Twentynine Palms City Council
May 9, 2023

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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.

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

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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.

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

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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
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:

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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. 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.

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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.

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

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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 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,

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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.

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

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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.

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:

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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
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.

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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:

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.

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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 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.

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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 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.

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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.

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

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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.

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

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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 (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.

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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

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SECTION 700 – SPECIAL CONDITIONS

1. FISCAL PROVISIONS
a. All contractual obligations of STATE are subject to the appropriation of resources by the Legislature and the allocation of resources by the California Transportation Commission (CTC). b. STATE’s financial commitment of Federal Funds will occur only upon the execution of this AGREEMENT, the authorization of the project-specific E-76 or E-76 (AMOD), the execution of each project-specific PROGRAM SUPPLEMENT, and STATE’s approved finance letter. c. ADMINISTERING AGENCY may submit signed duplicate invoices in arrears for reimbursement of participating PROJECT costs on a monthly or quarterly progress basis once the project-specific PROGRAM SUPPLEMENT has been executed by STATE
d. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six (6) months commencing after the funds are encumbered on either the project-specific PROGRAM SUPPLEMENT or through a project-specific finance letter approved by STATE. STATE reserves the right to suspend future authorizations/obligations, and invoice payments for any on-going or future federal-aid project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six (6) month period. e. Invoices shall be submitted on ADMINISTERING AGENCY letterhead that includes the address of ADMINISTERING AGENCY and shall be formatted in accordance with LOCAL ASSISTANCE PROCEDURES.
f. Invoices must have at least one copy of supporting backup documentation for costs incurred and claimed for reimbursement by ADMINISTERING AGENCY. Acceptable backup documentation includes, but is not limited to, agency’s progress payment to the contractors, copies of cancelled checks showing amounts made payable to vendors and contractors, and/or a computerized summary of PROJECT costs.
g. Payments to ADMINISTERING AGENCY can only be released by STATE as reimbursement of actual allowable PROJECT costs already incurred and paid for by ADMINISTERING AGENCY. h. An Indirect Cost Rate Proposal and Central Service Cost Allocation Plan and related documentation are to be provided to STATE (Caltrans Audits & Investigations) annually for review and approval prior to ADMINISTERING AGENCY seeking reimbursement of indirect cost incurred within each fiscal year being claimed for federal reimbursement. i. Once PROJECT has been awarded, STATE reserves the right to de-obligate any excess Federal Funds from the construction phase of PROJECT if the contract award amount is less than the obligated amount, as shown on the PROJECT E-76 or E76 (AMOD). j. STATE will withhold the greater of either two (2) percent of the total of all Federal Funds encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING AGENCY submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT PROJECT.
k. The estimated total cost of PROJECT, the amount of Federal Funds obligated, and the required matching funds may be adjusted by mutual consent of the PARTIES hereto with a finance letter, a detailed estimate, if required, and approved E-76 (AMOD). Federal-aid funding may be increased to cover PROJECT cost increases only if such funds are available and FWHA concurs with that increase.
l. When additional federal-aid funds are not available, ADMINISTERING AGENCY agrees that the payment of Federal Funds will be limited to the amounts authorized on the PROJECT specific E76 / E-76 (AMOD) and agrees that any increase in PROJECT costs must be defrayed with ADMINISTERING AGENCY’s own funds.
m. ADMINISTERING AGENCY shall use its own non-Federal Funds to finance the local share of eligible costs and all expenditures or contract items ruled ineligible for financing with Federal

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Funds. STATE shall make the determination of ADMINISTERING AGENCY’s cost eligibility for federal fund financing of PROJECT costs.
n. ADMINISTERING AGENCY will reimburse STATE for STATE’s share of costs for work performed by STATE at the request of ADMINISTERING AGENCY. STATE’s costs shall include overhead assessments in accordance with section 8755.1 of the State Administrative Manual. o. Federal and state funds allocated from the State Transportation Improvement Program (STIP) are subject to the timely use of funds provisions enacted by Senate Bill 45, approved in 1997, and subsequent STIP Guidelines and State procedures approved by the CTC and STATE. p. Federal Funds encumbered for PROJECT are available for liquidation for a period of seven (7) years from the beginning of the State fiscal year the funds were appropriated in the State Budget.

State funds encumbered for PROJECT are available for liquidation only for five (5) years from the beginning of the State fiscal year the funds were appropriated in the State Budget. Federal or state funds not liquidated within these periods will be reverted unless an Cooperative Work Agreement (CWA) is submitted by ADMINISTERING AGENCY and approved by the California Department of Finance (per Government Code section 16304). The exact date of fund reversion will be reflected in the STATE signed finance letter for PROJECT. q. Payments to ADMINISTERING AGENCY for PROJECT-related travel and subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid rank and file STATE employees under current State Department of Personnel Administration (DPA) rules.

If the rates invoiced by ADMINISTERING AGENCY are in excess of DPA rates, ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING AGENCY on demand within thirty (30) days of such invoice.
r. ADMINISTERING AGENCY agrees to comply with Office of Management and Budget (OMB) Circular A-87, Cost Principles for State and Local Governments, and 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments.
s. ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors will be obligated to agree that (a) Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual PROJECT cost items and (b) those parties shall comply with federal administrative procedures in accordance with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. Every subrecipient receiving PROJECT funds as a contractor or sub-contractor under this AGREEMENT shall comply with Federal administrative procedures in accordance with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. t. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be allowable under OMB Circular A-87, 48 CFR, Chapter 1, Part 31 or 49 CFR, Part 18, are subject to repayment by ADMINISTERING AGENCY to STATE. Should ADMINISTERING AGENCY fail to reimburse moneys due STATE within thirty (30) days of demand, or within such other period as may be agreed in writing between the PARTIES hereto, STATE is authorized to intercept and withhold future payments due ADMINISTERING AGENCY from STATE or any third-party source, including but not limited to, the State Treasurer, the State Controller and the CTC.
u. Upon written demand by STATE, any overpayment to ADMINISTERING AGENCY of amounts invoiced to STATE shall be returned to STATE.
v. Should ADMINISTERING AGENCY fail to refund any moneys due STATE as provided hereunder or should ADMINISTERING AGENCY breach this AGREEMENT by failing to complete PROJECT without adequate justification and approval by STATE, then, within thirty (30) days of demand, or within such other period as may be agreed to in writing between the PARTIES, STATE, acting

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through the State Controller, the State Treasurer, or any other public entity or agency, may withhold or demand a transfer of an amount equal to the amount paid by or owed to STATE from future apportionments, or any other funds due ADMINISTERING AGENCY from the Highway Users Tax Fund or any other sources of funds, and/or may withhold approval of future ADMINISTERING AGENCY federal-aid projects.
w. Should ADMINISTERING AGENCY be declared to be in breach of this AGREEMENT or otherwise in default thereof by STATE, and if ADMINISTERING AGENCY is constituted as a joint powers authority, special district, or any other public entity not directly receiving funds through the State Controller, STATE is authorized to obtain reimbursement from whatever sources of funding are available, including the withholding or transfer of funds, pursuant to the provision above, from those constituent entities, to recover all funds provided by STATE hereunder. x. ADMINISTERING AGENCY acknowledges that the signatory party represents the ADMINISTERING AGENCY and further warrants that there is nothing within a Joint Powers Agreement, by which ADMINISTERING AGENCY was created, if any exists, that would restrict or otherwise limit STATE’s ability to recover State funds improperly spent by ADMINISTERING AGENCY in contravention of the terms of this AGREEMENT.

2. AUDITS, THIRD PARTY CONTRACTING, RECORDS RETENTION AND

REPORTS
a. STATE reserves the right to conduct technical and financial audits of PROJECT work and records when determined to be necessary or appropriate and ADMINISTERING AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by paragraph three (3) of this Article. b. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain an accounting system and records that properly accumulate and segregate incurred PROJECT costs and matching funds by line item for the PROJECT. The accounting system of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices sent to or paid by STATE.
c. For the purpose of determining compliance with Title 21, California Code of Regulations, Chapter 21, section 2500 et seq., when applicable, and other matters connected with the performance of ADMINISTERING AGENCY’s contracts with third parties, ADMINISTERING AGENCY, ADMINISTERING AGENCY’s contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts. All of the above referenced parties shall make such AGREEMENT and PROGRAM SUPPLEMENT materials available at their respective offices at all reasonable times during the entire PROJECT period and for three (3) years from the date of final payment to ADMINISTERING AGENCY under any PROGRAM SUPPLEMENT. STATE, the California State Auditor, or any duly authorized representative of STATE or the United States, shall each have access to any books, records, and documents that are pertinent to a PROJECT for audits, examinations, excerpts, and transactions and ADMINISTERING AGENCY shall furnish copies thereof if requested.
d. ADMINISTERING AGENCY is required to have an audit in accordance with the Single Audit Act of OMB Circular A-133 if it receives a total of $500,000 or more in Federal Funds in a single fiscal year. The Federal Funds received under a PROGRAM SUPPLEMENT are a part of the Catalogue of Federal Domestic Assistance (CFDA) 20.205, Highway Planning and Research

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e. ADMINISTERING AGENCY agrees to include all PROGRAM SUPPLEMENTS adopting the terms of this AGREEMENT in the schedule of projects to be examined in ADMINISTERING AGENCY’s annual audit and in the schedule of projects to be examined under its single audit prepared in accordance with OMB Circular A-133.
f. ADMINISTERING AGENCY shall not award a construction contract over $10,000 or other contracts over $25,000 (excluding professional service contracts of the type which are required to be procured in accordance with Government Code sections 4525 (d), (e) and (f) on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the prior written approval of STATE. Contracts awarded by ADMINISTERING AGENCY, if intended as local match credit, must meet the requirements set forth in this AGREEMENT regarding local match funds. g. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT shall contain all of the provisions of the preceding article (FISCAL PROVISION) and this article (AUDITS, THIRD-PARTY CONTRACTING RECORDS RETENTION AND REPORTS), and shall mandate that travel and per diem reimbursement and third-party contract reimbursement to subcontractors will be allowable as PROJECT costs only after those costs are incurred and paid for by the subcontractors.
h. To be eligible for local match credit, ADMINISTERING AGENCY must ensure that local match funds used for a PROJECT meet the fiscal provisions requirements outlined in the article below in the same manner as required of all other PROJECT expenditures. i. In addition to the above, the pre-award requirements of third-party contractor/consultants with ADMINISTERING AGENCY should be consistent with LOCAL ASSISTANCE PROCEDURES.

3. FEDERAL LOBBYING ACTIVITIES CERTIFICATION
a. By execution of this Agreement, Contractor certifies, to the best of the signatory officer’s knowledge and belief, that:
i. No federal or state appropriated funds have been paid or will be paid, by or on behalf of Contractor, to any person for influencing or attempting to influence an officer or employee of any STATE or federal agency, a member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding of any STATE or federal contract, including this AGREEMENT, the making of any STATE or federal loan, the entering into of any cooperative contract, and the extension, continuation, renewal, amendment, or modification of any STATE or federal contract, grant, loan, or cooperative contract.
ii. If any funds other than federal appropriated funds have been paid, or will be paid, to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with this AGREEMENT, grant, local, or cooperative contract, Contractor shall complete and submit Standard Form-LLL, “Disclosure Form to Rep Lobbying,” in accordance with the form instructions. iii. This certification is a material representation of fact upon which reliance was placed when this AGREEMENT and each PROGRAM SUPPLEMENT was or will be made or entered into. Submission of this certification is a prerequisite for making or entering into this Agreement imposed by Section 1352, Title 31, United States Code. Any party who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

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b. Contractor also agrees by signing this Agreement that the language of this certification will be included in all lower tier sub-agreements which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly.

