with name and addresses including contact names and telephone numbers of similar projects in which the product was used; warranty information.

The CONTRACTOR shall be solely responsible for demonstrating that the proposed substitution is equal to the specified manufacturer, product or construction method.

A proposed substitution will not be accepted if the acceptance will require changes in the design concept or a substantial revision to the Contract Documents or if it will delay completion of the Work on this contract or the work of other contractors.

1.10 Utilities
Protection
After the survey and utility markout, and prior to construction, the CONTRACTOR shall photograph and video record existing site conditions with audio included.

The videotaping shall include all existing surface conditions in the Work area prior to the start of construction activities. Important features that shall be video recorded include but are not limited to:
• Existing and proposed alignments.
• Utility markings.
• Survey conditions.
• Pavement conditions.
• Adjacent property conditions, in particular the areas of private property that will be part of the project behind the existing businesses on Highway 62.

Page 270 of 885 ends

94 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East • Safety Conditions. Other unusual conditions or equipment/facility installations. • Areas of existing damage or other potential “problem areas”.

The CONTRACTOR shall make all arrangements for video recording, including coordination with the AGENCY.

The CONTRACTOR shall provide digital copies of all photographs and video recordings to the City.

The CONTRACTOR shall be responsible for taking all precautions, providing all programs and taking all actions to protect the Work, property and all existing utilities and improvements not designated for removal. The CONTRACTOR shall restore damaged or temporarily relocated utilities and improvements to a condition equal to or better than they were prior to such damage or temporary relocation, all as specified herein, and in accordance with the requirements of the Contract Documents.

The CONTRACTOR shall not, except with prior written consent from proper parties, enter or occupy privately-owned land with personnel, tools, materials or equipment.

CONTRACTOR shall assume full responsibility for the preservation of all public and private property or facility on or adjacent to the site. If any direct or indirect damage is done by or on account of any act, omission, neglect or misconduct in the execution of the Work by the CONTRACTOR, it shall be restored by the CONTRACTOR, at his expense, to a condition equal to or better than that existing before the damage was done.

The CONTRACTOR shall verify the exact location, depth and size of all utilities that may interfere with the Work or where connections are proposed. The CONTRACTOR shall make exploratory excavations of all utilities that may interfere with the Work. The CONTRACTOR shall expose all connection points prior to construction. All such exploratory excavations shall be performed as soon as practicable after award of the contract and, in any event, a sufficient time in advance of construction to avoid possible delays to the CONTRACTOR’s work. When such exploratory excavations show the utility location or size to be in error, the CONTRACTOR shall notify the ENGINEER.

The number of exploratory excavations required shall be that number which is sufficient to determine the alignment and grade of the utility.

The CONTRACTOR shall protect all Underground Utilities and appurtenances that may be affected or impaired during construction operations. The CONTRACTOR shall take all possible precautions for the protection of unforeseen utility lines to provide for uninterrupted service and to provide such special protection as may be necessary.

Relocation

Page 271 of 885 ends

95 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East In case it shall be necessary to move the property of any public utility or franchise holder, such utility company or franchise holder will be notifies by the CONTRACTOR to move such property within a reasonable time. When utility lines are to be removed and are encountered within the area of operations, the CONTRACTOR shall notify the utility owner or operator sufficiently in advance of the Work for the necessary measures to be taken to prevent interruption of service.

Cooperation
Prior to any excavation in the vicinity of existing underground facilities, including all water, sewer, storm drain, gas, irrigation, petroleum products,; or other pipelines; all buried electric power, communications, or television cables: all traffic signals and street lighting facilities; and all roadway and state highway rights-of-way, the CONTRACTOR shall notify the respective authorities representing the owners or agencies responsible for such facilities not less than 3 days prior to excavation so that a representative of said owners or agencies can locate the utilities and be present during such work if required. Underground Service Alert shall be contacted if applicable; otherwise the CONTRACTOR shall directly contact the AGENCY.

1.11 Construction Schedule.

The CONTRACTOR shall submit a proposed Construction Schedule to the ENGINEER within ten (10) working days after the date of the Notice of Award. See project Schedule Milestones in “Completion of Work” in Section A “Notice Inviting Sealed Bids”.

If Revisions to the Construction Schedule are proposed, the CONTRACTOR shall indicate progress of each activity to date of submittal of the revised schedule and projection completion date of each activity; identify activities modified since the previous submittal, major changes in scope, and other identifiable changes; provide a narrative report to define problem areas, anticipated delays, and impact on Construction Schedule; report corrective action taken or proposed, and its effect including the effect of changes of schedules of separate contractors, if any.

A. Mobilization. Mobilization shall consist of preparatory work and operations, but not limited to those necessary for the movement of personnel, equipment, materials and incidentals to the project site necessary for work on the project and for all other work and operations which must be performed or costs incurred including bonds, insurance and financing prior to beginning work on the various contract items on the project site.

B. Submit traffic control plan prepared by an approved traffic control company specializing in traffic control devices, or registered Traffic Engineer.

Page 272 of 885 ends

96 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East C. Traffic control plan shall be reviewed and approval by City Engineering Representative prior to commencement of construction work.

D. The Contractor shall notify in person and with printed notification (in English and Spanish language), at least seven (7) working days prior to commencing work, to all agencies, firms, institutions, postal service, residents, MBTA Bus, schools, stores, utilities and waste disposal service fronting or affected by the work. Additional printed notification (in English and Spanish language) shall be given not less than forty-eight (48) hours prior to performing any work which will restrict property access, close or partially close the street, or which will restrict or disallow street parking. Draft notice shall be submitted to City for review and approval prior to distribution.

E. The Contractor shall coordinate with First Responders, Sheriff, Fire Departments, Ambulance and the School District for pick-up and drop-off of school children, MBTA bus service for the pick-up and drop off of riders, waste disposal collection, and the postal service to ensure delivery of mail.

F. The printed notices shall contain a general description of the work to be done and the date that the work is to be done. The notices shall also include a statement that parking will be restricted as called for on the "NO PARKING" signs to be posted along the street or alley behind the existing business. All public notices must be reviewed and approved by the Engineer prior to its distribution.

G. The Contractor shall also post printed "NO PARKING-TOW AWAY" signs at one-hundredfoot (100') maximum spacing along each side of the affected street for forty-eight (48) hours prior to the commencement of the street improvement work. The Contractor shall document the day, date and time the "NO PARKING" signs were posted. Posting of signs on trees and utility poles will not be allowed. The signs shall contain the day, date, hours and vehicle code that parking will be prohibited on that particular street. The signs shall be removed immediately upon completion of work that will prohibit parking.

H. The printed notices and the "NO PARKING" signs shall be furnished by the Contractor. Full compensation for compliance with the preceding requirements shall be considered as being included in the various Contract items in the bid schedule and no additional compensation will be allowed.

I. Install traffic control devices per approved plan. All traffic control devices shall meet CAMUTCD for “Night Reflective Requirements”.

1.12 Work Site Maintenance
Temporary Driving Surfaces. At the end of each working day, if a difference in excess of

0.25 ft. exists between the elevation of the existing pavement and the elevation of any excavation within 5 ft. of the traveled way, material shall be placed and compacted against the vertical cuts adjacent to the traveled way. During excavation operations, native material may be used for this purpose, however, once the placing of the structural section commences, structural material shall be used. The material shall be placed to the level of the elevation of the top of

Page 273 of 885 ends

97 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East existing pavement and tapered at a slope of 1:4 (vertical: horizontal) or flatter to the bottom of the excavation. Treated base shall not be used for the taper.

Full compensation for placing the material on a 1:4 maximum slope, regardless of the number of times it is required, and subsequent removing or reshaping of the material to the lines and grades shown on the Plans shall be considered as included in the Contract price paid for the materials involved and no additional compensation will be allowed. No payment will be made for material placed in excess of that required for the structural section.

All affected survey markers and monuments, valve covers and manhole covers shall be tied out prior to the performance of any work that will impact them so that they can be properly restored upon completion of the AC surface course. Contractor shall protect and or replace all existing survey monuments.

Street Maintenance
The Contractor shall be responsible for the maintenance of the streets and roadways to be used by public and local traffic through and adjacent to the construction zone, from the date of "Notice to Proceed" until the date of acceptance of the completed construction improvements.

Street maintenance shall include filling of potholes, grading of sub-grade and base, replacing signs, installing interim pavement striping and markers on the proposed project streets and other side streets within the construction zone. Street maintenance shall also include sweeping and washing of streets, adjacent and connected to the construction zone on a weekly, or more frequent schedule, to prevent the accumulation of dust, dirt, gravel or other deleterious materials, all as necessary to maintain the construction roadways and adjacent streets in a safe, clean and drivable condition for use by public and local traffic, all as necessary and as approved by the Engineer.

Full compensation for furnishing all labor, equipment, materials, and tools required to perform Street Maintenance of the type and to the limits noted above, and as ordered by the Engineer, shall be considered as being included in the various Contract items of work and no separate or additional compensation will be allowed.

Dust Control
Dust resulting from the Contractor’s performance of the work, either inside or outside, the rightof-way shall be controlled by the Contractor. Dust control includes the action necessary to

Page 274 of 885 ends

98 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East prevent, reduce or control dust within the work area as required to complete the work. The Contractor shall carry out proper and efficient measures to prevent his operations from producing dust in amounts damaging to property or causing a nuisance, or harm to persons living nearby or occupying buildings in the vicinity of the work. The Contractor shall control dust 24 hours a day, seven days a week. The methods to be used for controlling dust in the construction area and along haul roads shall be approved by the Engineer prior to commencement of any work.

Unless the construction dictates otherwise, and unless otherwise approved by the City the Contractor shall furnish and operate a self-loading motor sweeper with spray nozzle at least twice each day (seven days a week) to keep paved areas acceptably clean whenever construction, including restoration, is incomplete.

