Twentynine Palms City Council
May 9, 2023

TWENTYNINE PALMS CITY COUNCIL

REGULAR MEETING AGENDA
6136 Adobe Road
Twentynine Palms, CA 92277
www.29palms.org
Tuesday, May 9, 2023
NOTICE IS HEREBY GIVEN, that the City Council will hold a Regular Meeting on Tuesday, May 9, 2023 at City Hall, 6136 Adobe Road, Twentynine Palms, CA 92277 to consider the following:

CLOSED SESSION AGENDA
4:45 P.M.

CALL TO ORDER
Roll Call.

Adjourn to Closed Session.

CLOSED SESSION
A “Closed” Session of the City Council may be held in accordance with state law which may include, but is not limited to, the following types of items: personnel matters, labor negotiations, security matters, providing instructions to real property negotiators and conference with legal counsel regarding pending litigation. The Closed Session will be held in the City Hall Conference Room located at 6136 Adobe Road, Twentynine Palms, California. Any public comment on Closed Session items will be taken before the Closed Session. Any required announcements or discussion of Closed Session items or actions following the Closed Session will be made in the City Council Chambers, 6136 Adobe Road, Twentynine Palms, California. 1 Closed Session Pursuant to Government Code §54957 - Public Employees Performance Evaluation, City Manager.

REGULAR SESSION AGENDA
6:00 P.M.

CALL TO ORDER
Pledge of Allegiance.

Invocation - Rev. Casey Orndorf.

Roll Call.

Closed Session Announcements.

Changes to the Agenda.

ANNOUNCEMENTS
These proceedings may be viewed on demand on the City of Twentynine Palms website at www.29palms.org.

You may also Live Stream this meeting by going on the City website and clicking on the "Meeting Agendas" link.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS
1 Presentation to Women of Color Global for their Participation in the Cash for Trash and Recycling Program.
2 Proclamation Recognizing May 2023 as Asian American, Native Hawaiian, and Pacific Islander Heritage Month.

Proclamation Recognizing May 2023 as Asian American, Native Hawaiian, and Pacific Islander Heritage Month. - Pdf
5 - 6
3 Proclamation Recognizing May 2023 as Mental Health Awareness Month.

Proclamation Recognizing May 2023 as Mental Health Awareness Month. - Pdf 7 - 8
4 Presentation - Certificates of Recognition.

COUNCIL COMMENTS AND REPORTS OF MEETINGS ATTENDED

CONSENT CALENDAR
All matters listed under the Consent Calendar are to be considered routine by the City Council and will be enacted by one motion in the form listed. Any item may be removed from the Consent Calendar and considered separately by the City Council. The public will be given an opportunity to comment on Consent Calendar items prior to the City Council action.

5. Waive the Reading of Ordinance and Approve the Reading by Title Only.

6. Approval of Minutes of the City Council Meeting Held on April 25, 2023.

City Council - Regular Meeting - 25 Apr 2023 - Minutes - Pdf 9 - 14

7. Fire Department Emergency Response Report - April 2023.

Fire Department Emergency Response Report - April 2023. - Pdf 15 - 16

8. Legislative Report - April 2023.

Legislative Report - April 2023. - Pdf
17 9. Appropriation Limit FY 2023-24.

RECOMMENDATION: The City Council establish an appropriation limit for Fiscal Year 2023-2024 by the adoption of the next Resolution in order.

Appropriation Limit FY 2023-24. - Pdf
19 - 25

10. Land Transfer Agreement.

RECOMMENDATION: The City Council approve the Land Transfer and Reimbursement of Costs with Basin Transit for the eventual Bus Transit Center.

Land Transfer Agreement
Arial Photo of the Subject Properties
27 - 37

11. Material Acquisition for the Road Overlay from Blue Diamond with the SB 1 funds.

RECOMMENDATION: The City Council approve the purchase of materials for road overlay from Blue Diamond with SB1 funds to repair/maintain the attached list of streets in the amount not to exceed $665,000.