4. FAIR EMPLOYMENT PRACTICES
a. In the performance of this Agreement, Contractor will not discriminate against any employee for employment because of race, color, sex, sexual orientation, religion, ancestry or national origin, physical disability, medical condition, marital status, political affiliation, family and medical care leave, pregnancy leave, or disability leave. Contractor will take affirmative action to ensure that employees are treated during employment without regard to their race, sex, sexual orientation, color, religion, ancestry, or national origin, physical disability, medical condition, marital status, political affiliation, family and medical leave, pregnancy leave, or disability leave. Such action shall include, but not be limited to, the following: employment; upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Contractor shall post in conspicuous places, available to employees for employment, notices to be provided by STATE setting forth the provisions of this Fair Employment section.
b. Contractor and all subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code section 1290-0 et seq.), and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair
c. Employment and Housing Commission implementing Government Code, Section 12900(a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this Agreement by reference and made a part hereof as if set forth in full.

Contractor and all subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreements, as appropriate.
d. Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement.

5. DISADVANTAGED BUSINESS ENTERPRISES (DBE)
This Project has a DBE participation goal of 12%. Failure to meet or achieve this goal, or to demonstrate the performance of a Good Faith Effort to achieve this goal, is cause to have a bid deemed nonresponsive.

Under 49 CFR 26.13(b):

The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate.

Take necessary and reasonable steps to ensure that DBEs have opportunity to participate in the contract (49 CFR 26).

To ensure equal participation of DBEs provided in 49 CFR 26.5, the Agency shows a goal for DBEs.

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Make work available to DBEs and select work parts consistent with available DBE subcontractors and suppliers.

Meet the DBE goal shown elsewhere in these special provisions or demonstrate that you made adequate good faith efforts to meet this goal.

It is your responsibility to verify that the DBE firm is certified as DBE at date of bid opening.

For a list of DBEs certified by the California Unified Certification Program, go to:
http://www.dot.ca.gov/hq/bep/find_certified.htm.

All DBE participation will count toward the California Department of Transportation’s federally mandated statewide overall DBE goal.

Credit for materials or supplies you purchase from DBEs counts towards the goal in the following manner:
• 100 percent counts if the materials or supplies are obtained from a DBE manufacturer. • 60 percent counts if the materials or supplies are obtained from a DBE regular dealer. • Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49 CFR 26.55 defines "manufacturer" and "regular dealer." You receive credit towards the goal if you employ a DBE trucking company that performs a commercially useful function as defined in 49 CFR 26.55(d)(1) through (4) and (6). a. DBE Commitment Submittal
Submit the Exhibit 15-G Construction Contract DBE Commitment form, included in the Bid book. If the form is not submitted with the bid, remove the form from the Bid book before submitting your bid.

If the DBE Commitment form is not submitted with the bid, the apparent low bidder, the 2nd low bidder, and the 3rd low bidder must complete and submit the DBE Commitment form to the Agency. DBE Commitment form must be received by the Agency no later than 4:00 p.m. on the 4th business day after bid opening.

Other bidders do not need to submit the DBE Commitment form unless the Agency requests it. If the Agency requests you to submit a DBE Commitment form, submit the completed form within 4 business days of the request.

Submit written confirmation from each DBE stating that it is participating in the contract. Include confirmation with the DBE Commitment form. A copy of a DBE's quote will serve as written confirmation that the DBE is participating in the contract.

If you do not submit the DBE Commitment form within the specified time, the Agency will find your bid nonresponsive.
b. Good Faith Efforts Submittal
If you have not met the DBE goal, complete and submit the DBE Information - Good Faith Efforts, Exhibit 15-H, form with the bid showing that you made adequate good faith efforts to meet the goal. Only good faith efforts directed towards obtaining participation by DBEs will be considered. If good faith efforts

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documentation is not submitted with the bid, it must be received by the Agency no later than 4:00 p.m. on the 4th business day after bid opening.

If your DBE Commitment form shows that you have met the DBE goal or if you are required to submit the DBE Commitment form, you must also submit good faith efforts documentation within the specified time to protect your eligibility for award of the contract in the event the Agency finds that the DBE goal has not been met.

Good faith efforts documentation must include the following information and supporting documents, as necessary:
i. Items of work you have made available to DBE firms. Identify those items of work you might otherwise perform with your own forces and those items that have been broken down into economically feasible units to facilitate DBE participation. For each item listed, show the dollar value and percentage of the total contract. It is your responsibility to demonstrate that sufficient work to meet the goal was made available to DBE firms.
ii. Names of certified DBEs and dates on which they were solicited to bid on the project. Include the items of work offered. Describe the methods used for following up initial solicitations to determine with certainty if the DBEs were interested, and the dates of the follow-up. Attach supporting documents such as copies of letters, memos, facsimiles sent, telephone logs, telephone billing statements, and other evidence of solicitation. You are reminded to solicit certified DBEs through all reasonable and available means and provide sufficient time to allow DBEs to respond.
iii. Name of selected firm and its status as a DBE for each item of work made available. Include name, address, and telephone number of each DBE that provided a quote and their price quote. If the firm selected for the item is not a DBE, provide the reasons for the selection.
iv. Name and date of each publication in which you requested DBE participation for the project. Attach copies of the published advertisements. v. Names of agencies and dates on which they were contacted to provide assistance in contacting, recruiting, and using DBE firms. If the agencies were contacted in writing, provide copies of supporting documents. vi. List of efforts made to provide interested DBEs with adequate information about the plans, specifications, and requirements of the contract to assist them in responding to a solicitation. If you have provided information, identify the name of the DBE assisted, the nature of the information provided, and date of contact. Provide copies of supporting documents, as appropriate. vii. List of efforts made to assist interested DBEs in obtaining bonding, lines of credit, insurance, necessary equipment, supplies, and materials, excluding supplies and equipment that the DBE subcontractor purchases or leases from the prime contractor or its affiliate. If such assistance is provided by you, identify the name of the DBE assisted, nature of the assistance offered, and date assistance was provided. Provide copies of supporting documents, as appropriate.
viii. Any additional data to support demonstration of good faith efforts.

The Agency may consider DBE commitments of the 2nd and 3rd bidders when determining whether the low bidder made good faith efforts to meet the DBE goal.

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c. Exhibit 15-G - Construction Contract DBE Commitment
Complete and sign Exhibit 15-G Construction Contract DBE Commitment included in the contract documents regardless of whether DBE participation is reported.

Provide written confirmation from each DBE that the DBE is participating in the Contract. A copy of a DBE's quote serves as written confirmation. If a DBE is participating as a joint venture partner, the Agency encourages you to submit a copy of the joint venture agreement.) d. Subcontractor and Disadvantaged Business Enterprise Records Use each DBE subcontractor as listed on Exhibit 12-B Bidder’s List of Subcontractors (DBE and NonDBE) and Exhibit 15-G Construction Contract DBE Commitment form unless you receive authorization for a substitution.

The Agency requests the Contractor to:
i. Notify the Engineer of any changes to its anticipated DBE participation ii. Provide this notification before starting the affected work iii. Maintain records including:

1. Name and business address of each 1st-tier subcontractor

2. Name and business address of each DBE subcontractor, DBE vendor, and DBE trucking company, regardless of time

3. Date of payment and total amount paid to each business If you are a DBE contractor, include the date of work performed by your own forces and the corresponding value of the work.

Before the 15th of each month, submit a Monthly DBE Trucking Verification form.

If a DBE is decertified before completing its work, the DBE must notify you in writing of the decertification date. If a business becomes a certified DBE before completing its work, the business must notify you in writing of the certification date. Submit the notifications. On work completion, complete a Disadvantaged Business Enterprises (DBE) Certification Status Change, Exhibit 17-O, form. Submit the form within 30 days of contract acceptance.

Upon work completion, complete Exhibit 17-F Final Report – Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors. Submit it within 90 days of contract acceptance. The Agency will withhold $10,000 until the form is submitted. The Agency releases the withhold upon submission of the completed form.
e. Performance of Disadvantaged Business Enterprises
DBEs must perform work or supply materials as listed in the Exhibit 15-G Construction Contract DBE Commitment form, included in the Bid.

Do not terminate or substitute a listed DBE for convenience and perform the work with your own forces or obtain materials from other sources without authorization from the Agency.

The Agency authorizes a request to use other forces or sources of materials if it shows any of the following justifications:

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i. Listed DBE fails or refuses to execute a written contract based on plans and specifications for the project.
ii. You stipulated that a bond is a condition of executing the subcontract and the listed DBE fails to meet your bond requirements.
iii. Work requires a contractor's license and listed DBE does not have a valid license under Contractors License Law.
iv. Listed DBE fails or refuses to perform the work or furnish the listed materials. v. Listed DBE's work is unsatisfactory and not in compliance with the contract. vi. Listed DBE is ineligible to work on the project because of suspension or debarment.
vii. Listed DBE becomes bankrupt or insolvent.
viii. Listed DBE voluntarily withdraws with written notice from the Contract. ix. Listed DBE is ineligible to receive credit for the type of work required x. Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the Contract.
xi. Agency determines other documented good cause.

Notify the original DBE of your intent to use other forces or material sources and provide the reasons.

Provide the DBE with 5 days to respond to your notice and advise you and the Agency of the reasons why the use of other forces or sources of materials should not occur. Your request to use other forces or material sources must include:
i. One or more of the reasons listed in the preceding paragraph. ii. Notices from you to the DBE regarding the request.
iii. Notices from the DBEs to you regarding the request.

If a listed DBE is terminated or substituted, you must make good faith efforts to find another DBE to substitute for the original DBE. The substitute DBE must perform at least the same amount of work as the original DBE under the contract to the extent needed to meet the DBE goal.

The substitute DBE must be certified as a DBE at the time of request for substitution.

Unless the Agency authorizes (1) a request to use other forces or sources of materials or (2) a good faith effort for a substitution of a terminated DBE, the Agency does not pay for work listed on the Exhibit 15-G Construction Contract DBE Commitment form unless it is performed or supplied by the listed DBE or an authorized substitute.

6. BID RIGGING
The U.S. Department of Transportation (DOT) provides a toll-free hotline to report bid rigging activities.

Use the hotline to report bid rigging, bidder collusion, and other fraudulent activities. The hotline number is (800) 424-9071. The service is available 24 hours a day 7 days a week and is confidential and anonymous. The hotline is part of the DOT’s effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the DOT Inspector General.

7. CONTRACTOR LICENSE
The Contractor must be properly licensed as a contractor from contract award through Contract acceptance (Public Contract Code § 10164).

8. BUY AMERICA

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Furnish steel and iron materials to be incorporated into the work with certificates of compliance. Steel and iron materials must be produced in the U.S. except:
a. Foreign pig iron and processed, pelletized, and reduced iron ore may be used in the domestic production of the steel and iron materials [60 Fed Reg 15478 (03/24/1995]; b. If the total combined cost of the materials does not exceed the greater of 0.1 percent of the total bid or $2,500, materials produced outside the U.S. may be used.

Production includes
c. Processing steel and iron materials, including smelting or other processes that alter the physical form or shape (such as rolling, extruding, machining, bending, grinding, and drilling) or chemical composition;
d. Coating application, including epoxy coating, galvanizing, and painting, that protects or enhances the value of steel and iron materials.

9. QUALITY ASSURANCE
The Agency uses a Quality Assurance Program (QAP) to ensure a material is produced to comply with the Contract.

You may examine the records and reports of tests the Agency performs if they are available at the job site.