Dust or dirt accumulations generated by the Contractor’s operations shall be cleaned and removed by the Contractor from all areas as designated by the Engineer. Areas to be cleaned shall include, but not be limited to swimming pools, interiors of any structures including residences and places of business, exteriors of any structures including roofs, patios, driveways, and any other areas as required. The Contractor shall retain a professional cleaning service for the cleaning of swimming pools, and the interior and exterior of structures. The cost for cleaning and removal of dust or dirt shall be at the Contractor’s expense and no additional compensation will be made therefore.

Chemical additives or binder may be used in water for compaction or dust palliative. If such additives are used, furnishing and applying the additives shall be at the Contractor’s expense.

Upon completion of the project, the contractor shall apply a polymer based soil stabilizer to all unpaved areas disturbed by the construction operation. The contractor shall submit soil stabilizer details and manufacturer recommendations to the City for acceptance prior to application.

Application shall be warranted for a minimum of one (1) year from date of application.

The right is reserved by the Engineer to prohibit the use of a particular type of additive, to designate the locations where a particular type of additive may not be used, or to limit the amount of a particular type of additive to be used at certain locations, all if the Engineer has reasonable ground for believing that such use will in any way be detrimental.

Dust control ordered by the Engineer to be applied on Saturdays, Sundays or holidays will be included in the prices paid for the various items of work involved and no additional compensation will be allowed.

No adjustment of compensation will be made for any increase or decrease in the quantity of dust control required, regardless of the reason for such increase or decrease.

The full compensation for all direct and indirect costs incurred for work performed or materials used to control dust resulting from the Contractor’s performance of the work and caused by public traffic, either inside or outside the right-of-way shall be considered as included in the

Page 275 of 885 ends

99 Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East Contract prices paid for the various items of work involved and no additional compensation will be allowed therefore.

Clean Up. Throughout all phases of construction, including suspension of work and until the final acceptance, the Contractor shall keep the site clean and free from rubbish and debris.

The Contractor shall remove and dispose of all loose material and debris caused by construction operations from the construction site on a daily basis.

Materials and equipment shall be removed from the site as soon as they are no longer necessary.

Before the final inspection, the site shall be cleared of equipment, unused materials, and rubbish so as to present a satisfactory clean and neat appearance. All clean-up costs shall be included in the Contractor's Bid.

Care shall be taken to prevent spillage on haul routes. Any such spillage shall be removed immediately and the area cleaned.

Excess excavated material from catch basins or similar structures shall be removed from the site immediately. Sufficient material may remain for use as backfill if permitted by the Specifications or Engineer. Forms and form lumber shall be removed from the site as soon as practicable after stripping.

Failure of the Contractor to comply with the Engineer's clean up orders may result in an order to suspend work until the condition is corrected. No additional compensation will be allowed as a result of such suspension.

Before final inspection of the work, the Contractor shall clean the right-of-way, private property, material sites, and all ground occupied by the Contractor in connection with the work of all rubbish, excess materials, temporary structures, and equipment. All parts of the work shall be left in a neat and presentable condition.

The full compensation for collecting and disposing of loose material and debris from the job site shall be considered as included in the contract prices paid for the various items of work involved and no additional compensation will be allowed.

1.13 Measurement and Payment
The Measurement and Payment shall be per Section 7 of the Standard Specifications except the addition of the following.

General
Where the Plans or Specification describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed complete and in place and that only the best general practice is to prevail and that only materials and workmanship of the first quality are to be used. Unless otherwise specified, the Contractor shall

Page 276 of 885 ends

100
Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East furnish all labor, materials, tools equipment and incidentals, and do all of the work involved including testing, handling, delivery charges, storage, disposing of waste materials, cleanup, and all other incidentals in executing the contract. Each item in the Bid Schedule is to bid as for full compensation for all the items of work appurtenant thereto completing line item. Such payment will be full compensation for that item.

Bid Item 1: Mobilization
Mobilization shall consist of preparatory work and operations including, but not limited to, those necessary for the movement of personnel, equipment, materials and incidentals to the project site necessary for work on the project and for all other work and operations which must be performed or costs incurred including bonds, insurance, and financing prior to beginning work on the various contract items on the project site.

Mobilization shall also include the cost, time and labor to move the necessary construction equipment to and from the job site, supervisory time on the job by the Contractor's personnel to keep the construction site in a safe condition and all other related work as required for all nonworking days during the course of construction. Contractor is responsible for securing an adequate storage site for equipment and materials.

The Contractor shall have on the work site at all times, as its agent, a competent superintendent capable of reading and thoroughly understanding the plans, specifications, other related documents, and directions from Owner’s Representative.

Payment. Payment for “Mobilization” shall be per the lump-sum price bid and shall include cost of construction water, obtaining and paying for all permits and business licenses as required from the City of Twentynine Palms, and other related agencies. The City of Twentynine Palms shall waive its permit fee. The Contractor shall comply with the requirements specified of each license. Progress payments for this item shall be paid in accordance with the completion percentage of the project to the Contractor, and shall include the costs of such mobilization and administration for the entire contract period. Payments shall be made upon the basis of the Caltrans formula in lieu of the “Green Book” method.

Bid Item 2: Temporary Traffic Control
Temporary traffic control shall comply with Part 6 of the Standard Specifications except for the addition of the following.
600-1 General. Add the following:

The Contractor shall keep and maintain two lanes of vehicle traffic open (one in each direction) during construction. For those instances where only one lane may be possible contractor to arrange for flagmen and communications. Pedestrian access shall be in accordance with Section 600-3 of the Standard Specifications.
601-1 General. The Contractor shall provide and maintain all construction area traffic controls in accordance with Part 6, Temporary Traffic Control of the California Manual of Uniform Traffic Control Devices (CA MUTCD) and Section 12 of the California Standard Specifications.

Page 277 of 885 ends

101
Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East The Contractor shall prepare and submit traffic control plans prepared by a Civil or Traffic Engineer registered in the State of California for approval at least five (5) working days prior to pre-construction meeting. The plans shall indicate the various phases of work and the proposed traffic control methods for each phase. The plans shall conform to the requirements of the latest editions of CA MUTCD and these special provisions.

The Contractor shall maintain a 24-hour emergency service to remove, install, relocate, and maintain warning devices and shall furnish to the Engineer, names, and telephone numbers of three persons responsible for this emergency service. In the event these persons do not promptly respond when notified, or it becomes necessary to call other forces to accomplish emergency service, the Contractor will be responsible for any cost incurred.

The Contractor shall notify the occupants of all affected properties at least 48 hours prior to any temporary obstruction of access. Vehicular access to property line shall be maintained except as required by construction for a reasonable period of time. No over-night closure of any driveway will be allowed.

Maintaining Traffic. Attention is directed to Part 6, "Temporary Traffic Control," of the Standard Specifications and to the section entitled "Work Site Safety" in Part 1 Section 5-7.1 in the Standard Specifications for Public Works Construction (Greenbook). Nothing in these Special Provisions shall be construed as relieving Contractor from his responsibility as provided in said Sections of the Standard Specifications.

Insert the following table as part of the second paragraph of Section 12-3.04B, "Portable Delineators," of the State of California Standard Specifications:

Divergence Angle
(degrees)
Incidence
Angle
Dry Reflectance
Value

0.2 - 4 250

0.2 30 95

0.5 - 4 95

0.5 30 65
Illuminated traffic cones, when used during the hours of darkness, shall be affixed or covered with reflective cone sleeves as specified in Section 12-3.02A, "Traffic Cones," of the Caltrans Standard Specifications, except the sleeves shall be seven (7) inches long.

Contractor shall notify local authorities of his intent to begin work at least five (5) days before work is begun. Contractor shall cooperate with local authorities relative to handling traffic through the area and shall make his own arrangements relative to keeping the working area clear of parked vehicles.

Page 278 of 885 ends

102
Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East Portable delineators (traffic cones are not allowed) which conform to current Caltrans standards shall be spaced as necessary for proper delineation of the travel way. The spacing between delineators shall not exceed 50 feet. Lane transitions shall not be sharper than a 30 to 1 taper.

Standard lane closure lengths may have to be increased on a case by-case basis as determined in the field to ensure safe sight distances are maintained.

If the portable delineators are damaged, displaced or are not in an upright position from any cause, said portable delineators shall immediately be replaced or restored to their original location, in an upright position, by the Contractor.

Where construction detours and signing conflict with existing signing, the Contractor shall cover existing signs in a manner approved by the Engineer. The Contractor shall also provide temporary traffic restriping at the conclusion of each working day, if not sooner as directed by the Engineer, for any centerline, painted median or lane line which is obliterated by construction.

The Contractor shall provide temporary delineation as directed/approved. Temporary delineation shall include sandblasting of conflicting markings; installation and removal of temporary centerlines or lane lines, detour signing, barricading; and replacement of traffic lines and markings in their proper locations upon termination of the detour. Conflicting existing and temporary striping, as required for traffic control during construction, shall be removed by the Contractor by using wet nozzle sandblasting methods with immediate cleanup of residues. Painting over the pavement markings will not be allowed. Temporary reflective striping tape may be used, except that it shall not be applied to final asphalt surfaces. Said tape shall be removed from temporary surfaces prior to placement of additional asphalt.

Prior to the start of each work day, the Contractor shall perform all necessary work incidental to and commensurate with the proper signing, detouring, barricading, etc., heretofore and hereinafter specified that is required for that particular day's schedule of operations. No construction shall be permitted until such signing and detouring operations have been completed.

The Contractor shall furnish such flagmen as are necessary to give adequate warning to traffic or to the public of any dangerous conditions to be encountered. Flagmen, while on duty and assigned to give warning to the public that the highway is under construction and of any dangerous conditions to be encountered as a result thereof, shall perform their duties and shall be provided with the necessary equipment in accordance with the CA MUTCD. Additional flagmen requirements are indicated in Lane Requirements Section. The equipment shall be furnished and kept clean and in good repair by the Contractor, at his/her expense.