Material Acquisition for the Road Overlay from Blue Diamond with the SB 1 funds. - Pdf 39 - 42

12. Material acquisition for the Road Overlay from Blue Diamond with Article 8 funds.

RECOMMENDATION: The City Council approve the purchase of materials for road overlay from Blue Diamond with Article 8 funds to repair/maintain three streets (Cottonwood Drive, Quail Spring Avenue, and Buena Vista Drive) within the City of Twentynine Palms in the amount not to exceed $156,000.

Material acquisition for the Road Overlay from Blue Diamond with Article 8 funds. - Pdf 43 - 44

13. Purchase of Toro Groundsmaster 3200 24hp 2wd Lawnmower.

RECOMMENDATION: The City Council approve the purchase of the 2023 Toro Groundsmaster 3200 24hp 2wd lawnmower in the amount of $25,407.27.

Purchase of Toro Groundsmaster 3200 24hp 2wd Lawnmower. - Pdf 45 - 52

14. Safe Route to School- Infrastructure Implementation Project ATPSB1L-5448(010).

RECOMMENDATION: The City Council:

1. Adopt the design of the project represented by the Plans and Specifications for the SR 62 Sidewalks Improvement Project, Phase- From Encelia Avenue to Larrea Avenue.

2. Award the contract for the “Safe Routes to School- Infrastructure Implementation Project ATPSB1L-5448(010)” to IE General Engineering, for the amount of $1,239,799 and authorize a 10% contingency in the amount of $123,979, for a total contract amount of $1,363,779.

3. Authorize the City Manager to execute all documents necessary to enter into the contract, including any necessary amendments thereto.

Safe Route to School- Infrastructure Implementation Project ATPSB1L-5448(010). - Pdf 53 - 261

ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION

PUBLIC HEARING- NONE

DISCUSSION AND POTENTIAL ACTION ITEMS

15. The Process of Selecting Mayor and Mayor Pro Tem Each Year - Future Agenda Item Request.

RECOMMENDATION: The City Council review the current process of selecting a Mayor and Mayor Pro Tem each year and potentially give direction on a new process.

The Process of Selecting Mayor and Mayor Pro Tem Each Year - Future Agenda Item Request. - Pdf
263 - 264

16. Preliminary 2-Year Project Phoenix Funds Budget FY 2023-24 & 2024-25.

RECOMMENDATION: Staff is presenting the preliminary Two-Year Special Funds Budget for Fiscal Year 2023/24 & 2024/25 for initial Council review and direction.

Preliminary 2-Year Project Phoenix Funds Budget FY 2023-24 & 2024-25. - Pdf 265 - 284

17. Presentation of the Preliminary Two-Year Special Funds Budget for Fiscal Year 2023-24 & 2024-25.
285 - 322

RECOMMENDATION: The City Council approve a budget adjustment of $58,000 in the Gas Tax Fund for the acquisition of a street roller needed by Public Works in FY 2022-23.

Presentation of the Preliminary Two-Year Special Funds Budget for Fiscal Year 2023-24 & 2024-25. - Pdf

FUTURE COUNCIL INITIATED ITEMS

1. Seasonal Banners throughout the City.

2. Maintained v. Non-Maintained Roads.

3. Discussion on working with non-profit organizations to establish a "Heating Shelter" during the Winter months.

4. Planning Commission review of what materials can be used for commercial driveways.

PUBLIC COMMENTS
This is the time for the public to address the City Council on issues within the jurisdiction of the City Council that are NOT on this agenda. All comments are to be directed to the City Council and shall not consist of any personal attacks. Members of the public are expected to maintain a professional, courteous decorum during their comments. There is a time limitation of three minutes per person. If you haven’t already done so, please fill out name and address slips and give them to the City Clerk. The City Council is prohibited by State law from taking action or discussing items not included on the printed agenda. Public comments on specific agenda items will be deferred until consideration of the item on the agenda.