Schedule work to allow time for QAP.

10. FORM FWHA-1273 REQUIRED CONTRACT PROVISIONS
FHWA-1273 -- Revised July 5, 2022
See Attachment.

REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION

CONTRACTS

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11. USE OF UNITED STATES-FLAG VESSELS:

The CONTRACTOR agrees:
a. To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carries, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels. b. To Furnish within 20 days following the date of loading for shipments originating within the United State or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated “onboard” commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph (1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-of-lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590. c. To insert the substance of the provisions of this clause in all subcontracts issued pursuant to this contract.

12. FEMALE AND MINORITY GOALS
To comply with comply with Section II, “Nondiscrimination,” of “Required Contract Provisions Federal-Aid Construction Contracts,” the following are goals for female and minority utilization goals for Federal-aid construction contracts and subcontracts that exceed $10,000:
a. The nationwide goal for female utilization is 6.9% percent. b. The goal for minority utilization is 19% percent.

For the last full week in July during which work is performed under the contract, you and each non material-supplier subcontractor with a subcontract of $10,000 or more must complete Form FHWA PR1391 (Appendix C to 23 CFR 230). Submit the forms by August 15.

13. FEDERAL TRAINEE PROGRAM
For the Federal training program, the number of trainees or apprentices is 0.

This section applies if a number of trainees or apprentices are specified in the special provisions.

As part of your equal opportunity affirmative action program, provide on-the-job training to develop full journeymen in the types of trades or job classifications involved.

You have primary responsibility for meeting this training requirement.

If you subcontract a contract part, determine how many trainees or apprentices are to be trained by the subcontractor.

Include these training requirements in your subcontract.

Where feasible, 25 percent of apprentices or trainees in each occupation must be in their 1st year of apprenticeship or training.

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Distribute the number of apprentices or trainees among the work classifications on the basis of your needs and the availability of journeymen in the various classifications within a reasonable recruitment area.

Before starting work, submit to the City of Twentynine Palms:
c. Number of apprentices or trainees to be trained for each classification d. Training program to be used
e. Training starting date for each classification
Obtain the City of Twentynine Palms’ approval for this submitted information before you start work. The City of Twentynine Palms credits you for each apprentice or trainee you employ on the work who is currently enrolled or becomes enrolled in an approved program.

The primary objective of this section is to train and upgrade minorities and women toward journeymen status. Make every effort to enroll minority and women apprentices or trainees, such as conducting systematic and direct recruitment through public and private sources likely to yield minority and women apprentices or trainees; to the extent they are available within a reasonable recruitment area. Show that you have made the efforts. In making these efforts, do not discriminate against any applicant for training.

Do not employ as an apprentice or trainee an employee:
a. In any classification in which the employee has successfully completed a training course leading to journeyman status or in which the employee has been employed as a journeyman
b. Who is not registered in a program approved by the US Department of Labor, Bureau of Apprenticeship and Training
Ask the employee if the employee has successfully completed a training course leading to journeyman status or has been employed as a journeyman. Your records must show the employee’s answers to the questions.

In your training program, establish the minimum length and training type for each classification. The City of Twentynine Palms and the FHWA approves a program if one of the following is met:
a. It is calculated to:
(1) Meet the your equal employment opportunity responsibilities (2) Qualify the average apprentice or trainee for journeyman status in
the classification involved by the end of the training period b. It is registered with the U.S. Department of Labor, Bureau of Apprenticeship and Training, and it is administered in a way consistent with the equal employment responsibilities of Federalaid highway construction contracts Obtain the State’s approval for your training program before you start work involving the classification covered by the program.

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Provide training in the construction crafts, not in clerk-typist or secretarial-type positions. Training is allowed in lower-level management positions such as office engineers, estimators, and timekeepers if the training is oriented toward construction applications. Training is allowed in the laborer classification if significant and meaningful training is provided and approved by the division office. Off-site training is allowed if the training is an integral part of an approved training program and does not make up a significant part of the overall training.

The City reimburses you 80 cents per hour of training given an employee on this contract under an approved training program:
a. For on-site training
b. For off-site training if the apprentice or trainee is currently employed on a Federal-aid project and you do at least one of the following:
(1) Contribute to the cost of the training
(2) Provide the instruction to the apprentice or trainee (3) Pay the apprentice’s or trainee’s wages during the off-site training period
a. If you comply this section.

Each apprentice or trainee must:
a. Begin training on the project as soon as feasible after the start of work involving the apprentice’s or trainee’s skill
b. Remain on the project as long as training opportunities exist in the apprentice’s or trainee’s work classification or until the apprentice or trainee has completed the training program
Furnish the apprentice or trainee:
a. Copy of the program you will comply with in providing the training Certification showing the type and length of training satisfactorily completed b. Certification showing the type and length of training satisfactorily completed

14. TITLE VI ASSURANCES
During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONTRACTOR) agrees as follows:
c. Compliance with Regulations: CONTRACTOR shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement.
d. Nondiscrimination: CONTRACTOR, with regard to the work performed

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by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. CONTRACTOR shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations. e. Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by CONTRACTOR for work to be performed under a Sub-agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by CONTRACTOR of the CONTRACTOR’S obligations under this Agreement and the
Regulations relative to nondiscrimination on the grounds of race, color, or national origin. f. Information and Reports: CONTRACTOR shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the California Department of Transportation or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of CONTRACTOR is in the exclusive possession of another who fails or refuses to furnish this information, CONTRACTOR shall so certify to the California Department of Transportation or the FHWA as appropriate, and shall set forth what efforts CONTRACTOR has made to obtain the information.
g. Sanctions for Noncompliance: In the event of CONTRACTOR’s noncompliance with the nondiscrimination provisions of this agreement, the California Department of Transportation shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
(1) withholding of payments to CONTRACTOR under the
Agreement within a reasonable period of time, not to exceed 90 days; and/or
(2) cancellation, termination or suspension of the Agreement, in whole or in part.
h. Incorporation of Provisions: CONTRACTOR shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.

CONTRACTOR shall take such action with respect to any sub-agreement or procurement as the California Department of Transportation or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONTRACTOR becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, CONTRACTOR may request the California Department of Transportation enter into such litigation to protect the interests of the State, and, in addition, CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States.

Maintain records and submit reports documenting your performance under this section.

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ATTACHMENT A

TECHNICAL SPECIAL PROVISIONS

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

1. 2018 Greenbook: Standard Plans and Specifications for Public Works Construction (Except Part 1, any portions of Sections 1-9 that are in direct conflict with the City’s Contract and these specifications)

2. County of San Bernardino Standard Plans (Latest Edition)

3. 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 Safe Routes to School Infrastructure Implementation in 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 Standard Specifications for Public Works Construction (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 demolition of existing improvements as delineated on the plans, grading, street improvements including curb and gutter, paving, sidewalks, curb ramps, driveways, drainage improvements, signing and striping 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.

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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.

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 “Safe Routes to School Infrastructure Implementation” The project consists of 9 Street Improvement Plan sheets, and 3 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%).

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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.

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.

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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.

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 forklifts, 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.

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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.

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 mark out, 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:

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• 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. • 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.

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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
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.

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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.

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”.

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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 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.

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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 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.

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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 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

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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 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.

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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.

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

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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.

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 workday, 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

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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.

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

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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. 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 shutdowns 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.

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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.

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.

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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 Payment. The contract lump sum price bid for “Furnish, Install, Maintain, Remove Project Identification Sign”.

Bid Item 4: 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.

Bid Item 5: 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 6: Clearing and Grubbing
300-1 Clearing and Grubbing. Add the following:

Clearing and Grubbing shall conform to the provisions in Section 300 of the Standard Specifications and these Technical Specifications. Removals shall consist of but are not limited to, the work outlined in Subsection 300-1 of the Standard Specifications, removal of structures, curb, asphalt pavement, trees, pull boxes, streetlights, fences, gates, walls, saw cutting pavement, protection of utilities and other facilities within the work zone, and clearing and removal of debris from the work zone as indicated. Vegetation shall be cleared and grubbed only within the excavation and embankment slope lines or as directed by the Engineer.

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Existing vegetation outside the areas to be cleared and grubbed shall be protected from injury or damage resulting from the Contractor's operations. Activities controlled by the Contractor, except cleanup or other required work, shall be confined within the graded areas of the roadway or excavation limits.

Unless otherwise specified, the CONTRACTOR shall remove obstruction such as brush, vegetation, rock, stones larger than 6 inches in any dimension, broken or old concrete and asphalt pavement, debris, piping and structures where completion of the work require their removal except for those items indicated on the plan to remain in place. Material that is removed and is not incorporated in the work shall be disposed of offsite. All materials removed from clearing and grubbing shall become the property of the CONTRACTOR unless designated by ythe ENGINEER, and shall be removed from the project site. CONTRACTOR shall make his own arrangements for disposal of materials outside the project site and he shall pay all costs involved at no additional cost to the AGENCY. Arrangements shall include, but not be limited to , entering into agreements with property owners and obtaining necessary permits, licenses and environmental clearances.

When portions of asphalt or concrete pavement are to be removed and later construction is to be connected, edges shall be sawcut, on a neat straight lines and provide clean solid vertical faces free from loose material. Resultant material is to be disposed of offsite.

The AGENCY has the right to salvage any items scheduled for removal. The CONTRACTOR shall notify the ENGINEER 5 working days prior to any salvage or demolition work to determine the disposition of items to be removed. The ENGINEER will mark items to be salvaged. Such items shall be properly disconnected, removed from their foundations, cleaned and stored at a location on site as indicated by the ENGINEER.

To the maximum extent practicable, dust generated during construction activities shall be minimized. Dust resulting from the CONTRACTOR’s performance of the work, either inside or outside, the right-of-way shall be controlled by the CONTRACTOR. Dust control includes the action necessary to 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 shall be approved by the Engineer prior to commencement of any work.

Unless the construction dictates otherwise, and unless otherwise approved by the OWNER the CONTRACTOR shall furnish and operate a self-loading motor sweeper with spray nozzle at least once each day to keep paved areas acceptably clean whenever construction, including restoration, is incomplete.

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.

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The CONTRACTOR shall be responsible for the removal and transport of debris, rubbish, excess materials from the site in a manner that will prevent spillage on streets or adjacent areas.

Clean up spillage from streets and adjacent areas as it occurs is the responsibility of the CONTRACTOR. He shall comply with Federal, State, and local disposal regulations. Clean up shall be an ongoing activity throughout the contract period.

Payment. Full compensation, for conforming to the requirements of this item shall be paid for on a lump sum (LS) basis for “Clearing and Grubbing” and no additional compensation will be allowed therefore.

Bid Item 7: 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 8-12: PCC Removal
All PCC removal work shall conform to Section 401 - REMOVAL of the "Standard Specifications for Public Works Construction".

Removal and disposal of full-depth removal of Portland Concrete Cement including, but not limited to existing driveways, sidewalk, curb and/or gutter, and cross gutters (ie. at station 105+00) shall be in units of square feet. The square feet measurement shall be taken from a “plan view” only and not surface area of items to be removed. The square foot measurement shall be the only compensation with no additional consideration for material thickness or

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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. The per square foot (SF) Bid Price for removal of Portland Concrete Cement including, but not limited to existing driveways, sidewalk, curb ramps, and cross gutters shall include full compensation for removal and disposal of all the resulting materials.

Payment. The per linear foot (LF) Bid Price for removal of Portland Concrete Cement Curb and/or gutter shall include full compensation for removal and disposal of all the resulting materials.