Flashing Arrow Signs. Should the Contractor appear to be neglectful or negligent in furnishing warning and protective measures as above provided, the Engineer may direct attention to the existence of a hazard, and the necessary warning and protective measures shall be furnished and installed by the Contractor, at his/her expense. Should the Engineer point out the inadequacy of warning and protective measures, such action on the part of the Engineer shall not relieve the Contractor from responsibility for public safety or abrogate its obligation to furnish and pay for these devices.

Page 279 of 885 ends

103
Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East Signs mounted on the cab of a truck shall be mounted to provide a minimum of 7 feet between the bottom of the sign and the roadway. Signs mounted on a trailer, or on anything other than the cab of a truck, shall be mounted to provide a minimum of 8 feet between the bottom of the sign and the roadway.

The total weight of trailer mounted flashing arrow sign including the trailer, sign, power source and other components shall not exceed 1,500 pounds and the height of the level trailer bed shall be no higher than 21 inches above the roadway. The trailer shall be equipped with a minimum of 3 leveling jacks.

Alternative types of lamps may be used in flashing arrow signs if visibility is equal to the specified lamps. Each type AX flashing arrow sign shall be a minimum of 13 No.4414AX 12- volt, yellow or amber lamps shall be installed in the panel. The lamp configuration shall be for 3 arrowheads or an arrow shaft with 2 arrowheads, one pointing in each direction on the face of the sign with a minimum of 5 lamps forming each arrowhead. Each lamp shall be provided with a visor.

The lamp shall be activated by a switch on a control panel and shall be controlled by electronic circuitry to provide a minimum of 4 selectable modes of operation as follows:

1. Pass Left Mode - Sequencing if lighted arrowheads or sequencing the lamps forming the arrow shaft and arrowhead to the left or a flashing left arrow with the lamps in the arrow shaft and arrowhead flashing on and off simultaneously.

2. Pass Right Mode - Sequencing if lighted arrowheads or sequencing the lamps forming the arrow shaft and arrowhead to the right or a flashing right arrow with the lamps in the arrow shaft and arrowhead flashing on and off simultaneously.

3. Simultaneous Mode - Either the outside arrowheads pointing in opposite directions are continuously illuminated, except for the center lamp forming each arrowhead, while the arrow shaft lamps flash on and off simultaneously or the outside arrowhead pointing in opposite directions and the arrow shaft lamps all flash simultaneously to indicate padding on either side.

4. Travel Mode - Travel or caution mode shall flash in a manner not resembling any other mode.

Lane Requirements. The Contractor shall conduct work and provide the necessary traffic control to provide the following:
1- All lanes shall be reopened to traffic at the end of each working day.

Page 280 of 885 ends

104
Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East 2- A minimum of one 10' wide travel lane in each direction shall be maintained at all times during construction to provide local and through traffic access through the construction area. 3- There shall be a minimum of 5' clearance from open excavations and two feet from other obstructions (curbs, k-rail, etc.) to traffic lanes.
4- The Contractor shall be required to use flashing arrow signs and Flagmen to direct travel and appropriate detour signing to control traffic through and/or around the construction area.

Designated legal holidays are: January 1st, the third Monday in January, the third Monday in February, the last Monday in May, July 4th, the first Monday in September, the second Monday in October, November 11th, Thanksgiving Day, and December 25th. When a designated legal holiday falls on a Sunday, the following Monday shall be a designated legal holiday. When November 11th falls on a Saturday, the preceding Friday shall be a designated legal holiday.

Storage of Equipment and Materials in Public Streets. Whenever vehicles or equipment are parked on the shoulder within six (6) feet of an open traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at 25-foot intervals to a point not less than twenty-five (25) feet past the last vehicle or piece of equipment. A minimum of nine (9) portable delineators shall be used for the taper. A W20-1 (Road Work Ahead) or W21-5b (Shoulder Work Ahead) sign shall be mounted on a telescoping flag tree with flags. The flag tree shall be placed where directed by Engineer.

Street Closures, Detours, Barricades. Traffic signal shut downs shall not be allowed.

Modification to traffic signal operations including phasing changes during construction detour conditions shall be the Contractor’s responsibility as part of the contract and at no additional expense. Contractor shall coordinate with the Engineer 48 hours prior to doing the work and shall have the Engineer present during all traffic signal modifications.

During construction work in single left turn lanes, the Contractor shall post R3-2 (No Left Turn) signs at the beginning and end of the left turn lane. The Contractor shall notify Engineer 24 hours in advance of such work so traffic signals can be adjusted accordingly. No more than one left turn pocket within a two-block stretch is to be closed at the same time.

Excavations in the roadway shall be back-filled to the level of the existing pavement at the end of each work period as necessary to provide the required number of travel lanes. The Contractor will not be allowed to excavate a larger quantity of the roadway than he can successfully repave in the same working day. No incomplete paving work shall be allowed to remain at the end of each working day. All lanes shall be opened to traffic at the end of each working day.

The Contractor shall use temporary asphalt surfacing, at his own expense, as required to maintain traffic in a safe and non-disruptive manner at the end of each working day.

Temporary traffic channelization shall be accomplished with barricades or delineators. Temporary striping will not be allowed unless specifically permitted by the Engineer.

Page 281 of 885 ends

105
Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East Whenever, in the opinion of the Engineer, an emergency exists against which the Contractor has not taken sufficient precaution for the public safety, protection of utilities and protection of adjacent structures or property which may be damaged by the Contractor’s operations and when, in the opinion of the Engineer, immediate action shall be considered necessary in order to protect the public or property due to the Contractor’s operations under this Contract, the Engineer may provide suitable protection to said interests by causing such Work to be done and material to be furnished as may seem reasonable and necessary.

The cost and expense of said labor and material, together with the cost and expense of such repairs as are deemed necessary, shall be borne by the Contractor. All expenses incurred by the City of emergency repairs will be deducted from the progress payments and the final payment due to the Contractor. However, if the City does not take such remedial measures, the Contractor is not relieved of the full responsibility for public safety.

W20-1 ROAD WORK AHEAD, C-17 (CA) 25 MPH SPEED LIMIT, G20-2 END ROAD WORK and soft barricades shall be used at all approaches as suitable. The Contractor shall employ sufficient traffic barriers to prevent traffic from entering the construction areas.

Two (2) Changeable Message Sign Boards (CMS Boards) shall be installed at the jobsite as directed by the Public works Inspector. Boards shall be maintained in place until directed to remove said boards by the Engineer or Public Works Inspector.

Contractor shall prohibit traffic on the street until the initial sweeping is complete. Prior to opening the street to traffic, "Loose Gravel," W8-7 signs, and appropriate speed-reduction signs conforming to local, State, and Federal regulations shall be posted and maintained by Contractor. These signs shall remain in place until there is no further dislodging of the cover aggregate.

At least forty-eight (48) hours in advance of closing, partially closing, or reopening any street, alley, or other public thoroughfare, Contractor shall notify the Police, Fire, Traffic, and Engineering Departments and comply with their requirements. Traffic Control Plan must be approved by City Engineer and all stake holders. Deviations must first be approved, in writing, by the Engineer.

Payment. The contract lump sum price bid for “Traffic control” shall include cost for preparation of traffic control plans, and detour plans, full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all the work involved in placing, removing, storing, maintaining, moving to new locations, replacing and disposing of the components of traffic control system as specified in the Standard Specifications and these specifications, and as directed by the Engineer. The lump sum price shall also include all associated temporary signs, flashing arrow signs, flagging and/or flagmen costs, Changeable Message Sign (C.M.S.) Boards and project notifications and no additional compensation will be made therefore.

Bid Item 3: Furnish, Install, Maintain, Remove Project Identification Sign

Page 282 of 885 ends

106
Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East Payment. The contract lump sum price bid for “Furnish, Install, Maintain, Remove Project Identification Sign”.

Bid Item 4: Construction Staking and Monumentation
Construction Staking and Monumentation shall comply with Part 3 of the Standard Specifications except for the addition of the following.

Payment. The contract lump sum price bid for “Construction Staking and Survey Monument” shall include full compensation for doing all the work involved in constructing the survey monument, including necessary excavation and backfill as shown on the Plans or directed by the Engineer
Bid Item 5: AC/AB Removal
Removal and disposal of full-depth removal of asphalt pavement including, but not limited to roadway pavement, asphalt concrete trails, asphalt concrete curbs and driveways shall be in units of square yard. The square yard measurement shall be taken from a “plan view” only and not surface area of items to be removed. The square yard measurement shall be the only compensation with no additional consideration for material thickness or submaterial removals and shall be considered full compensation for furnishing all labor, materials, tools, equipment, subgrade removal and incidentals to accomplish the work as well as loading, hauling, dump fees or any other costs associated with disposing of the resultant material at an approved dump site or recycle center as specified herein and as indicated on the plans and no additional compensation will be allowed therefore.

Payment. Payment for excavation shall be paid for under the item “AC/AB Removal” and includes, roadway excavation, dust control and haul off from project site to approved dump site and or recycle plant, and shall include all equipment, materials, labor, tools required to complete the work and no additional compensation will be allowed therefore.

The per square yeard (SY) Bid Price for removal of Asphalt Concrete Pavement including, but not limited to existing street pavement, asphalt concrete trails, asphalt concrete curbs and driveways shall include full compensation for removal and disposal of all the resulting materials.

Bid Item 6: Coldmill 2” Thick, Variable Thickness
Removals shall consist of but are not limited to, the work outlined in Subsection 300-1 of the Standard Specifications. Grindings are to be equal to or less than 2". All AC grinded removal will be hauled to the Public Works Yard, Grindings will be inspected and if they are not accepted, it will be the Contractor's responsibility to haul and dispose.