CITY MANAGER UPDATE

ADJOURNMENT
It is the intention of the City of Twentynine Palms to comply with the Americans with Disabilities Act in all respects. If you are a person with a disability who requires a disability-related modification or accommodation in order to participate in a meeting, including auxiliary aids or services, please request such modification or accommodation from the City Clerk at (760) 367- 4890 (facsimile). Notification at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to the meeting. Please advise us at the time whether you will require accommodations to participate in meetings on a regular basis. Any person affected by any application on this agenda may submit their concerns in writing prior to the meeting or appear in person and be heard in support or opposition to the proposal at the time the matter is considered on the agenda. The staff reports, applications and environmental documents may be viewed at either the office of Community Development or the office of the City Clerk, 6136 Adobe Road, from 7:00 a.m. until 6:00 p.m. Monday through Thursday, except legal holidays. The Invocation is given per Policy 10-01, and does not reflect the views of the City but rather is an expression of speech by a private citizen making the presentation. Telephone inquiries may be made at (760) 367-6799. If you challenge any agenda issue in court, you may be limited to raising only those issues that you or someone else raised at the public meeting described in this notice, or in written correspondence delivered to the City of Twentynine Palms at, or prior to, the public meeting.

This notice of agenda is hereby certified to have been posted on or before 6:00 p.m., May 4, 2023.

Cindy Villescas CMC, City Clerk Time/Date

STAFF REPORT
TO: City Council
FROM: Office Assistant
FOR MEETING: May 09 2023
SUBJECT: Proclamation Recognizing May 2023 as Asian American, Native Hawaiian, and Pacific Islander Heritage Month.

ATTACHMENTS:
• Proclamation Recognizing
May 2023 as Asian American,
Native Hawaiian, and Pacific
Islander Heritage Month

CITY OF TWENTYNINE PALMS

PROCLAMATION

ASIAN AMERICAN, NATIVE HAWAIIAN,
AND PACIFIC ISLANDER HERITAGE MONTH 2023
WHEREAS, during Asian American, Native Hawaiian, and Pacific Islander Heritage Month, our Nation recognizes the innumerable contributions, vibrant cultures, and rich heritage of Asian Americans, Native Hawaiians, and Pacific Islanders (AA and NHPIs). As some of the fastest-growing racial and ethnic groups in the Nation, AA and NHPI communities represent a multitude of ethnicities, languages, and experiences that enrich America and strengthen our Union; and
WHEREAS, AA and NHPIs have long played an essential role in writing the American story. From serving our country in uniform, advocating for civil rights, starting new businesses, and winning Olympic medals, the contributions of the AA and NHPI community touch the lives of Americans every day. AA and NHPIs serve with distinction at the highest levels of Federal, State, and local government; and WHEREAS, as we celebrate AA and NHPI communities, we must also redouble our commitment to combating the surge of anti-Asian hate crimes. Many other incidents of anti-Asian bias, xenophobia, and harassment that surfaced throughout the COVID-19 pandemic were not even reported. We cannot allow these horrific acts to continue threatening the safety of AA and NHPI Americans—especially women, girls, and the elderly. These acts are wrong; they are un-American; they must stop. As we work to ensure that hatred has no safe harbor in America’s future, we must confront shameful chapters in our history. And we will continue to root out racial injustices of our past and advance equity for all Americans as we move forward; and WHEREAS, this month, we celebrate our fellow Americans from AA and NHPI communities and pay tribute to all they have done to help fulfill the promise of America for all. Together, let us recommit ourselves to building a country in which every American—regardless of who they are, where they come from, or what they look like—has an opportunity to thrive.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Twentynine Palms does hereby proclaim May 2023 as ASIAN AMERICAN, NATIVE HAWAIIAN, AND PACIFIC ISLANDER HERITAGE MONTH. We call upon all Americans to learn more about the history of Asian Americans, Native Hawaiians, and Pacific Islanders and to observe this month with appropriate programs and activities.

DATED this 9th day of May 2023.
______________________________
McArthur Wright, Mayor

STAFF REPORT
TO: City Council
FROM: Office Assistant
FOR MEETING: May 09 2023
SUBJECT: Proclamation Recognizing May 2023 as Mental Health Awareness Month.