Bid Item 13: Grind Existing Pavement
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". Grindings materials less than 2” in diameter and blended with existing natural materials, or meeting Crushed Miscellaneous Base standard specifications Section 26, “Aggregate Bases,” of the Caltrans Standard Specifications, may be used as fill materials below the new proposed sidewalks.

Alternatively, AC grinded removal may 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 “Grind Existing Pavement 1.5", 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 additional compensation will be allowed. Weight certification tickets are required for payment.

No additional compensation will be allowed therefore.

Bid Item 14-18: Asphalt Concrete
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.

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.

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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 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

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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 Course” 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.

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

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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. “Asphalt Concrete Surface” 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.

Asphalt concrete dike and miscellaneous areas: Asphalt Concrete Path, Asphalt Concrete Dike and other AC areas as shown on the plans) shall conform to the applicable provisions in Section 39-2, “Hot Mix Asphalt”, of the Standard Specifications, in accordance to the applicable Standards Plans and details shown in the plans, these Special Provisions, and as directed by the Engineer.

This work includes producing and placing hot mix asphalt (HMA) Type A.

Asphalt binder to be mixed with the aggregate for AC Dike and miscellaneous areas shall be PG 64-10.

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

Payment. “Asphalt Concrete Path” 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.

Payment. “Asphalt Concrete Dike” shall be paid per linear foot (LF). 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 19-29: Portland Cement Concrete (PCC)
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 gutter, curb, cross gutter/spandrel, curb ramp, sidewalk, driveway, building access ramp and electrical concrete pad shall be constructed in accordance with

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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. 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 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.

All PCC sidewalk and access ramps shall be constructed on top of 12” thick compacted native to 90%. All PCC cross gutter, driveways, valley gutters and other improvemnts subjectto vehicular access shall be constructed on top of a 12" thick layer of clean compacted native to 95% compaction relative to maximum. All sidewalks behind driveway aprons shall be constructed on top of 12” thick compacted native to 95%. All PCC concrete pavement subject to pedestrian access shall be constructed on top of 12” thick compacted native to 90% compaction relative to maximum.

Sidewalks shall be opened to pedestrian access on the day following concrete placement in the access ramp. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or patch back shall be placed within 72 hours following concrete placement at each of the access ramps and curb & gutter reconstruction locations. PCC improvements subject to vehicle loads shall not be opened to vehicle traffic until concrete has cured for at least 7 days.

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 will be allowed.

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All PCC curb, curb & gutter, cross gutter, driveways shall be constructed on top of a 12" thick layer of native compacted to 95% compaction relative to maximum.

All curb, curb and gutter, cross gutters, and spandrels 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 gutter, cross gutters, and spandrels are replaced. Removal of all sidewalks shall be replaced within three (3)calendar days. 303-5.5.2 Curb. Add the following:

PCC curb & gutter construction shall conform to San Bernardino County Standards, 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 linear foot (LF) for PCC curb and gutter.

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.
303-5.5.3 Walk.

The forms shall be set to place the finished surface in a plane sloping up from the top of curb 1.5 percent when measured at right angles to the curb.

Payment. Payment shall be on a unit price basis per square foot (SF) for Sidewalk. 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.
303-5.5.4 Gutter.

Cross gutter and/or spandrel shall be 8” thick PCC. The finished surface of the spandrel in a plane sloping to the access ramp shall not exceed 5 percent when measured at right angles to access ramp.

Payment. Payment shall be on a unit price basis per square foot (SF) for cross gutter and/or spandrel. 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.
303-5.5.5 Alley Intersections, Access Ramps, and Driveways. Add the following:

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The depressed PCC curb and gutter construction and new PCC curb construction required as a part of the access ramp construction shall not be poured monolithic with the PCC ramp and shall be paid for at the same contract unit price bid as for the PCC curb and/or curb & gutter bid item.

Curb return PCC access ramp construction shall conform to the Standard Specifications Section 302-6, or as indicated on the plans. Access ramps shall include a 3’x4’ detectable warning surface.

Payment. Payment shall be on a unit price basis per square foot (SF) for all types of driveways specified in the bid item list and the driveway transition. 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.

Payment. Payment shall be on a unit price basis per each (EA) for all types of curb ramps specified in the bid item list. 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 30: Adjust Existing Utility to Grade
Adjust Existing Utility to Grade. Adjustment of manhole and water valves shall conform to Part 4, Section 403 of the Standard Specifications and the following Technical Specifications.

Contractor’s attention is directed to the presence of various utility facilities within the roadbed.

The facilities constitute various manholes, valves, electrical pull boxes, gas meters, and other similar facilities. Contractor shall undertake the adjustment of these items to the proper finish grade as shown on the plans and as directed by the Inspector.

Provisions for placing and adjusting these items to the proper grade shall be in accordance with the specifications set forth herein and those set forth by the owner of the facility as may be requested in the field. Contractor shall be responsible for confirming with the Engineer the proper method for placement of the facilities to grade prior to undertaking the final the work involved.

Said work shall be performed in accordance with Section 402 and 403 of the Standards Specifications.

After the pavement has been completed, the necessary portions of the subgrade, base, and pavement shall be neatly removed, the structure built up, and the manhole frame shall be raised per Section 403.

The Contractor will also supply new grade rings for the adjustments to the manholes.

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Existing manholes shall be adjusted to grade and new concrete collars poured with materials similar in quality to those in the original structure in accordance with the applicable provisions of the Standard Specifications, the requirements of the owning utility company and these Technical Specifications.

After completion of the work, the manhole covers, frames, grade rings and old concrete collar debris that were removed from the roadbed shall become the property of the contractor.

After the manhole frame has been removed, the top of the structure shall be carefully trimmed and cleaned to provide a suitable foundation for the new material.

Steel plates shall be used as necessary and when directed by the Engineer to prevent asphalt and debris from entering the sewer system.

Water Valves shall be raised after paving. Water Valves shall be raised and valve covers and concrete collars shall be installed per Twentynine Palms Water District standards.

Gas Valves shall be raised after paving. Gas Valves shall be raised and valve covers and concrete collars (if required) shall be installed per the gas utility standards and requirements.

Payment. Payment shall be on a unit price basis per each (EA) for “adjusting existing utilities to grade” shall include full compensation for furnishing all labor, equipment, materials, tools, equipment and incidentals and doing all work required to adjust the valves and manholes to grade and pour concrete collar around frame and cover. Payment shall also include full compensation for all costs incurred to obtain the new materials from the owner, including transportation, labor, equipment, personnel and incidentals. Valves adjusted to grade shall be measured and paid for at the contract unit price per each in accordance with Section 7 of the Standards Specifications.

Bid Item 31: Remove Existing Tree and Roots, Replace with Compacted Native Trees and bushes including tree stumps and roots shall be removed as shown on the plans and as directed by the Engineer. Existing vegetation shall be protected from injury or damage resulting from the Contractor's operations. The removed tree shall be replaced with compacted native.

Payment. “Removal of existing tree and roots” shall be paid per each (EA) tree. Payment shall include full compensation for 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 32, 33: Relocate Fence and Gate
This item includes the relocation of existing chain-link fence and existing gate as designated on the project plans. Relocation will require the reuse of existing material. Any new material needed

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to replace existing material due to damage during the removal shall be included in the bid and no additional payment will be allowed therefore.

Payment. “Relocation of existing chain link fence” shall be paid per linear foot (LF). Payment shall include full compensation for 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.

Payment. “Relocation of gate and adjustment to grade” shall be paid per lump sum (LS).

Payment shall include full compensation for 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 34: Remove Existing Drainage Grate, Protect existing Drainage Pipe. Construct Grate
Contractor shall take adequate precautions to protect drainage pipe and construct new grate per SPPWC standard plan 303-3.

Payment. “Removal of existing grate and replacing it with a new grate” shall ber paid per lump sum (LS). 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 35: Install New Mailbox and Post
The contractor shall install new mail box per City of Twentynine Palms standards. Contractor shall provide shop drawing of proposed mailbox to be submitted and approved prior to fabrication and installation. Mailboxes shall be uniform in appearance and match existing mailboxes in the project area.

Payment. The “installation of a new mailbox and post” shall be paid per each (EA) mailbox.

Payment shall include full compensation for 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 36: Install Cobblestone Hardscape
The contractor shall install cobblestone hardscape per City of Twentynine Palms standards.

Contractor shall provide shop drawing of cobblestone hardscape to be submitted and approved to city prior to installation.

Payment. The installation of a “cobble stone hardscape” shall be paid per square foot (SF).

Payment shall include full compensation for 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.

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Bid Item 37: Install Yellow Surface Mounted Truncated Dome Mat Yellow surface mounted Truncated Dome Mat shall conform to the Standard Specifications Section 302-6, or as indicated on the plans. Detectable warning surface mat shall be 3’x4’ minimum
Payment. The installation of a Truncated Dome Mat shall be paid per square foot (SF). Payment shall include full compensation for 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 38: Traffic Signal
Traffic signal and lighting systems and modification of traffic signal and lighting system shall conform to Section 86 of the latest Caltrans Standard Specifications and the latest Caltrans Standard Plans.

Traffic signal shutdowns are limited to periods between the hours of 9:00 a.m. and 3:00 p.m. existing intersection lighting systems must be kept in operation until the new/modified lighting system is operational.

Conduit must conform to the provisions in Section 86-1.02B “Conduit and Accessories” of the Standard Specifications and these special provisions. Conduit must be Type III rigid nonmetallic PVC except if jacked or bored. After conductors have been installed, the ends of the conduits terminating in pull boxes, service equipment enclosures, and controller cabinets must be sealed with an authorized type of sealing compound.

All conduit under existing roadway that will not be repaved must be installed by the jacking or boring method using type 1 galvanized rigid metallic steel conduit.

Pull boxes must conform to the provisions in Section 86-1.02C “Pull Boxes” of the Standard Specifications and these special provisions.

The pull box and cover must comply with ANSI/SCTE 77, "Specification for Underground Enclosure Integrity," for tier 22 load rating and must be gray or brown. Provide a 2-year manufacturer's replacement warranty for the pull box and cover. The warranty period starts on the date of Contract acceptance.

The bolts, nuts, and washers must be a captive design. The captive bolt must be capable of withstanding a torque from 55 to 60 ft-lb and a minimum pull-out strength of 750 lb. Perform the test with the cover in place and the bolts torqued. The pull box and cover must not be damaged while performing the test.

Do not install a pull box in curb ramps or driveways. A pull box for a post or a pole standard must be located within 5 feet of the standard. Place the pull box adjacent to the back of the curb or edge

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of the shoulder. If this is impractical, place the pull box in a suitable, protected, and accessible location.

Conductors and cables must conform to the provisions in Section 86-1.02F “Conductors and Cables” of the Standard Specifications and these special provisions.

Wrap conductors around the projecting end of conduit in pull boxes. Secure conductors and cables to the projecting end of the conduit in pull boxes.

Emergency vehicle pre-emptor detector lead-in cable shall meet the characteristics of IPCEA-S61-402 of NEMA WC5, Section 7.4, 600V, Control Cable, 75°C, Type B.

1. Conductors shall be 3 No. 20-7x28 stranded.

2. Conductor strands shall be individually tinned.

3. Conductor insulation shall be low-density polyethylene material having a minimum thickness of 25 mils.

4. Conductors shall be color-coded: 1-yellow, 1-blue, and 1-orange.

5. The cable shall have 1 No. 20-7x28 stranded, tinned, bare drain wire.

6. The drain wire shall be placed between the insulated conductor and a shield.

7. The shield shall be of tinned copper-brass or aluminum polyester tape with a nominal 20% overlap. The conductive surface of the shield shall be in contact with the drain wire.