Payment. Payment for AC pavement repair shall be included in the contract bid price by square foot (SF) for “Coldmill 2" Thick, Variable Thickness” which shall include full compensation for removals, furnishing all labor, materials, paint binder (tack coat), tools, equipment and incidentals and for doing all of the work involved in constructing asphalt concrete pavement complete in place as shown on the plans and specified in these Special Provisions, and no

Page 283 of 885 ends

107
Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East additional compensation will be allowed. Weight certification tickets are required for payment. No additional compensation will be allowed therefore.

Bid Item 7: Construct 6” Thick Crushed Aggregate Base (CAB). 95% Compaction Aggregate base will be per Section 200-2.2. Aggregate base shall be Class II Base, recycled materials are not allowed.
200-2.2 Crushed Aggregate Base. Add the following:

This work shall consist of furnishing, placing, spreading and compacting crushed aggregate base at the location and thickness as directed by the engineer’s representative. This work shall also consist of subgrade preparation per section 301 of the Standard Specifications.

Materials. Crushed aggregate base shall conform to Sub-section 200-2.2 of the Standard Specifications.

Aggregate Base Compaction. Placement and compaction of aggregate base shall conform to Section 301-2 of the Standard Specifications. Aggregate base shall be compacted to 95 percent of maximum density at optimum moisture and shall conform to applicable provisions of Section 301-2.3 of the Standard Specifications. Aggregate shall be asbestos-free.

The AGENCY will perform initial compaction tests. Where re-testing is required, the CONTRACTOR shall re-test for compaction. No more than one test of any three consecutive tests can fall below the specified relative compaction in order to be deemed per specifications.

The CONTRACTOR shall pay costs of any re-testing of work not conforming to the Specifications.

Payment. “Construct 6” Thick Crushed Aggregate Base (CAB). 95% Compaction” shall be paid per cubic yard (CY). Payment shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in completing said items of work, in place. No additional compensation will be allowed.

Bid Item 8-9: Construct 4” Thick AC Base Course (PG 64-28); Construct 2” Thick Rubberized Hot Mix Asphalt (RHMA-G)
Asphalt Concrete shall meet the requirements of Section 39 of Caltrans Standard Specifications except for the addition of the following:

The asphalt concrete design mix shall be submitted for approval a minimum of two weeks prior to start of construction.

Page 284 of 885 ends

108
Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East Manhole frames and valve covers will be adjusted to grade prior to paving. Manhole and valve concrete collars and frames and covers shall be covered and protected during the pavement placement.

Tarpaulins shall be used to cover all loads when directed by the Engineer.

All screed extensions for paving machines shall be provided with a tamper, roller, or other suitable compacting devices.

Automatic grade and slope control shall be used for overlays. All joints shall be sealed after rolling.

Grade and slope references shall be furnished, installed, and maintained by the Contractor. The Contractor shall use a ski device, the minimum length of the ski device shall be 10 m (30 ft.).

The ski device shall be a rigid one-piece unit and the entire length shall be utilized in activating the sensor. The Contractor may use a laser to control the screed.

When placing the initial mat of asphalt concrete on existing pavement, the end of the screed nearest the center line shall be controlled by a sensor activated by a skidevice not less than 10 m (30 ft.) long. The end of the screed farthest from center line shall be controlled by an automatic transverse slope device set to reproduce the cross slope approved by the Engineer or as indicated on the plans or as controled by the lip of gutter.

When paving contiguously with previously placed mats, the end of the screed adjacent to tlre previously placed mat shall be controlled by a sensor that responds to the grade of the previously placed mat and will reproduce the grade in the new mat within a 3 mm (0.01 ft.) tolerance. The end of the screed farthest from the previously placed mat shall be controlled in the same manner as when placing the initial mat.

Should the automatic screed controls fail to operate properly during any day's work, the Contractor may use manual control of the spreading equipment for the remainder of that day; however, the equipment shall be corrected or replaced with alternative automatically controlled equipment conforming to the requirements in this section before starting the next day's work.

Should the methods and equipment furnished by the Contractor fail to produce a layer of asphalt concrete conforming to the requirements, including straightedge tolerance, of Subsection 302-

5.6.2, "Density and Smoothness," of the Standard Specifications, the paving operation shall be discontinued and the Contractor shall modify his equipment or furnish substitute equipment.

The Contractor shall schedule his paving operations such that each layer of asphalt concrete is placed on all contiguous lanes of a traveled way each work shift. At the end of each work shift, the distance between the ends of the layers of asphalt concrete on adjacent lanes shall not be greater than 10 ft. (3 m) nor less than 5 ft. (1.52m). Additional asphalt concrete shail be placed along the transverse edge at the end of each lane and along the exposed longitudinal edges between adjacent lanes, hand raked, and compacted to form-temporary conforms. Kraft paper, or

Page 285 of 885 ends

109
Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East other approved bond breaker, may be placed under the conform tapers to facilitate the removal of the taper when paving operations resume.

The asphalt concrete will be place in two lifts. The asphalt lifts will be as follows: base paving (bottom course)shall be 2.0”thick compacted in place, second lift shall be 2.0”thick compacted in place. Tack Coat shall be applied to base course prior to final cap (Top Course) per Section 39-

2.02C of Caltrans Standard Specifications. Asphalt concrete base course shall have 3/4” maximum medium material for base course.

Payment. “Asphalt Concrete Base Couarse” shall be paid per ton (TN). Payment shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in completing said items of work, in place. No additional compensation will be allowed.

The Contractor shall furnish a sufficient number of rollers to obtain the specified compaction and surface finish required by the Standard Specifications.

Pneumatic rollers shall be required.
lnitial breakdown compaction shall consist of a minimum of three (3) coverages of a layer of asphalt mixture. A pass shall be a movement of rolling in both directions over the same path. A coverage shall consist of as many passes as are necessary to cover the entire width being paved.

Overlap between passes during coverage, made to ensure compaction without displacement of material in accordance with good rolling practice, shall be considered to be part of the coverage being made and not part of a subsequent coverage.

Each coverage shall be completed before subsequent coverages are started.

The completed surfacing shall be thoroughly compacted, smooth and free from ruts, humps, depressions or irregularities, Any ridges, indentations or other obiectionable marks left in the surface of the asphalt concrete shall be eliminated by rolling or other means. The use of any equipment that leaves humps, ridges, irregularilies, indentations or other objectionable marks in the asphalt concrete shall be discontinued, and acceptable equipment shall be furnished by the Contractor.

The transverse slope of the finished surface shall be uniform to a degree such that no depressions greater than 3 mm (0.01 ft.) are present when tested with a straightedge 3 m (10')long, laid in a direction transverse to the center line.
lf the test results for any lot of asphalt concrete indicate that the relative compaction is below

95.0 percent (95%), the Contractor will be advised that he is not attaining the required relative compaction and that his materials, procedures, or both, need adjustment. Asphalt concrete spreading operations shall not continue until the Contractor has notified the Engineer of the adjustment that will be made in order to meet the required compaction.

Page 286 of 885 ends

110
Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East Before placing the top layer adjacent to cold transverse construction joints, the joints shall be trimmed to a vertical face and to a neat line. Longitudinal joints shall be trimmed to a vertical face and to a neat line if the edges of the previously laid surfacing are, in the opinion of the Engineer, in such condition that the quality of the completed joint will be affected. Longitudinal and transverse joints shall be tested with a 3 m (10') straightedge and shall be cut back as for surface smoothness. Connections to existing surfacing shall be feathered to conform to the provisions for smoothness.

Longitudinal joints in the top layer shall correspond with the edges of proposed traffic lanes (striping). Longitudinal joints in all other layers shall be offset not less than 0.5 foot alternately each side of the edges of traffic lanes. All feathered joints shall be sealed after rolling.

Asphalt concrete surface shall have 1/2” maximum of medium material for cap.

Payment. “Construct 2” Thick Rubberized Hot Mix Asphalt (RHMA-G)” shall be paid per ton (TN). Payment shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in completing said items of work, in place. No additional compensation will be allowed.

Bid Item 10: Construct Concrete Median Island Curb Per Caltrans Standard Plan No.

A87A, Type D-4
201-1.1.1 General. Add the following:

All PCC construction work shall conform to Sections 201 and 303-5 of the "standard Specifications for Public Works Construction".

Items including concrete curb and median island shall be constructed in accordance with the standards and details as shown on the plans and in conformance with Section 201 and 303-5 of the Standard Specifications and the following Technical Specifications.

Verify with City location of colored concrete areas.
201-1.1.2 Concrete Specified by Class and Alternate Class.

The same brand, type and source of cement and aggregate shall be used for all Portland Cement Concrete. All concrete used on the project shall be 520-C-4000. Type V cement shall be used. 303-5.2 Forms. Add the following:

When PCC work adjoins asphalt concrete pavement, the contractor shall neatly sawcut and excavate the asphalt a minimum of 1(one) foot from the existing and future PCC and a minimum of 6 (six) inches deep in order to set forms. This excavation shall be repaired to grade with asphalt concrete, full-depth in two lifts minimum. Each lift shall be compacted to 95% relative compaction. Payment for this excavation and repair shall be considered as part of the PCC construction, and no additional compensation shall be allowed. An option for PCC work adjoining asphalt shall be for contractor to neatly sawcut and pin concrete forms directly to asphalt. Asphalt

Page 287 of 885 ends

111
Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East shall be neatly sawcut and removed without spalls or tagged edges, concrete islands shall be straight and true grades elevations and form.
303-5.3 Placing Concrete. Add the following:

Sub-grade materials shall be compacted to a minimum relative compaction of 95 percent in driveway where vehicular access is allowed and a minimum relative compaction of 90 percent beneath sidewalks and pedestrian access area. All Concrete shall be a minus of 560-C-3250.

PCC median island shall be constructed on top of a 6" thick layer of clean class 2 Aggregate Base compacted to 95% compaction relative to maximum.