8. Capacitance measured between any conductor and the other two conductors and the shield shall not exceed 48 pico-farads per foot when tested at 1000 hertz.

9. The cable jacket shall be a black PVC material rated for 600 volts and 75°C and shall have an average minimum wall thickness of 45 mils.

10. The finished outside diameter of the cable shall be between 0.30 and 0.35 of an inch.

11. The cable jacket shall be marked with the manufacturer’s name, insulation type designation, number of conductors and conductor size, and voltage and temperature ratings.

Controller cabinet must conform to the provisions in Section 86-1.02Q(2) “Controller Cabinets” of the Standard Specifications and these special provisions.

The contractor must arrange to have a signal technician, qualified to work on the controller unit and employed by the controller unit manufacturer or his representative present at the time the equipment is turned on.

Light emitting diode (LED) signal modules must conform to the provisions in Section 86-1.02R(4)(b) “LED Signal Modules” of the Standard Specifications and these special provisions.

All LED signal modules must be 12” sections, with clear lens for circular R, R, Y.

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Vehicle signal heads must conform to the provisions in Section 86-1.02S(3) “Pedestrian Signal Faces” of the Standard Specifications and these special provisions.

Pedestrian signal housing and visors must be 16” housing.

Manufacturer’s test data shall be submitted to Public Works Traffic Signal Maintenance Division and the Engineer.

Signal mounting assemblies must conform to the provisions in Section 86-1.02R(2) “Signal Mounting Assemblies” of the Standard Specifications and these special provisions.

All traffic signal mounting assemblies must be powder coated green. Pipe must be steel and mast arm and post top slip fitters and terminal compartments must be cast bronze.

Pedestrian push buttons must conform to the provisions in Section 86-1.02U “Pedestrian Push Button Assemblies” of the Standard Specifications and these special provisions.

The housing for the pedestrian pushbutton must be traffic signal powder coated green and be aluminum.

Intersection safety lighting must be LED type. Luminaires must be one of the models listed on Caltrans pre-qualified list and be the Roadway 1 application type.

Payment. Payment for signal shall be made at the Lump Sum (LS) price bid for Traffic Signal” at the location indicated on the Bid Schedule and shall include full compensation for construction or modification of the system, including foundations, all material, labor, equipment, furnishing all transportation, and protection from vandalism, complete in place, in accordance with the Standard Specifications and these Special Provisions.

Bid Item 39: 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

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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:

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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. 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.

PLANS AND DRAWINGS
Project Plans for Construction in
San Bernardino County in Twentynine Palms
Safe Routes to School Infrastructure Implementation
ATPSRTS 5448 (010)
to be supplemented by Caltrans standard plans dated 2018

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Safe Route to School Infrastructure Implementation Project SECTION 400 – CONTRACT FOR CONSTRUCTION

CONTRACT AGREEMENT
FOR

SAFE ROUTES TO SCHOOL INFRASTRUCTURE IMPLEMENTATION IN THE CITY OF TWENTYNINE PALMS
This Contract Agreement is made and entered into for the above-stated project this 25th day of April, 2023 BY AND BETWEEN the City of Twentynine Palms, as AGENCY, and IE General Engineering Inc , as CONTRACTOR.

WITNESSETH that AGENCY and CONTRACTOR have mutually agreed as follows:

ARTICLE I
The Contract Documents for the aforesaid project shall consist of the Notice Inviting Sealed Bids, Instructions to Bidders, Proposal, General Specifications, Special Provisions, Contract Plans, and all referenced specifications, details, standard drawings, and appendices; together with this Contract Agreement and all required bonds, insurance certificates, permits, notices, and affidavits; and also including any and all addenda or supplemental agreements clarifying, or extending the work contemplated as may be required to ensure its completion in an acceptable manner. All of the provisions of said contract documents are made a part hereof as though fully set forth herein.

ARTICLE II
For and in consideration of the payments and agreements to be made and performed by AGENCY, CONTRACTOR agrees to furnish all materials and perform all work required for the above-stated project, and to fulfill all other obligations as set forth in the aforesaid Contract Documents.

ARTICLE III
CONTRACTOR agrees to receive and accept the prices set forth in the Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. Said compensation shall not exceed One Million Two hundred thirty-nine Thousand, Seven Hundred and Ninety-Nine dollars ($1,239,799), provided that the City Manager or his designee may approve additional payment not-to-exceed the City Council authorized amount for change orders and for contingencies.

ARTICLE IV
AGENCY hereby promises and agrees to employ, and does hereby employ, CONTRACTOR to provide the materials, do the work and fulfill the obligations according to the terms and conditions herein

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Safe Route to School Infrastructure Implementation Project contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Contract Documents.

The CONTRACTOR shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Contract. The CONTRACTOR shall at all times observe and comply with all such laws and regulations.

The AGENCY, and its officers, employees, and agents shall not be liable at-law or in-equity occasioned by failure of the CONTRACTOR to comply with this Section.

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.

CONTRACTOR further acknowledges this Project is Federally-funded, requiring the CONTRACTOR and any Subcontractor to pay at least the Federal minimum prevailing wage rate of per diem wages for each craft classification or type of worker needed to execute the Contract work. If, however, the State of California minimum prevailing wage rates are higher than the Federal minimum prevailing wage rates for any particular classification, the CONTRACTOR and any Subcontractor shall pay that prevailing wage rate. In simple terms, the CONTRACTOR and any Subcontractor must pay the higher of the two prevailing wage rates (Federal or State) for each classification of worker.

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 PWC100 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,

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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
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

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To CONTRACTOR: ____________ ______
______________ ____
_______________ ___
______________ ____

ARTICLE XII
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

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Safe Route to School Infrastructure Implementation Project 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.
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.
d) Minimum Scope of Insurance. Coverage shall be at least as broad as:

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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.

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.
e) 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

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Safe Route to School Infrastructure Implementation Project 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. f) 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.
g) 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.

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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 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.

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11. No liability policy shall contain any provision or definition that would serve to eliminate socalled “third party action over” claims, including any exclusion for bodily injury to an employee of the insured or of any CONTRACTOR or subcontractor.

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.
h) 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.
i) 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.

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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, 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.
j) 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. k) 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

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CONTRACTOR acknowledges and agrees that upon request, all agreements with SubContractors 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.

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 _______________, 2022 CONTRACTOR:

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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:

Patrick Munoz, City Attorney

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CITY OF TWENTYNINE PALMS
Safe Routes to School Infrastructure Implementation
ATPL-5448(010)
FrankLnager
Date: March 08, 2023

SECTION 300 - BID FORM
E General Engineering Inc.

NAMEOF BIDDER:

The undersigned Bidder hereby declares that it has carefully examined the location of the proposed Woi1<, and has read and examined the Contract Documents, including all plans, speci?cations, and all addenda, if any, for the following Project:

Safe Routes to School Infrastructure Implementation
We hereby propose to furnish all labor, materials, equipment, tools, transportation. and services, and to discharge all duties and obligations necessary and required to perform and complete the Project n strict accordance with the Contract Documents for the following TOTAL BID PRICE:

NITG: ESTIMATED

ITEMDESCRIPTION QUANTITY
BID SCHEDULE — Safe Routes to School Infrastructure Implementation U

MEASURE
, Furnish, Install, maintain,
‘I 3 and Remove Project
t». Identi?cation Sign 250000 250000
Storm Water Pollution
4 Prevention Plan and Best LS
Management Practices 6’00O'O0 6'OOO'00
I Construction Staking and
‘I-_:
.,
' ' 1 E
Cleanng and Grubblng
Sawcut, remove and grind
7 AC pavement. Full Depth
of Existing Pavement 3120000
[' ,0
Twentynine Palms
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Safe Route to School Infrastructure Implementation Project

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190.00 69.35000
234.00 54,990.00
-
LF 250 50.00 12.5OO.OO
99000.00
5500100 38500400
Construct Curb Ramp Per ' County of San Bemardino
Standard Plan 110, Over EA 2 6,000.00
12" Min 90% Compacted
1200000
Native
Construct Curb Ramp per
5*‘ 1 Caltrans Standard Plan 6,500.00 6150000
LF 87° 33.00
Grind Existing Pavement

1.5". variable thickness
Construct 4" Thick AC
Base Course (PG 70-10-B)
Construct 1.5" Thick AC
Surface
Construct 4" Thick AC
Path, Over 12" 95%
Compacted Native
Construct 8" AC Dike Per
County of San Bernardino
Standard Plan 117
Construct 6" AC Dike Per
County of San Bemardino
Standard Plan 117
Construct 4" Thick PCC
Sidewalk Over 12" Min
90% Compacted Native
Per County of San
Bernardlno Standard Plan
109 Type C
Construct Curb Ramp Per
SPPWC Standard Plan
111-5, Over 12" Min 90%
Compacted Native. Case
and Type Indicated on
A88A, Case F
Construct 8" Curb and
Gutter Per County of San
Bemardino Standard Plan 28,710.00
115
11 Twentynine Palms
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..¢ 4
-‘- V.‘ "s'7»,-. ‘ 1...‘-(_<.-{>~.» -
Bernardino Standard Plan
116
' 14,640. 00 12 O0
Construct 6" thick PCC
Depressed Driveway over 12" Min 95% Compacted SF 8.00
Native Per Detail "A"on 4,800.00
Sheet 2
Construct 6" thick PCC
Residential Driveway Over
12" Min 95% Compacted
Native Per County of San SF 3200
8 50 2720000
Bernardino Standard Plan '
Construct 6" PCC
pavement driveway
transition over 12" 95% SF 1200 12.00 14 ,640.00
compacted native
Adjust Existing Utilityto Grade EA 2 850.00 1.70000
7; I 45-96 48—.¥5eeere _ fa 6 ‘7 7/2 -
/ .

Construct 8" PCC Cross
Gutter and/or Spandrel Per
County of San Bernardino
Standard Plan 119
Construct 6" Thick PCC
Commercial Driveway Over
12" Min 95% Compacted
Native Per County of San
Bernardino Standard Plan
129B
Remove Existing Tree and
Roots and Replace with
Compacted Native
Relocate Existing Chainlink Fence
Relocate Existing Gate and
Adjust to New Grade
128
I L5 1 , 41-699-:66 7- 1
57‘ 0
1 , _ 5 I H
_: ’
_
V -
221000.00 22000100
550100 7700100
12 Twentynine Palms
Safe Route to School Infrastructure Implementation Project Remove Existing Drainage
Grate and Protect Existing
Drainage Pipe. Construct
Grate per SPPWC
Standard Plan 303-3.

Install New Mailbox and
Post Per County of San
Bernardino Standard Plan
312

Install cobblestone
Install Yellow Surface
SF ‘*8 4500 2 160 00
Mounted Truncated Dome
Mat Per SPPWC standard
plan no 115-5
39 Signing and Striping LS 4j_r3.g9._=e3- Ijjj «wt» A 62 00.00 /JE
TOTAL BID AMOUNT I Q3 7 75 5’0
Bid Amount in Numbers K
-1—26‘3'2'5=l-00- I ~- / 23 7<7s'_r0
e
,«.-//W. Juo Mm/»-J*4/‘rt/"'"'*1ov<~~/ "*"" """’/"/
Rf anhr"¢/ye: If Jo//uc Fil-"I71 cg/.}s'.

Bid Amount in Written Form 1
I37
ARS
Bidders must provide pricing for every bid item.