Curb and median island shall be replaced within three (3) calendar days. The Asphalt Concrete patch (Full-Depth AC Repair) shall be placed within two (2) working days after the curb and median islans. Removal of all sidewalks shall be replaced within three (3)calendar days. 303-5.5.2 Curb. Add the following:

PCC curb & median island construction shall conform to Caltrans Standards or Details provided on the construction plans. Locations as indicated of each type on the plans or to match existing and the Standard Specifications Section 303-5 “Curb”.

Payment. Payment shall be on a unit price basis per square foot (SF) for “Construct Concrete Median Island Curb Per Caltrans Standard Plan No. A87A, Type D-4”. The unit price shall include full compensation for forms, expansion joints, and details, finishing and curing and shall include full compensation for furnishing all labor, materials, equipment, and doing all work involved in placing the concrete as detailed on the Plans, and no additional compensation will be allowed therefore.

Bid Item 11: Signing and Striping
Traffic Striping, curb and pavement markings and pavement markers shall be per Caltrans Standard Plans and Standard Specifications except for the addition of the following and as indicated on the plans.
314-2 Removal of Traffic Striping and Curb and Pavement Markings. 314-2.1 General. Add the following:

The Contractor shall be required to inventory and tie down all existing striping prior to performing any construction activities that would affect the existing striping. Failure to perform the required documentation of the existing striping shall not relieve the Contractor from the responsibility of

Page 288 of 885 ends

112
Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East accurately replacing the existing striping to the satisfaction of the City’s Representative and all related costs shall be borne by the Contractor.

Nothing in these Technical Specifications shall relieve the Contractor from its responsibilities as provided in Subsection 5-7, "Safety", of the Standard Specifications for Public Works Construction.

Remove Existing Pavement Markings and Pavement Markers:

Raised pavement markers and existing thermoplastic markings and paint shall be removed from the existing pavement prior to the application of new markings or markers or as directed by the City’s Representative.
314-4 Application of Traffic Striping and Curb and Pavement Markings. Add the following:

The Contractor shall furnish and apply traffic stripes and pavement markings as shown on the plans and as directed by the Owner’s Representative. Placement of striping and markings shall conform to the requirements of Section 84 “Markings” of the State of California Standard Specifications, latest edition, and these Technical Specifications.

All pavement striping, centerlines, edge lines, fog lines, pavement markings, limit lines, arrows, stenciled words, crosswalks, etc. shall be thermoplastic material.

Thermoplastic materials for the pavement stripes and markings will be furnished by the contractor, including paint for cat tracks and dribble lines and stencils for pavement markings.

Paragraphs 1 and 2 of Subsection 84-1.01, "Description", are amended to read: This work shall consist of applying traffic lines and pavement markings at the locations and in accordance with the details shown on the plans or designated by the Owner’s Representative, and as specified in these Technical Specifications and the Technical Specifications. 314-4.2 Control of Alignment and Layout. Add the following:

All traffic striping layout alignments shall not vary more than 1/2 inch in 50 feet from the alignment shown on the plans. The Contractor shall mark, or otherwise delineate, the new traffic lanes and pavement markings before leaving the site on the same day he covers or grinds the existing striping and markings. No street shall be left without the proper striping when open to the public.

Paragraph 1 of Subsection 84-1.02, "Control of Alignment and Layout", is amended to read:

The Contractor shall perform all layout, alignment and spotting, which will consist of existing strips or control points spaced at 200 feet on tangents and 50 feet on curves and tapers. 314-4.3.5 Application. Add the following:

The kind of material to be applied will be as designated in the Caltrans Standard Specifications, Section 84, specified in the Technical Specifications, or shown on the plans.

Page 289 of 885 ends

113
Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East 314-4.5 Tolerances and Appearance. Add the following:

Drips, over-spray, improper markings and paint material tracked by traffic shall be immediately removed from the pavement surface by methods approved by the Owner’s Representative. 314-4.6 Protection from Damage. Add the following:

Newly placed traffic stripes and pavement markings shall be protected from damage by public traffic or other causes until the paint is thoroughly dry. 314-5 Pavement Markers. Add the following:

Pavement markers shall conform to the provisions in Section 84, “Markings”, of the State of California Standard Specifications and these “Technical Specifications”, and as approved by the Owner’s Representative.

A blue RPM shall be placed in the street at each fire hydrant location per CAMUTCD, Rev. 5, Section 3B.11, Standards 18-21 and the direction of the Owner’s Representative.

Payment. The contract unit bid price per lump sum (LS) for “Signing and Striping” shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in inventorying and tying down all existing striping, preparing and cleaning pavement surface, placing temporary striping, permanent striping, legend markings, arrows, raised pavement markers, etc. as shown on the plans, as specified in the State of California Standard Specifications per these specifications, and as directed by the City’s Representative, and no additional compensation will be made therefore.

Bid Item 12: Storm Water Pollution Prevention Plan and Best Management Practices Storm Water Pollution Prevention Plan and Best Management Practice shall comply with Part 3 of the Standard Specifications except for the addition of the following.

Payment. The contract lump sum price bid for “Storm Water Prevention Plan” shall include for implementation and maintenance of BMPs.

PLANS AND DRAWINGS
Project Plans For Construction in
San Bernardino County in Twentynine Palms
State Route 62 Improvement Project from Encelia Avenue to 600’ East to be supplemented by Caltrans standard plans dated 2018

Page 290 of 885 ends

STAFF REPORT
TO: City Council
FROM: City Manager
FOR MEETING: Nov 08 2022
SUBJECT: Luckie Park Pool Rehabilitation Grant Application.

RECOMMENDATION:

The City Council approve Resolution No. 22-___ for a grant application for the Luckie Park Pool rehabilitation from the State of California Department of Parks and Recreation, and authorize the City Manager to negotiate and submit all documents necessary for the project.

ORDER OF PROCEDURE:

Request Staff Report (City Manager Presenting)
Council Questions of Staff
Request Public Comment
Council Discussion
Motion/Second
Discussion of Motion
Call the Question
ATTACHMENTS:
• 22-23 Specified Resolution 22-
BACKGROUND:

The pool was built in the mid-1950s. Originally, the pool was larger, but another pool was installed inside the original pool to stop a leak. The last major upgrade to the pool was in 2006. Tile was upgraded in the restrooms, new toilets, new roof, deck, pool resurface, electrical panel upgrade, and the main drain cover replaced. In 2011, the City rehabilitated the filtration system, but did not include piping, which needs upgrading. In 2013, an ADA Pool lift was purchased and installed, along with new shade covers. In 2020, we had an underground leak detected and repaired. The current pool lacks the technology for an efficient operation, along with regulatory mandates. It is time for the pool to be replaced.

With the additional funding from American Rescue Plan Act (ARPA), the project turned from a rehabilitation project to a full demo and rebuild so then appeared to be at $3.8M, including soft costs, from Tilden Coil's initial analysis (December 2021). Then in January 2022, Tilden Coil recommended additional funding due to the inflationary bidding environment along with Council adding the gutter system to the pool to make it more competitive for High School CIF competition. Given the current bidding market that has hyperinflation, the City had an actual bid opening on June 2, 2022, that drove the cost to $6.2M. Not only will the City demo the current pool and rebuild the pool, but also rebuild the chemical building and bathrooms. Also with this rehabilitation, the City will be in compliance with the current standards with County Public Health.

The City requested $1,300,000 in grant funds from the State of California Department of Parks and Recreation for the rehabbing and complete reconstruction of the Luckie Park Pool and also awarded this money in the 22/23 State Budget sponsored by Assembly Member Mayes. The first step in the process is to pass and submit the attached resolution to the Office of Grants and Local Services accepting the funds by no later than December 31, 2023. Page 291 of 885
Here is the breakdown of the funding sources for this project.

1. American Rescue Plan Act (ARPA) Funding - $2.4M

2. Community Development Block Grant (CDBG) - $230K for pool deck only

3. State of California Department of Parks and Recreation - $1.3M

4. City reserves - $2.2M

5. Current year surplus - $84K
ENVIRONMENTAL:

Not Applicable, repairing existing facility per Section 15301 (d).

ALTERNATIVES:

The City Council could choose not to approve the Resolution and forgo the grant application.

FISCAL IMPACT:

If awarded, the grant would provide funding of $1.3M to rehab the Luckie Park pool.

Page 292 of 885 ends

CITY OF TWENTYNINE PALMS

CITY COUNCIL
Resolution No: 22-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TWENTYNINE PALMS,

CALIFORNIA, APPROVING APPLICATION(S) FOR SPECIFIED GRANT FUNDS FROM BUDGET ACT 2022/23
(2022/23 California State Budget, Chapter 249/2022, Item Number 3790-101-001, Section 19.56 (9) (b) (1) (I) $1,300,000 to the City of Twentynine Palms for the rehabbing and complete reconstruction of its community pool.) WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility by the Legislature of the State of California for the administration of a grant to the City of Twentynine Palms, setting up necessary procedures governing application(s); and
WHEREAS, said procedures established by the State Department of Parks and Recreation require the applicant’s Governing Body to certify by resolution the approval of project application(s) before submission of said applications to the State; and WHEREAS, the applicant will enter into a contract with the State of California to complete project(s);
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Twentynine Palms, California, hereby:

1. Approves the filing of project application(s) for specified grant project(s); and

2. Certifies that said applicant has or will have available, prior to commencement of project work utilizing specified grant funds, sufficient funds, including those provided by this grant, to complete the project; and

3. Certifies that the applicant has reviewed, understands, and agrees to the General Provisions contained in the contract shown in this Procedural Guide; and

4. Delegates the authority to the City Manager, or designee to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the project scope(s); and

5. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines.

Page 293 of 885 ends

PASSED, APPROVED AND ADOPTED the _____day of ______________, 2022. _________________________
Karmolette O’Gilvie, Mayor
ATTEST:
________________________________
Cindy Villescas, CMC, City Clerk
I, the undersigned, hereby certify that the foregoing Resolution No. 22-___ was duly adopted by the City Council of the City of Twentynine Palms at a regular meeting thereof, held on the 8th day of November 2022, following a roll call vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
______________________________
Cindy Villescas CMC, City Clerk

Page 294 of 885 ends

STAFF REPORT
TO: City Council
FROM: Finance Director
FOR MEETING: Nov 08 2022
SUBJECT: Treasurer's Report - FY 2022/23 Quarter 1.

ATTACHMENTS:
• TREASREP 9.30.22
• CD Report 9.30.22

Page 295 of 885 ends

City of Twentynine Palms
Treasurer's ReportSeptember 30, 2022
Interest Market Percent
Depository Term Matures Rate Amount Value of TotalPetty Cash and Cash on Hand On Hand N/A $740 $740 0.00%PPBI Bank Checking Account Demand 0.00% $2,396,056 $2,396,056 12.29%PPBI Bank - Successor Agency Demand 0.00% $3,844 $3,844 0.02%Local Agency Investment Fund Demand 1.35% $11,788,350 $11,561,553 59.29%Cerfificate of Deposit 2.86% $4,676,000 $4,513,042 23.14% Total City Funds $18,864,990 $18,475,235 94.74%Funds Held in Trust:Cash With Fiscal Agent (Project Phoenix) $1,025,594 $1,025,594 5.26%Total Funds in the Treasurer's Custody $19,890,584 $19,500,829 100.00%NOTES:1) All the above investments are in compliance with the City's Investment Policy.2) The City has sufficient funds to meet its expenditure requirements for the next six months.Prepared by: Abigail Hernandez CondeDate: 10/18/22

Page 296 of 885 ends

City of Twentynine Palms RMB033895
Account eCD70981Report Name Position Report Export
Executed 9/30/2022
Issuer Settle Date Maturity Date Principal Payment Frequency Rate Interest Earned AMERICAN EXPRESS 6/29/2022 6/29/2027 $245,000.00 Monthly 3.40% $684.66AUSTIN TELCO FED CR 9/21/2022 9/21/2027 $249,000.00 Monthly 3.80% $259.23 BEAL BK USA LAS 3/2/2022 2/24/2027 $245,000.00 Semi Annual 2.05% $412.81 CAPITAL ONE BK USA 5/11/2022 5/11/2027 $246,000.00 Semi Annual 3.20% $647.02 CAPITAL ONE NATL 4/27/2022 4/27/2027 $245,000.00 Semi Annual 2.90% $583.97 COBALT FED CR UN 9/15/2022 9/15/2027 $249,000.00 Monthly 3.60% $392.94 CREDIT UN OF TEX 9/14/2022 9/15/2025 $245,000.00 Semi Annual 3.60% $416.50 DISCOVER BK 5/18/2022 5/19/2027 $246,000.00 Semi Annual 3.20% $647.01 FIRST INTERNET BK 9/28/2022 9/25/2025 $249,000.00 Monthly 4.00% $81.86 FIRST TECHNOLOGY FED 7/15/2022 7/15/2027 $249,000.00 Monthly 3.60% $736.77 LAFAYETTE FED CR UN 5/25/2022 5/25/2027 $245,000.00 Monthly 3.25% $654.45 METRO CR UN CHELSEA 7/13/2022 1/12/2024 $240,000.00 Monthly 3.10% $611.51 MORGAN STANLEY 10/3/2019 10/3/2024 $245,000.00 Semi Annual 1.95% $392.67 MORGAN STANLEY BK N 9/15/2022 9/15/2026 $245,000.00 Semi Annual 3.60% $386.63 SALLIE MAE BK SALT 2/22/2018 2/22/2023 Sold Semi Annual 2.80% $563.84 STATE BK INDIA NEW 3/10/2022 3/10/2027 $245,000.00 Semi Annual 2.20% $443.01 SYNCHRONY BK RETAIL 7/29/2022 7/29/2025 $245,000.00 Semi Annual 3.40% $684.65 TOYOTA FINL SVGS BK 9/16/2022 9/16/2027 $245,000.00 Semi Annual 3.60% $362.47 TTCU FED CR UN TULSA 9/30/2022 9/29/2023 $249,000.00 Monthly 0.00% $0.00 QUORUM FED CR UN PUR 9/30/2022 9/30/2026 $249,000.00 Monthly 0.00% $0.00 Totals $4,676,000.00 2.86% $8,962.00

Page 297 of 885 ends

Page 298 of 885 ends

STAFF REPORT
TO: City Council
FROM: City Engineer
FOR MEETING: Nov 08 2022
SUBJECT: Triennial Calfornia Building Code Publication: Resolution No. 22-___ ; 2022 California Building Code Adoption, Ordinance No. ____.

RECOMMENDATION:

The City Council conduct the Public Hearing, adopt Resolution No. 22-____ and introduce Ordinance No. _____, repealing Section 18.01, California Code of Regulation, of Title 18 of the City of Twentynine Palms Municipal Code.

ORDER OF PROCEDURE:

Request Staff Report (Building Inspector Presenting)
Council Questions of Staff
Open the Public Hearing
Receive Public Comment
Close the Public Hearing
Council Discussion
Motion/Second
Discussion of Motion
Call the Question (roll call vote)
ATTACHMENTS:
• Building Codes Ordinance No.
301
• Building Codes Reso No. 22-
26 BACKGROUND:

The 2022 Building Code includes the following changes that will have impact:
* California Electrical Code, 2022 Edition
*Adopted with minimal amendment.
* California Plumbing Code, 2022 Edition
* Adopted with minimal amendment.
* California Mechanical Code, 2022 Edition
* Adopted with minimal amendment.
* California Energy Code 2022 Edition. Adopted with mandatory requirements. * New electric ready requirements for space heating, cooking, and clothes drying when gas equipment is installed which require installation wiring and dedication of breaker spaces for future electric powered replacement equipment.
* California Residential Code 2022 Edition
* Adopted with minimal amendment.
* California Fire Code 2022 Edition
* California Green Building Standards Code 2022 Edition * Adopted with minimal amendment.

Page 299 of 885 ends

The 2022 Building Code includes the following changes that will impact commercial and industrial construction projects.
* California Building Code, 2022 Edition
* Adopted with minimal amendment.
* California Electrical Code, 2022 Edition
*Adopted with minimal amendment.
* California Plumbing Code, 2022 Edition
*Adopted with minimal amendment.
*California Mechanical Code, 2022 Edition
*Adopted with minimal amendment.
*California Energy Code 2022 Edition
*Adopted with minimal amendment.
* California Green Building Standards Code 2022 Edition * Expanded EV charging infrastructure for additions and alterations triggered when new parking facilities are added, or electrical systems or lighting of existing parking facilities are added or altered, and the work requires a building permit. The new regulation requires that 10 percent (10%) of the total number of parking spaces being added or altered be EV capable to support future Level2 EVSE.

ENVIRONMENTAL:

N/A
ALTERNATIVES:

The 2022 codes become state law as of January 1, 2023. Failure to amend and adopt would forfeit option of local amendment based on climactic, geographic, and topographic conditions.

FISCAL IMPACT:

Fiscal impacts to a builder will be based upon construction type and structure size, and those costs cannot be determined except on a case-by-case basis.

Page 300 of 885 ends

CITY OF TWENTYNINE PALMS

CITY COUNCIL
ORDINANCE NO. _____

AN ORDINANCE OF THE CITY COUNCIL, OF THE CITY OF TWENTYNINE PALMS, CALIFORNIA, ADOPTING BY REFERENCE, AND AMENDING PART 1 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 2019 CALIFORNIA ADMINISTRATIVE CODE; PART 2 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 2022 CALIFORNIA BUILDING CODE VOLUMES 1 AND 2, WITH APPENDICES, F G, H, I, J N AND CHAPTER 1 DIVISION II; PART 2.5 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 2022 CALIFORNIA RESIDENTIAL CODE, WITH APPENDICES; PART 3 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 2022 CALIFORNIA ELECTRICAL CODE; PART 4 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 2022 CALIFORNIA MECHANICAL CODE; PART 5 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 2022 CALIFORNIA PLUMBING CODE, WITH APPENDIX H; PART 6 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 2022 CALIFORNIA ENERGY CODE; PART 8 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 2022 CALIFORNIA HISTORIC BUILDING CODE; PART 9 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 2022 CALIFORNIA FIRE CODE WITH APPENDIX CHAPTER 4, APPENDICES B, BB, C, CC, D ,E ,F ,G ,H, I, N AND O ; PART 10 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 2022 CALIFORNIA EXISTING BUILDING CODE; PART 11 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE; PART 12 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 2022 CALIFORNIA REFERENCED STANDARDS CODE; THE 2021 EDITION OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE AND APPENDIX H; THE 2021 EDITION OF THE

UNIFORM CODE FOR SOLAR ENERGY INSTALLATIONS, WITH APPENDICES THERETO, INCLUDING AMENDMENTS, ADDITIONS AND DELETIONS; AND AMENDING

THE TWENTYNINE PALMS MUNICIPAL CODE
WHEREAS, Title 18 of the Municipal Code (the “Code”) of the City of Twentynine Palms (the “City”) has provided minimum standards to safeguard life or limb, health, property and public welfare by regulating the construction, quality of materials, use, and occupancy, location and maintenance of all buildings and structures within this jurisdiction and certain equipment; and
WHEREAS, Title 18 - Building and Construction has not been comprehensively updated since January 1, 2019; and
WHEREAS, it is deemed to be in the best interest of the City to update and amend a portion of Title 18 of the Code to incorporate the newly adopted standards adopted by the State of California Building Standards Commission and to account for the new building construction standards; and
WHEREAS, the 2022 California Building Standards Code, contained in the California Code of Regulations, Title 24, parts 1-12, incorporate public health, life safety, and general welfare standards used in the design and construction of buildings in California. The California codes incorporate the latest national standards for construction, including the 2021 International Building Code, the 2021 International Residential Code, the International Fire Code, the 2020 National Electrical Code, the 2021 Uniform Plumbing Code, the 2021 Uniform Mechanical Code and the California Green Building Standards Code; and

Page 301 of 885 ends

WHEREAS, the City also desires to make certain amendments to the above State codes based on local climatic, geologic and topographic conditions as outlined in the resolution accompanying this ordinance; and
WHEREAS, Government Code Section §50022.1, et seq., provides that ordinances and codes of the Federal, State, or any agency of either of them, may be adopted by reference, provided that prior to such adoption by reference a notice public hearing has been held.