The estimated quantities for unit price items are for purposes of comparing bids only and the City makes no representation that the actual quantities of work performed will not vary from the estimates. ;
E
In case of discrepancy between the unit price and the line item cost set forth for a unit price item, the line item cost, calculated at the unit price multiplied by the estimated quantity, shall prevail and shall be utilized as the basis for determining the lowest responsive, responsible bidder. However, ifthe amount set forth as a unit price is ambiguous, unintelligible or uncertain for any cause, or is omitted, or is the same amount as the entry in the “Line Item Cost” column, then the amount set forth in the “Line Item Cost" column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained \ shall be the unit price. If any of the above discrepancies exist, the City may recalculate the bid price on the basis of the unit price and the bidder agrees to be bound by such recalculation. Final payment for unit price items shall be determined by the City from measured quantities of work performed. 1 In case of discrepancy between the written price and the numerical price, the written price shall prevail.

The undersigned agrees that this Bid Form constitutes a firm offer to the City which cannot be withdrawn for the number of calendar days from the bid opening stated in the Notice Inviting Bids from the bid opening, or until a Contract for the Work is fully executed by the City and a third party, whichever is earlier.

The Contract Time shall commence on the date stated in the City’s Notice to Proceed or as stated above. 4 In no case shall the Contractor commence construction prior to the date stated in the City‘s Notice to f
Proceed, or before providing the required bonds and evidence of insurance. '-i~ Bidder certi?es that it is licensed in accordance with the California law providing for the registration of F; Contractors, License No. 1015380 , Expiration Date06/30/Zog?classof license A . Ifthe bidder is a B: joint venture, each member of the joint venture must include the above information. ',. 13
¥ Twentynine Palms
». Safe Route to School Infrastructure Implementation Project

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The undersigned agrees that this Bid Form constitutes a firm offer to the City which cannot be withdrawn forthe number of calendar days from the bid opening stated in the Notice Inviting Bids from the bid opening, or until a Contract for the Work is fully executed by the City and a third party, whichever is earlier.

The undersigned acknowledges receipt, understanding and full consideration of the following addenda to the Contract Documents.

Addenda No. 1
Addenda No.

Addenda No.

B|DDER’S CHECKLIST
This checklist has been prepared and furnished to assist Bidders in including all items necessary for a complete Bid. Omission of items from the list does not relieve the Bidders of the obligation to comply with all requirements of the bid documents. Bidders’ submittals should include, but are not necessarily limited to, the following:

Item Checked
Bid Form
Bid Schedule
Bid Bond or other security
List of Subcontractors
Information Required of Bidders
Contractor’s Certi?cate Regarding Workers’ Compensation Non-Collusion Declaration
lran Contracting Act Certification
. Exhibit 15—G

0. Exhibit 15-H
WHt
Bidder 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.

I hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted in connection with this Bid and all of the representations made herein are true and correct.

Name of BiddgrIE eneral Engineering Inc.
,/
Signature ~-/
Name and T.m~e~""Vincenzo Nanci I President
04/O4/2023
Dated
14 Twentynine Palms
Safe Route to School Infrastructure Implementation Project

SECTION 305 — CONTRACTOR’S CERTIFICATE REGARDING
WORKERS’ COMPENSATION
I am aware of the provisions of section 3700 of the Labor Code which require every employer to be insured against liabilityfor workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I willcomply with such provisions before commencing the performance of the work of this Contract.

IE ' eneral Engineering Inc. Name of Bidd r
Signature
Name VincenzNanci
Tme President
Dated 04/04/2023
‘
15 Twentynine Palms
Safe Route to School Infrastructure Implementation Project

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Bond#: UCSX333X2551
SECTION310 - BIDBOND
The makers of this bond are I5 €56"°r8lEn9lneeIin9.lnc~ , as Principal, and UnitedCasualty and 300813l?wmnm COMMW .as Surety and are heldand firmlybound unto the City of Twentynine Palms. hereinafter called the City. in the penal sum of TEN PERCENT (10%) OF THE TOTAL BlD PRlCE of the Principat submitted to the City for the work described below, for the payment of which sum in lawful money of the United States. well and truly to be made. we bind ourselves. our heirs, executors, administrators, successors and assigns, jointly and severally, ?rmly by these presents.

THE CONDITIONOF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying Bid dated AM _o__.2O__233_. for Safe Routes to School lnfraatructuro Implementation Project ATPL-5448(010)
If the Principal does not withdraw its Bid within the time speci?ed in the Contract Documents: and if the Principal is awarded the Contract and provides all documents to the City as required by the Contract Documents; than this obligation shall be null and void. Otherwise.this bond witlremain in fullforce and effect.

Surety, for value received, hereby stipulates and agrees that no change. extension of time, alteration or addition to the terms of the Contract Documents shall affect its obligation under this bond. and Surety does hereby waive notice of any such changes.

In the event a lawsuit is brought upon this bond by the City and judgment is recovered. the Surety shall pay all litigation expenses incurred by the City in such suit, including reasonable attorneys‘ fees, court costs, expert witness fees and expenses.
lNWITNESSWHEREOF, the above-boundparties have executed this instrument under their several Seals this hm. day 0* AW , 203;_. the name and corporate seal of each corporation. (Corporate Seal)
IE General 6 inc.

Contractor! Pn cipal
Title -
‘ Q‘giggt(tr/at
(Attach Acknowledgment Form)
(Corporate Seal)
United Casua and lnsuranoacom a
Surety
BY
18 Twentynlne Palms
Safe Route to School infrastructureimplementation Project

Greg Angel
Attomey-in-Fact
(Attach Attomev-in-Fact Certi?cate)
Title
Attorney-tn~Fact
-owl-14! ca
17 Twentynine Patms
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Notary Acknowledgment
A notary public or other of?cer completing this certi?cate veri?es only the identity of the individual who signed the document to which this certi?cate is attached. and not the truthfulness. accuracy. or validity of that document.

Washin ton

STATE OFE

COUNTY OF
On “\\V , 203-_’_§before me.C-50-Vi-i , Notary Public, personally ‘ Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public") appeared U\!5§ 2 Q1; ‘.5133:‘I‘ who proved to me on the basis of satisfactory Name(s) of Signer(s)
evidenceto be the person(s) whose name(s),t6/aresubscribed to the within instrument and acknowledged to me that ti}/she/they executed the same in s/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. \x_;v.:3\u-\\\L A _ ‘ PL OF P\_ the laws of the State of ' that the foregoing paragraph IS true and

SARAD BLUM
Notary Public
State ofWashington
Commission Number 22005104
My CommissionExpires
06/29/2025
WlTNE(€S my hand and officialseal. I
/“ «OLLUA
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 CLAIMEDBY SIGNER
; Individual
Corporate Of?cer
DESCR|PTlON OF ATTACHED DOCUMENT
Title orType of Document
Panner(s) 3 Limited
5 General
E‘!
Number of Pages
.1
Attorney-I n-Fact
Trustee(s)
Guardian/Conservator
Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
,,
ll if!
Date of Document
El
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal. 18 Twentynine Palms
Safe Route to School Infrastructure Implementation Project

A notary public orother affine:completing this certi?cate veri?es only the identity ofthe individualwho signed the document to which this certi?cateis attached. and net the tmttrfratness.accuracy, orva?dity of that document. "a STATE OF w@?INO( Massachusetts
coumv or “WW”
OnAgril6 29,21, baforeme. AndreaHgghes , NotaryPublic.personary Date Name AndTrueOromoerwg. “Jane Doe, Notary Public”)
Name(s) of Signerts)
evidence to be the persona) whme name(s) weresubscribed to the withininstrument and arztmorwtedgedto me that helshelthey executed the same in hlslherltheir auhorited caoanity?as). and that by hismerhhek signaturve(s) on the instrument the person(s). or the entity upon behalf ofwhich the person(s) IQQPERJURY underthe laws of the State ofat the foregoing paragraph is true and correct.

Though the informationbelow is not required by raw.itmay prove vatuabre to persons relying on the document and coutd prevent fraudutent removal and reattaohrnerrt of this formto mother document.

CAPACFTYCLAIMEDBYSIGNER DESCRIPTIONOF ATTACHED DOCUMENT rndivtdual
; T'rtte(s) Title or Type of Document
:1 Panner(s) Limited
General Numberof Pages
Attnr11ey—ln—i-‘act
Truetee(s)
~o-coco-2 -‘
» Guardianlconsorvator
Signer is repraseming:
; _ Name Of Person(s) Or Entityrres)
.,.,
.....—éS6gner(s) other Than Named Above
19 Twentynine Palms
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NOTE: This ac¥<npwledgrhent is to be completed for the Attpmeyin-Fact. The Power-ofAt1omeyto local representatives of the bonding companymust also be attached.

ENDOF BIDBOND
20 Twentynine Palms _ Safe Route to School Infrastruciure Imptementation Project

UNITEDCASUALTYAND‘SURETYIIUSURANCEGOMPANV
usCasuatty and Sums assurancecompany
United Surety Insurance Company
POWEROFATTORNEY AsencvN°- 171333
KNOWAu. MEN D1 'm£SE PRESENTS:That United Casualty and Surety Insurance Company, a cwporzrlon 0! the Sum of Nebrula, and U5 Casualty and Surely Insurance Company and UnwedSurety Insurznce company, assumed mamas of Unites} Casuaity and Surety insurance Company (collectively, tht Companies), do by these presents maha, constitute and apaoim:

Mack D.Luskantc.Mammal Lasaunic, snagAnge!
I
itstrue and lawful A!tomey{sHn-Fact,each in theirseparate capacity ifmore than one is named abuve.with full power and authority hereby conferred In its name, place:ndstead.tnevA:cute.adu1owledgeandde?vaawm?sibmagrwunhameswum?hnwmhnhwummmmmnmdnnwshbwindude Men.me1dnmm.andmm¢mnfnuItv.mn?din¢?sehondpemi:yuaesnmuuod:.- -. . ,, - Lu -_-.~ x.- Thiswowarofhttomev
shaltexpire without further action on December 3}‘, 2323. ms Power of Attorney is granted under and by authority of the fallowiug rusoiuaiansadopted by the aoard of Directors of the Comganizs ana meeting duly calied and held on the 1‘ div d July, 1993:

Ruched tr-av.the Pmidont, Ttusum. arsiycmtuv be and they are hard» authorizedand cmpowevud to apaoin! mwnaywwract oi the Campany_ in its name and as its ms numade and aclzruwlertce found cumbehatfas Sumvmy and :1:bomb, mcognkznces, contracts or!indemnity, mm-rsof anion and 9!!other manna obliaauorykxehenatunthereor. wixhpawerlvoauadnheretoazescatorrhqcomparw. Iawsuchwri?tussolxecuurdtwsuchAnnrnoys-in-Fmnuuhpbindkq, upanhecompmyuxiftbe-yhzdhamdmymumedundadmomedredbvthurcsvlaweiewedcmnemufmccompany In Iheirown ornoerpcrwns. auomeyor cer??u?onolemnergiven for mnouwtIoao1»aqbond,mdu'wdug. recogriaance or othzrwvinenob?ation in IR! na:u91rrPIerv¢f;su:hsI;nauuu and son, when so used bviozhcnoyuizptad ltythc_Compnny_Isthe origin! signitune ofsuch Mum and the original sea! of the company.to be validand blndmg upon the companylvnhthesameforuaruddbcrathoualxmmnailya?iaedr --u W9 v
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IN WITNESSWHEIIEOF. the Companies haw:caused this Instrumentto be signed and their corporate seats to be hereunto af?xed.this 23rd day of March. 2022..

UNIIEOCRSIJALTYANDSURETYINSURANCEOMPANY
Us casualty and Surety Insurance Company
United Surety Insurance Company
«tn 1-vl'0‘
a.chachxes, Treasuvrerm L ' Corporate Seals
Comrnamrrealth0! Massachusetts
coumy of Mlddlesex as: on this 23rd day orMarch.2022, before me.Cohen A. Cochxane. a notary pubfic. personally anpeared, met 8. Chanhkes, Treasurer of Unued Casualty and Surety Insurance Company, Us Casuany and Surety Insurance Company and United Sumty Insurance Company, who pmven to me on the basiswtsatisfactory evidence 10 be the person whose nameissuhscrihed mtfvewl?vin énstrwnentandackrnowiedged tomethatheeuacutedthesameinhisauumruedcapaaim andthatbyhis signature on the instrument the personts). or the erwixyon band!‘01'whichthe pasonts) med, executed the instrument. 7 \ I cerufy under PENALTYOF PERIUEYunderthe lawsof the Commonweaathat Massachusetts that the foregoingparagraph is true and correct. MTNESS my hand and seal. 5 $
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(Seal)
Canaan A. cochrane, Notary in Commksiun Expires: 10127/2028 I, Robert F. Thamas, Prtsident of United Casualty and my £nsuranc:.- Company, US Cwmty and Surety Insurance Company and unswaSuretyjnsurance company do hereby cen?y that the aboveand foruoing is a , and cornea.may at a Power of Attorney, executed by said Com;1aMes,whi:j\lssentin MI force and effect,- furthermore, the resoluticns orthe Board of Directors, set out in the Power n! Attorney are in M3tome and e?ect. nnwsmesswhmos,nnmhemuntomrmnannanaaenaedchaseassarsawcm-npamsamewmn.Massachmnscms 6*" b‘ mo:

April
V 2023
z?4J4=46WW Robert r.Thomas, President"
Corporate Seals
T0 CONFIKMAUTNENTRIYT 05‘TRISCORD08 DUCLIMENTEMAIL:COOlFI?MaO?0@UHlT£DCASUAI.TY£OM

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United Casualty and Surety Insurance Company
Newton,Massachusetts
Statement of Assets, liabilities, and Surplus
Year EndedDecemher3l
YearEnded
2021 2020
Agmsgame
CashandShortTerm Enwszmcnts 5520,377,739 3 24,989,901
Stocks 17,168,177 11,373,310
Bonds 956,164 2,844,907
UncoliectedPrcmimls& Agra‘ Balances 1,203,732 1,028,456 Other Assets 257 589 388,984
Total Net AdmittedAssets 3 39,963,401 S 40,625,558
L'nb&
FundsH:-.|d as Co?ateral $ 9,185,872 S 10,006,075
UnearnedPremium 4,579,947 3,657,963
Losses 1,070,642 2,383,868
Other Expenses 318.732 287.722
Taxes, Licenses,and Fees 121,675 117,377
Loss AdjustmentExpenses 310,884 108,466
Payableto Parentor A?ifntes 370,027 82,147
Ceded Reitstramc Payabh 103,004 84,651
OtlmrLhbi?ies 47,507 9
Total Liabilities $ 16,108,290 5 16,728,269
Cggialmtd Sggbs
Paid InSuplus $ 16,615,161 3 17,040,161
UnassignedSurphs 4,744,205 4,361,383
Comma Stock 2,600,000 2,600,000
Less Treasury Stock 104,255 104,255
Total Capital and Surplus 5 23,855,111 3 23,897,289
1,Joe! Chachkcs, Chief FinancialOfficer andTreasurer of UnitedCasualty and Sunety InsuranceCompany, hereby certify that the above is an exact copy of the ?nancial statement of the Company dated December 3I, 2021, and is a macand correct statement of the condition of United Casuatty and Surety Insurance Company as of that date.
[N TESTIMONY WHEREOF, I have set my hand and af?xed the seal of the Company this 25"‘day of March 2022. .

By ¢Z
W Joe .hach1:e5,?.‘hicf Financial Officer and 'l"rca§urer

umi'.
3;.3 j;
SECTION 320 — NON-COLLUSION DECLARATION

TO BE EXECUTED BY BIDDERAND SUBMITTED WITH BID
The undersigned declares:

I am the President of ‘E Gmra‘ E“9‘“°°"'"9 '"°- , the party making the foregoing bid.

The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, pro?t, or cost element of the bid price, or of that of any other bidder. Allstatements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 04/04/2023 [date], at Wildomar [city], California [state].

General Engineering Inc.
21 Twentynine Palms
I Safe Route to School Infrastructure Implementation Project

SECTION 330 — BIDDER INFORMATION AND EXPERIENCE FORM
A. INFORMATIONABOUT BIDDER
Failure to complete all information may render your bid non—responsive. (Indicate not applicable (“N/A”) where appropriate.)
NOTE: Where Bidder is a joint venture, pages shall be duplicated and information provided for all parties to the joint venture.
1_o Name of Bidder; lE General Engineering Inc.

2.0 Type, if Entity: Corporation

3.0 Bidder Address:
1440 Beaumont Avenue Ste. A2—130Beaumont,CA 92223
Facsimile Number Telephone Number 951'616'3311
[email protected] Email Address

4.0 How many years has Bidder‘s organization been in business as a Contractor? 7 5.0 How many years has Bidder‘s organization been in business under its present name? 7 5.1. Under what other or former names has Bidders organization operated?: N/A

6.0 if Bidder‘s organization is a corporation, answer the following:

6.1. Date of Incorporation: 03/O4/2015

6.2. State of Incorporation: Canfomia
.9 6.3. Presidents Name: Vincenzo Nanci

6.4. Vice—President’sName(s): Vincenzo Nanci

6.5. Secretary's Name: Gene M‘ Parker

6.6. Treasurer’s Name: Gene M Parker

7.0 If an individual or a partnership, answer the following:

7.1. Date of Organization: —j——
22 «, Twentynine Palms
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7.2. 8.0

9.0 10.0

11.0 12.0

13.0 14.0
23 Name and address of all partners (state whether general or limited partnership):
if other than a corporation or partnership, describe organization and name principals:

List other states in which Bidder’s organization is legally qualified to do business.

Arizona
What type of work does the Bidder normally perform with its own forces? Concrete and Asphalt Improvements , utilities , grading Has Bidder ever failed to complete any work awarded to it? Ifso, note when, where, and why:

NO
Within the last ?ve years, has any officer or partner of Bidder’s organization ever been an officer or partner of another organization when it failed to complete a contract? if so, attach a separate sheet of explanation:

NO
List Trade References:

Robertsons Ready Mix
Superior Ready Mix
Holliday Rock
All American asphalt
List Bank References (Bank and Branch Address):

Wells Fargo 499 E Sixth St Beaumont, CA 92223
.::

Twentynine Palms
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15.0 Name of Bonding Company and Name and Address of Agent:

Arch Insurance Co
210 Hudson Ave Suite 300, Jersey City, NJ 07311
[REMAINDER OF THIS PAGE INTENTIONALLYLEFT BLANK]
B. LIST OF CURRENT PROJECTS (BACKLOG)
***Noteto Bidders: Duplicate Page if needed for listing additional current projects.*** Project Description of Completion Ccst of Bidders Contact Name & Bidder’s Work Date W
Phone ork
_.___ ,
_ KelliO'conner
Eunnyslope Concrete AC work 07/01/2023 2,246,197.00 661-203-4080 pavement Rehab Mirela Grigorescu
Sierra Way Street Improvement 05/20/2023 2,393,700.00 909334-5202 +- L l-—
24 Twentynine Palms
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C. LIST OF COMPLETED PROJECTS - LAST THREE YEARS
***Note to Bidders: Duplicate Page if needed for listing additional completed projects.*** Please include only projects that are similar in size, scope and complexity to the Work to demonstrate Bidder’s ability to perform the required Work.

Description of Period of Cost of Bidders Contact Name & Work Client Bidder s Work Performance Work Phone
gitlyof Twentynine Richard Pederson
8 ms Street Improvement 08/2020 #1,1 M
Concrete and - . . 09/2021 Carlos Geronimo,
City of Memfee Asphalt Improvement 50-[K 951_723_3-722
25 Twentynine Palms
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D. EXPERIENEIE AND TECHNICAL QUALIFICATIONS QUESTIONNAIRE Personnel:

The Bidder shall identify the key personnel to be assigned to this project in a management, construction supervision or engineering capacity.

1. List each person's job title, name and percent of time to be allocated to this project:

Jesse Rogers Superinntendent 100%
Johnny Sedeno Project Manager 100%
Carlos Ale Concrete Foreman 100%
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Safe Route to School Infrastructure Implementation Project

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2. Summarize each person's specialized education:

Jesse Specializes in project management and supervision Johnny specializes in project management and safety
Carlos specializes in Concrete masonry

3. List each person's years of construction experience relevant to the project:

Jesse Rogers 20 plus years
johnny Sedeno 15 Plus years
Carlos Ale 35 plus years in masonry

4. Summarize such experience:

Overall as a team and ‘company we fully specialize in concrete, Asphalt Road improvements
Bidder agrees that personnel named in this Bidwillremain on this project in their designated capacities until completion of all relevant Work, unless replaced by personnel of equivalent experience and qualifications approved in advance by the City.

Additional Bidder’s Statements:

If the Bidder feels that there is additional information which has not been included in the questionnaire above, and which would contribute to the qualification review, it may add that information in a statement here or on an attached sheet, appropriately marked:

E. VERIFICATION AND EXECUTION
These Bid Forms shall be executed only by a duly authorized official of the Bidder:

I declare under penalty of perjury under the laws of the State of California that the foregoing information is true and correct:

Name ofmqder I General Engineering Inc.

Signature
Vincenzo Nanci Name
Title President
Dated 04/04/2023

END OF BIDDER INFORMATION AND EXPERIENCE FORM
27 Twentynine Palms
Safe Route to School Infrastructure Implementation Project

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SECTION 340 — DESIGNATIONOF SUBCONTRACTORS
In compliance with the Subletting and Subcontracting Fair Practices Act of the Public Contract Code of the State of California, each bidder shall set forth below: (a) the name and the location of the place of business, (b) the California contractor license number, and (c) the portion of the work which will be done by each subcontractor who willperform work or labor or render service to the Contractor in or aboutthe construction of the work in an amount in excess of one—halfof one percent (1/2%) of the Contractor’s Total Bid Price.

Notwithstanding the foregoing, ifthe work involves streets and highways, then the Contractor shall list each subcontractor who will perform work or labor or render service to Contractor in or about the work in an amount in excess of one-half of one percent (1/2%) ofthe Contractor‘stotal BidPrice or $10,000, whichever is greater. No additional time shall be granted to provide the below requested information.

If no subcontractor is specified, for a portion of the work, or ifmore than one subcontractor is specified for the same portion of Work, then the Contractor shall be deemed to have agreed that it is fully qualified to perform that Work, and that it shall perform that portion itself.

The City requires the Contractor to perform at least 50% of the Work with its own forces and equipment.

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SECTION 350 - IRAN CONTRACTING ACT CERTIFICATION
(PUBLIC CONTRACT CODE SECTION 2200 ET SEQ.)
As required by California Public Contract Code section 2204, the Contractor certifies subject to penalty for perjury that the option checked below relating to the Contractor’s status in regard to the Iran Contracting Act of 2010 (Public Contract Code section 2200 et seq.) is true and correct:

EThe Contractor is not:
1) identified on the Current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code section 2203; or 2) a financial institution that extends, for 45 days or more, Credit in the amount of $20,000,000 or more to any other person or entity identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code section 2203, ifthat person or entity uses or will use the credit to provide goods or services in the energy sector in Iran.