NOW, THEREFORE, The City Council of the City of Twentynine Palms does ordain as follows:

SECTION 1. Section 18.01 of the Twentynine Palms Municipal Code, “Findings”, is hereby repealed in its entirety and restated as follows:
(a) Government Code sections 50022.1 et. Seq., provide that ordinances and codes of the federal, state or any agency of either of them may be adopted by reference, provided that prior to such adoption by reference a noticed public hearing has been held.
(b) Pursuant to Section 17958.5 of the Health and Safety Code of the State of California, The City Council of the City of Twentynine Palms hereby finds that the amendments of the building standards contained in the California Building Code, Volumes 1, 2, 2019 Edition are necessary do to:
(1) Local Climatic Conditions.
(A) The City is subject to extremely strong winds, commonly known as “Santa Ana Winds” which can reach speeds in excess of 90 miles per hour. Extensive damage frequently accompanies these winds, such as blowing sand and debris, downed power lines, fallen trees, overturned vehicles and structural damage to buildings. These conditions result in increased demand for fire services, blocked or delayed emergency vehicle access and impaired water supplies and building emergency systems.
(B) During the summer months, the Santa Ana Winds may produce periods of extremely low humidity, thereby reducing the fuels moisture and increasing the possibility and severity of fire from dry vegetation and other common combustibles.
(C) During the summer months, much of the City experiences prolonged periods of temperatures in excess of 100°F. When coupled with sustained severe Santa Ana Winds, an increase in the threat from rapidly moving wildfires exists.
(D) During the winter months, heavy rains routinely cause damage to roadways rendering them completely impassible, or with limited access, sometimes for extended periods.
(E) During winter months, heavy snow and ice conditions exist in the mountain areas resulting in increased demand for fire services and limiting or delaying emergency vehicle access. In some cases, emergency vehicle access roads are completely impassible, or have limited access, sometimes for extended periods.

Page 302 of 885 ends

(2) Local Geological Conditions.
(A) The City is subject to moderately strong to severe shaking and surface ruptures resulting from known earthquake faults located within or near the City.

These local earthquake faults have the potential to cause severe personal and property damage, utility interruptions, fire hazards and hazardous materials releases. Additionally, significant roadway, bridge structure, water supply and communications systems are subject to failure, thereby causing a detriment to emergency services response.
(B) Unstable slopes in several areas throughout the City have experienced soil movement as a result of heavy or soaking rains, resulting in damage to roadways, structures and utilities.
(C) Some desert areas of the City have limited aquifers, exceptionally deep aquifers or aquifers providing only brackish or contaminated water supplies.

These limits, or in some cases eliminates, water supplies available for firefighting purposes.
(3) Local Topographical Conditions.
(A) The City encompasses an area with limited access routes connecting valley, mountain and desert areas. This distance, combined with these limited access routes, results in delays in the reallocation of resources to emergency scenes. (B) The topography of the City is exceptionally diverse, ranging from relatively flat desert and valley areas, to foothill areas, and canyon areas. This results in some areas that are inaccessible to radio communications, which hampers emergency response capabilities.
(C) The diverse topography of the City results in many areas having limited, unreliable or unavailable water supplies available for firefighting purposes. (c) Copies of these codes and standards were filed with the office of the City Clerk fifteen days prior to the noticed hearing.
(d) A noticed public hearing shall be held by the City Council, at which time all interested persons had the opportunity to appear and be heard on the matter of adopting by reference the current editions of certain model codes, as follows:

California Building Code, 2022 Edition, Volumes 1, 2 with Appendix F, G, H, I, J, N California Residential Building Code, 2022 Edition with Appendices California Mechanical Code, 2019 Edition with Appendix and Standards California Plumbing Code 2019 Edition with Appendix H
California Electrical Code, 2022 Edition California Green Building Code, 2022 Edition California Energy Code, 2022 Edition California Historic Building Code, 2022 Edition California Fire Code, 2022 Edition
California Administrative Code, 2022 Edition 2021 International Property Maintenance Code
(e) Pursuant to Section 17958.5 of the Health and Safety Code of the State of California, The City Council of the City of Twentynine Palms hereby finds that the amendments of the building standards contained in the California Building Code, Volumes 1, 2, 2022 Edition are necessary do to past earthquakes (Landers 1992) and the inherent run off problems incurred with severe thunderstorm activity and flooding due to the City’s desert location.” Page 303 of 885
SECTION 2. Section 18.01.020 of the Twentynine Palms Municipal Code, “Building Code Adopted; Amendments”, is hereby repealed in its entirety and restated as follows:
(a) Building Code Adopted: Except as hereinafter provided, the California Building Codes, 2022 Edition, Volumes 1, & 2 published by the International Codes Council.

All California Building Code Appendix Chapters with the exception of Appendix Chapters F, G, H, I, J, N; Elevator Safety Code Title 24 part 7 for Elevators and Escalators, Society of Mechanical Engineers; Structural Welding Code-Reinforcing Steel, AWS D1.4- 92 (UBC Standard No.19-2); Structural Welding Code-Steel, ANSI/AWS D1.1-84 (UBC Standard No.27-6) and Structural Welding Code-Sheet Steel, ANSI/AWS D1.3-81 (UBC Standard No. 27-13) published by the American Welding Society; as modified or amended in the California Building Code referenced herein; is hereby adopted by reference as the Building Code of the City of Twentynine Palms for regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment use, height area, maintenance of all buildings or structures in the City of Twentynine Palms providing for the issuance of all permits and collection of fees therefore; and each and all of the regulations, provisions, conditions and terms of such California Building Code, 2022 Edition, Volumes 1, 2, , published by the International Code Council above, except as amended herein, all of which are on file in the office of the City Clerk, City of Twentynine Palms are hereby referred to, adopted and made part hereof as if fully set out in this ordinance.

A copy of the Building Code of the City of Twentynine Palms shall be maintained in the office of the City Clerk in the City of Twentynine Palms and shall be made available for public inspection while this code is in force. (b) Building Code Amended: The 2022 California Building Code as adopted by referenced herein is amended as follows:
(1) The California Building Code, Chapter 1, Division II, Section 104.8, “Liability”, is hereby amended to read as follows:

The Building Official, or his authorized representative charged with the enforcement of this Code and the technical codes, acting in good faith and without malice in the discharge of his duties, shall not thereby render himself personally liable for any damage that may accrue to persons or property as a result of any act or by reason of any act or omission in the discharge of his duties.

Such Codes shall not be construed to relieve from or lessen the responsibility of any person owning, operating or controlling any building, structure or building service equipment therein for any damages to persons or property caused by defects, nor shall the code enforcement agency or its parent jurisdiction be held as assuming any such liability by reason of the inspection authorized by this code or any permits or certificates issued under this code.
(2) California Building Code Chapter 1, Volume 1, Section 109, “Fees”, shall be amended to read as follows:
(A) All fees shall be as set forth in the most recent resolution of the City Council regarding fees for building, plumbing, mechanical, electrical, elevator and grading permits and plan review. Page 304 of 885
(3) California Building Code Chapter 15, Volume 1, Section 1505.1, “Roof Covering Requirements”, is hereby amended by addition of the following sentence:

The roof covering on any structure regulated by this Code shall be Class “A” as classified in Section 1505.2. Exception: Repairs of and additions to existing structures which requires the replacement or addition of 25% or less of the total roof area may be made using material matching the existing roof. (4) Sections J101.3, “Grading Design”, and J110.1, “Erosion Control”, of California Building Code Appendix J, “Excavation and Grading”, is hereby restated to read as follows:
(5) Grading Designation
Grading in excess of 2500 cubic yards shall be performed in accordance with the approved grading plan prepared by a civil engineer and shall be designated “engineered grading.” Grading involving less than 2500 cubic yards shall be designated “regular grading” unless the City Engineer determines that special conditions or unusual hazards exist, in which case grading shall conform to the requirements for engineered grading.’
(6) Erosion Control
(A) Erosion control shall be indicated on all grading plans and implemented based upon the best management practices in the most recent editions of Erosion and Sediment Control Field Manual, Fourth Edition, California Regional Water Quality Control Board, San Francisco Bay Region, 2002; Stormwater Best Management Practices Handbook – Construction, California Stormwater Quality Association, January 2015; and Construction Site Best Management Practices (BMP) Manual, State of California, Department of Transportation.
(7) California Building Code Chapter 18, Volume 2, is hereby amended by addition of the following Section 1802.1.1.1, “Soils and Foundation” which reads:

The City Engineer may require an engineering geology or geotechnical engineering report, or both, where in his opinion such reports are essential for the evaluation of the safety of the site. The engineering geology or geotechnical engineering report, or both shall contain a finding regarding the safety of the building site for the proposed structure against hazard from landslide, settlement, or slippage and a finding regarding the effect that the proposed building or grading construction will have on the geologic stability of property outside the building site. Any engineering geology report shall be prepared by a certified engineering geologist licensed by the State of California. Any geotechnical engineering report shall be prepared by a civil engineer qualified to perform this work, such as a geotechnical engineer experienced in soils mechanics. When both an engineering geology and geotechnical engineering report are required for the evaluation of the safety of the site, the two reports shall be coordinated before submission to the City Engineer.” SECTION 3. Section 18.01.030 of the Twentynine Palms Municipal Code, “Residential Building Code Adopted”, is hereby repealed in its entirety and restated as follows:
(a) Residential Building Code Adopted by Reference. Except as hereinafter provided, with the acceptation of appendices AA, AB, AC, AD, AE, AF, AG, AI, AK, AL, AN, Page 305 of 885 AP, AO, AR, AS, AT, AU, AV, AW & AY the Residential Code, 2022 Edition, published by the International Code Council is hereby adopted by reference as the Residential Building Code of the City of Twentynine Palms. A copy of the California Residential Building Code, 2022 Edition, shall be maintained in the office of the City Clerk of the City of Twentynine Palms and shall be made available for public inspection while this Code is in force.