The City has exempted the Contractor from the requirements of the Iran Contracting Act of 2010 after making a public finding that, absent the exemption, Agency will be unable to obtain the goods and/or services to be provided pursuant to the Contract.

The amouof the Co tract payable to the Contractor for the Work does not exceed $1 000,000.

I Signed
med President
Firm IE General Engineering Inc.

Date 04/04/2023
Note: In accordance with Public Contract Code section 2205, false certification of this form shall be reported to the California Attorney General and may result in civil penalties equal to the greater of $250,000 or twice the Contract Price, termination of the Contract and/or ineligibility to bid on contracts for three years. 30 Twentynine Palms
Safe Route to School Infrastructure Implementation Project

ADDENDUM No. 1

TO CONTRACT DOCUMENTS FOR

COMMUNITY DEVELOPMENT DEPARTMENT TENANT IMPROVEMENT
ISSUED: March 15. 2023
This Addendum is issued to the Safe Routes to School Infrastructure Implementation project. Subunit proposals for this work with the understanding and full consideration of this addendum. The revisions declared herein are essential parts of the Contract. Each bidder shall acknowledge receipt of this Addendum by signing the acknowledgment section of this addendum, and attaching the complete. signed addendum to the Proposal.

I-‘HWA Form 1273 (Dated July 5, 2022) is referenced in the bid documents but not included in the originall_V uploaded documents.

Attachments:
0 Fl-IWA Form 1273
This addendum has been prepared under the direction ofthe undersigned city representative:
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»/I5/~“/‘{//(// ’;./K/?‘{%;-/‘A/4’/'° / March I5.2023
Rich Berger. Project Manager D2116
Addendum #1
Page I oI‘2

Acknowledgement:

I have reviewed the materials included in Addendum No. 1 to the Safe Routes to School Infrastructure Implementation project and understand the information provided is included as part ofthe contract documents. y 4/4/2023
B)‘:

Respondenfs Signature Date
Vincenzo Nanci
Respondent's Name (printed)
President
Name of Company
End of Addendum N0. 1
Addendum #1

FHWA-1273 —— Revised July 5. 2022

REQUIRED CONTRACT PROVISIONS

FEDERAL-AID CONSTRUCTION CONTRACTS
I. General
ll. Nondiscrimination ‘
ill. Non-segregated Facilities
IV. Davis-Bacon and Related Act Provisions
V. Contract Work Hours and Safety Standards Act
Provisions
VI. Subletting or Assigning the Contract
VII. Safety: Accident Prevention
Vlll. False Statements Concerning Highway Projects
IX. implementation of Clean Air Act and Federal Water
Pollution Control Act
X. Certi?cation Regarding Debarment, Suspension,
ineligibility and Voluntary Exclusion
XI. Certi?cation Regarding Use of Contract Funds for
Lobbying
XII. Use of United States-Flag Vessels:

ATTACHMENTS
A. Employment and Materials Preference for Appalachian
Development Highway System or Appalachian Local Access
Road Contracts (included in Appalachian contracts only) I. GENERAL

1. Form FHWA-1273 must be physically incorporated in each construction contract funded under title 23, United States Code, as required in 23 CFR 633.102(b) (excluding
emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). 23 CFR
633.102(e).

The applicable requirements of Form FHWA-1273 are
incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. 23 CFR 633.102(e).

Form FHWA-1273 must be included in all Federal-aid designbuild contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services) in accordance with 23 CFR 633.102. The design-builder shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider.

Contracting agencies may reference Form FHWA-1273 in
solicitation-for-bids or request-for-proposals documents, however, the Form FHWA-1273 must be physically
incorporated (not referenced) in all contracts, subcontracts and lower-tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 23 CFR 633.102(b).

2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 23 CFR 633.102(d).

3. A breach of any of the stipulations contained in these Required Contract Provisions may be suf?cient grounds for withholding of progress payments, withholding of final
payment, termination of the contract, suspension /debarment or any other action determined to be appropriate by the contracting agency and FHWA.

4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal-aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. 23 USC. 114(b).

The term Federal-aid highway does not include roadways
functionally classi?ed as local roads or rural minor collectors. 23 U.S.C.101(a).

II. NONDISCRIMINATION(23 CFR 230.107(a); 23 CFR Part
230, Subpart A, Appendix A; E0 11246)
The provisions of this section related to 23 CFR Part 230, Subpart A, Appendix A are applicable to all Federal-aid construction contracts and to all related construction
subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering. or architectural service contracts.

In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR Pan 60, 29 CFR Parts 1625-1627, 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq), and related regulations including 49 CFR Parts 21,26, and 27; and 23 CFR Parts 200, 230, and 633.

The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60-

1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity
Construction Contract Specifications in 41 CFR 60-4.3.

Note: The US. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR Part 60, and 29 CFR Parts 1625-1627. The contracting agency and
the FHWA have the authority and the responsibility to ensure compliance with 23 U.S.C. 140, Section 504 of the
Rehabilitation Act of 1973, as amended (29 USC. 794), and Title Vi of the Civil Rights Act of 1964. as amended (42 U.S,C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633.

The following provision is adopted from 23 CFR Part 230, Subpart A, Appendix A, with appropriate revisions to conform to the US. Department of Labor (US DOL) and FHWA
requirements.

1. Equal Employment Opportunity: Equal Employment
Opportunity (EEO) requirements not to discriminate and to take af?rmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (see 28 CFR Part 35, 29 CFR Part 1630, 29 CFR Parts 1625-1627, 41 CFR Part 60 and 49 CFR Part 27) and orders of the Secretary of Labor as modi?ed by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140, shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR Part 35 and 29 CFR Part 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum speci?c requirement activities of EEO:
a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. 23 CFR 230.409 (g)(4) & (5). b. The contractor will accept as its operating policy the following statement:
''It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, sexual orientation, gender identity, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection fortraining, including
apprenticeship, pre-apprenticeship, and/or on-the-job
training."

2. EEO Officer: The contractor will designate and make
known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so.

3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action or are substantially involved in such action, will be made fully cognizant of and will implement the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum:
a. Periodic meetings of supervisory and personnel of?ce employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be
reviewed and explained. The meetings will be conducted by the EEO Of?cer or other knowledgeable company official. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees.
e. The contractor's EEO policy and the procedures to
implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means.

4. Recruitment: When advertising for employees, the
contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." Allsuch
advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid
bargaining agreement, conduct systematic and direct
recruitment through public and private employee referral sources likely to yield quali?ed minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees and establish with such identi?ed sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration.
b. In the event the contractor has a valid bargaining
agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where
implementation of such an agreement has the effect of
discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions.
c. The contractor will encourage its present employees to refer minorities and women as applicants for employment. information and procedures with regard to referring such applicants will be discussed with employees.

5. Personnel Actions: Wages, working conditions, and
employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age or disability.

The following procedures shall be followed:
a. The contractor will conduct periodic inspections of project sites to ensure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel.
b. The contractor will periodically evaluate the spread of wages paid within each classi?cation to determine any
evidence of discriminatory wage practices.
c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. Ifthe review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons.
d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action

within a reasonable time. lfthe investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal.

6. Training and Promotion:
a. The contractorwill assist in locating, qualifying, and increasing the skills of minorities and women who are
applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade oriob classi?cation involved. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs (i.e., apprenticeship and on-the-job training programs for the geographical area of contract performance). In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve
training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a).
c. The contractor will advise employees and applicants for employment of available training programs and entrance
requirements for each.
d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion.

7. Unions: lfthe contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. 23 CFR 230.409. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below:
a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment.
b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability.
c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information.
d. In the event the union is unable to provide the contractor with a reasonable ?ow of referrals within the time limitset forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, ?ll the employment vacancies without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability; making full efforts to obtain quali?ed and/or quali?able minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the
requirements of this paragraph. in the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency.

8. Reasonable Accommodation for Applicants I
Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established thereunder. Employers must provide reasonable
accommodation in all employment activities unless to do so would cause an undue hardship.

9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not
discriminate on the grounds of race, color, religion, sex, sexual orientation, gender identity, national origin. age, or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The
contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors. suppliers, and lessors of their EEO obligations under this contract.
b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations.

10. Assurances Required:
a. The requirements of 49 CFR Part 26 and the State
DOT’s FHWA-approved Disadvantaged Business Enterprise
(DBE) program are incorporated by reference.
b. The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to: (1) Withholding monthly progress payments; (2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying the contractor from future bidding as nonresponsible. c. The Title VI and nondiscrimination provisions of US.

DOT Order 1050.2A at Appendixes A and E are incorporated by reference. 49 CFR Part 21.

11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the ?nal payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA. a. The records kept by the contractor shall document the following:

(1) The number and work hours of minority and non- minority group members and women employed in each work classi?cation on the project;
(2) The progress and efforts being made in cooperation
with unions, when applicable, to increase employment
opportunities for minorities and women; and
(3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women. b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project indicating the number of minority, women, and non- minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA—1391. The staf?ng data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should re?ect the work force on board during all or any part of the last payroll period preceding the end of July.

Ill. NONSEGREGATED FACILITIES
This provision is applicable to all Federa|~aid construction contracts and to all related construction subcontracts of more than $10,000. 41 CFR 60-15.

As prescribed by 41 CFR 60-1.8, the contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin cannot result. The contractor may neither require such
segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location under the contractor's control where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas,
transportation, and housing provided for employees. The contractor shall provide separate or single-user restrooms and necessary dressing or sleeping areas to assure privacy
between sexes.

IV. DAVIS-BACON AND RELATED ACT PROVISIONS
This section is applicable to all Federal-aid construction projects exceeding $2,000 and to all related subcontracts and lower-tier subcontracts (regardless of subcontract size), in accordance with 29 CFR 5.5. The requirements apply to all projects located within the right-of-way of a roadway that is functionally classi?ed as Federal-aid highway. 23 U.S.C. 113.

This excludes roadways functionally classi?ed as local roads or rural minor collectors, which are exempt. 23 U.S.C. 101.

Where applicable law requires that projects be treated as a project on a Federal-aid highway, the provisions of this subpart will apply regardless of the location of the project. Examples include: Surface Transportation Block Grant Program projects funded under 23 U.S.C. 133 [excluding recreational trails projects], the Nationally Significant Freight and Highway Projects funded under 23 USC. 117, and National Highway Freight Program projects funded under 23 U.S.C. 167.

The following provisions are from the US. Department of Labor regulations in 29 CFR 55 “Contract provisions and related matters" with minor revisions to conform to the FHWA1273 format and FHWA program requirements.

1. Minimum wages (29 CFR 5.5)
a. All laborers and mechanics employed or working upon
the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona ?de fringe bene?ts (or cash equivalents
thereof) due at time of payment computed at rates not less than those contained in the wage determination of the
Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics.

Contributions made or costs reasonably anticipated for bona fide fringe bene?ts under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1d. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period.

Such laborers and mechanics shall be paid the appropriate wage rate and fringe bene?ts on the wage determination for the classi?cation of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classi?cation may be compensated at the rate specified for each
classi?cation for the time actually worked therein: Provided.

That the employer's payroll records accurately set forth the time spent in each classi?cation in which work is performed.

The wage determination (including any additional classification and wage rates conformed under paragraph 1.b. of this
section) and the Davis-Bacon poster (WH—1321) shall be
posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
b.(1) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met:
(i) The work to be performed by the classi?cation
requested is not performed by a classi?cation in the wage determination; and
(ii) The classi?cation is utilized in the area by the
construction industry; and