SECTION 4. Section 18.01.040 of the Twentynine Palms Municipal Code, “Electrical Code Adopted”, is hereby repealed in its entirely and restated as follows:
(a) Electrical Code Adopted by Reference. Except as hereinafter provided, the California Electrical Code, 2022 Edition, published by the National Fire Protection Association is hereby adopted by reference as the Electrical Code of the City of Twentynine Palms. A copy of the California Electrical Code, 2022 Edition, shall be maintained in the office of the City Clerk of the City of Twentynine Palms and shall be made available for public inspection while this Code is in force. (b) Electrical Code Amended. The Administrative Provisions governing the California Electrical Code, 2022 Edition, Annex H including violation and penalty provisions shall be as set forth in Section 14 of this Chapter.

SECTION 5. Section 18.01.050 of the Twentynine Palms Municipal Code “Plumbing Code Adopted”, is hereby repealed in its entirety and restated as follows:
(a) Plumbing Code Adopted by Reference. Except as hereinafter provided, the California Plumbing Code, 2022 Edition, published by the Uniform Plumbing Code, and including the installation standards contained in is hereby adopted by reference as the Plumbing Code of the City of Twentynine Palms. A copy of the California Plumbing Code 2022 Edition, including the installation standards shall be maintained in the office of the City Clerk of the City of Twentynine Palms and shall be made available for public inspection while this Code is in force. (b) Plumbing Code Amended. The Administrative provisions of the California Plumbing Code, 2022 Edition, contained in part one of that Code except Sections 101.1, 101.2 101.3 and 101.4 are hereby deleted. The Administrative provisions governing the Plumbing Code, including violation and penalty provisions, shall be as set forth in Section 14 of this ordinance.

SECTION 6. Section 18.01.060 of the Twentynine Palms Municipal Code, “California Existing Building Code”, is hereby repealed in its entirety and restated as follows:
(a) Existing Building Code Adopted by Reference. Except as hereinafter provided, the California Existing Building Code, 2022 Edition, published by the International Code Council is hereby adopted by reference as the Existing Building Code of the City of Twentynine Palms. A copy of the California Existing Building Code, 2022 Edition, shall be maintained in the office of the City Clerk of the City of Twentynine Palms and shall be made available for public inspection while this Code is in force.

SECTION 7. Section 18.01.070 of the Twentynine Palms Municipal Code, “California Historical Building Code Adopted”, is hereby repealed in its entirety and restated as follows:
(a) Historical Building Code Adopted by Reference. Except as hereinafter provided, the California Historical Building Code, 2022 Edition, published by the International Code Council is hereby adopted by reference as the Historical Building Code of the City of Twentynine Palms. A copy of the California Historical Building Code, 2022 Edition, shall be maintained in the office of the City Clerk of the City of Twentynine Palms Page 306 of 885 and shall be made available for public inspection while this Code is in force.

SECTION 8. Section 18.01.080 of the Twentynine Palms Municipal Code, “California Reference Standards Code Adopted”, is hereby repealed in its entirety and restated as follows:
(a) California Reference Standards Code Adopted by Reference. Except as hereinafter provided, the California Reference Standards Code, 2022 Edition, published by the International Code Council is hereby adopted by reference as the California Reference Standards Code of the City of Twentynine Palms. A copy of the California Reference Standards Code, 2022 Edition, shall be maintained in the office of the City Clerk of the City of Twentynine Palms and shall be made available for public inspection while this Code is in force.

SECTION 9. Section 18.01.090 of the Twentynine Palms Municipal Code Mechanical Code Adopted, is hereby repealed in its entirety and restated as follows:
(a) Mechanical Code Adopted by Reference. Except as hereinafter provided, The California Mechanical Code, 2022 Edition, published by the International Association of Plumbing and Mechanical Officials, and is hereby adopted by reference as the Mechanical Code of the City of Twentynine Palms. A copy of the California Mechanical Code, 2022 Edition shall be maintained in the office of the City Clerk of the City of Twentynine Palms and shall be made available for public inspection while this Code is in force.
(b) Mechanical Code Amended. The Administrative provisions of the California Mechanical Code, 2022 Edition, contained in Part I except sections 101 and 102 are hereby deleted. The Administrative provisions governing the Mechanical Code, including violation and penalty provisions, shall be as set forth in Section 14 of this Chapter.

SECTION 10. Section 18.01.100 of the Twentynine Palms Municipal Code “California Green Building Standards Adopted”, is hereby repealed in its entirety and restated as follows:
(a) California Green Building Standards Adopted by Reference. Except as hereinafter provided, the California Green Building Standards, 2022 Edition, published by the California Building Standards Commission is hereby adopted by reference as the Green Building Standards of the City of Twentynine Palms. A copy of the California Green Building Standards, 2022 Edition, shall be maintained in the office of the City Clerk of the City of Twentynine Palms and shall be made available for public inspection while this Code is in force.

SECTION 11. Section 18.01.110 of the Twentynine Palms Municipal Code, California Energy Code Adopted, is hereby repealed in its entirety and restated as follows:
(a) California Energy Code Adopted by Reference. Except as hereinafter provided, the California Energy Code, 2022 Edition, published by the California Building Standards Commission is hereby adopted by reference as the California Energy Code of the City of Twentynine Palms. A copy of the California Energy Code, 2022 Edition, shall be maintained in the office of the City Clerk of the City of Twentynine Palms and shall be made available for public inspection while this Code is in force.

SECTION 12. Section 18.01.120 of the Twentynine Palms Municipal Code, The International Property Maintenance Code, is hereby repealed in its entirety and restated as follows: Page 307 of 885
Except as hereinafter provided the International Property Maintenance Code, 2018 Edition, published by the International Code Council, is hereby adopted by reference as the Housing Code of the City of Twentynine Palms. A copy of the International Property Maintenance Code, 2021 Edition, shall be maintained in the office of the City Clerk for public inspection while this Code is in force.

SECTION 13. Section 8.02.130 of the Twentynine Palms Municipal Code, Amendments Necessary, is hereby repealed in its entirety.

SECTION 14. Current Section, 18.01.140 of the Twentynine Palms Municipal Code, Violations and Penalties, is hereby repealed in its entirety and re-numbered as Section

8.02.130, to read as follows:
(a) Violations and penalties pertaining to violations of this Chapter 8.02 shall be as follows:
(1) Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish or occupy any building, structure or equipment regulated by this Chapter, or cause same to be done, in conflict with or in violation of any of the provisions of this Chapter. (2) Notice of violation. The building official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition or occupancy of a building or structure in violation of the provisions of this Chapter, or in violation of a permit or certificate issued under the provisions of this Chapter. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation.
(3) Prosecution of violation. If the notice of violation is not complied with promptly, the building official is authorized to request the City Attorney to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this code or of the order or direction made pursuant thereto.
(4) Violation penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this code, shall be subject to penalties as prescribed by law. (b) Other Penalties. In addition to the penalties and procedures stated in this Section, the City may enforce the provisions of this Chapter by any other administrative, criminal or civil remedies available to the City under this Code.

SECTION 15. Severability.

If any section, subsection, sentence, clause, phrase or word of this Ordinance is for any reason held to be invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.

The City Council hereby declares that it would have passed and adopted this Ordinance and each and all provisions thereof, irrespective of the fact that any one-off said provisions may be declared invalid. Page 308 of 885
SECTION 16. Processing of Ordinance.

After first reading, this ordinance shall be adopted pursuant to the procedures set forth in Government Code Section 50022.3. To wit, after the first reading of the title of the adopting ordinance and of the title of the code to be adopted hereby the City Clerk is directed to schedule a public hearing thereon. Notice of the hearing shall be published pursuant to Section 6066 in a newspaper of general circulation. The notice shall state the time and place of the hearing. It shall also state that copies of the codes being adopted by reference are on file with the Clerk and are open to public inspection. The notice shall also contain a description which the legislative body deems sufficient to give notice to interested persons of the purpose of the ordinance and the subject matter thereof.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Twentynine Palms, California, held on this 8 day of November, 2022. ___________________________________
Karmolette O’Gilvie, Mayor
ATTEST:
______________________________
Cindy Villescas CMC, City Clerk
APPROVED AS TO FORM:
______________________________
A. Patrick Muñoz, City Attorney
I hereby certify that the foregoing is a true copy of Ordinance No. ____, introduced on the ____ day of ________, 2022 and duly adopted by the City Council of the City of Twentynine Palms in a meeting held on the ____ day of _______, 2022, in Twentynine Palms, California by the following vote, to wit:

AYES: COUNCILMEMBER:

NOES: COUNCILMEMBER:

ABSENT: COUNCILMEMBER:

ABSTAIN: COUNCILMEMBER:
_____________________________
Cindy Villescas CMC, City Clerk

Page 309 of 885 ends

Twentynine Palms City CouncilNovember 8, 2022

Twentynine Palms City Council
November 8, 2022