ATTACHMENTS:
• Proclamation Recognizing
May 2023 as Mental Health
Awareness Month

CITY OF TWENTYNINE PALMS

PROCLAMATION

MENTAL HEALTH AWARENESS MONTH
WHEREAS, each May, we raise awareness about the importance of mental health and its impact on the well-being of all Americans, including children, adults, families, and communities across our Nation. We also give thanks to the dedicated mental health providers whose service and support improve the lives of so many Americans. We stand in solidarity with those experiencing mental health conditions, renewing our commitment to providing them with the support they need and deserve; and WHEREAS, even before the pandemic, millions of Americans were experiencing stress, trauma, anxiety, and heightened levels of depression. The COVID-19 pandemic exacerbated those conditions, creating an unprecedented mental health crisis across our country. Communities of color, frontline workers, health care workers, and individuals with eating disorders have been disproportionately impacted. The rate of depression across the country has more than tripled compared to rates in 2019; and WHEREAS, mental health challenges among our youth have also been particularly acute due to disruptions in routines, increased social isolation, and learning loss. Research has shown that social media plays a central role in increasing mental health challenges among young people—especially young women. Emergency department visits for attempted suicide among girls in 2021 increased by more than 50 percent compared to 2020. American Indians, Alaska Natives, Black youth, and LGBTQIA+ youth also face a disproportionate risk of suicide; and
WHEREAS, last year, the Surgeon General released an Advisory on Protecting Youth Mental Health that underscored the growing harms of digital technologies – especially social media – on the mental health of our youth. It is time to strengthen privacy protections, ban targeted advertising to children, and demand that technology companies stop collecting our children's personal data. We must also continue researching the impact of social media on the mental health of our children, expand services in school to promote their wellbeing, and set them up for success so they can thrive as adults; and WHEREAS, each of us has a vital role in supporting our fellow Americans living with mental health conditions. Learn the warning signs of emotional distress and suicide. Engage affected loved ones in supportive dialogue. Fight the prejudice and negative attitudes that discourage those in need from seeking mental health support. Above all, let us collectively ensure that all children and adults experiencing mental health challenges are treated with the compassion, respect, and understanding they deserve.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Twentynine Palms, does hereby proclaim May 2023 as NATIONAL MENTAL HEALTH AWARENESS MONTH and encourages all citizens to take action in helping to strengthen the mental health of our communities and our Nation.

DATED this 9th day of May 2023.
______________________________
McArthur Wright, Mayor

TWENTYNINE PALMS CITY COUNCIL
City Council - Regular Meeting MINUTES
City Hall, 6136 Adobe Road, Twentynine Palms, CA 92277
www.29palms.org
April 25, 2023
CALL TO ORDER - Mayor Wright called the meeting to order at 6:00 p.m.

Pledge of Allegiance - Ms. Nicole Hitch led the Pledge of Allegiance.

Invocation - Pastor Mike Maddy, Shadow Mountain Community Church, gave the Invocation.

Roll Call - The following Councilmembers were present: Bilderain, Klink, Mintz, Scott, Wright.

Closed Session Announcements - None.

Changes to the Agenda - None.

ANNOUNCEMENTS
Mayor Wright announced that these proceedings may be viewed on demand on the City of Twentynine Palms website at www.29palms.org. You may also Live Stream this meeting by going on our website and clicking on the "Meeting Agendas" link.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

1. Presentation to the Twentynine Palms Rotary Club for their Participation in the Cash for Trash and Recycling Program.

Mayor Pro Tem Bilderain presented checks in the amount of $300 each from the City of Twentynine Palms and Burrtec Waste and Recycling Services to Ms. Liz Meyer, representing the Twentynine Palms Rotary Club.

2. Presentation to the City on behalf of the Hilltoppers Motorcycle Club.

Mr. Jerry Grabow, President of the Hilltopper Motorcycle Club, presented a plaque with a "Key to the Track" to Mayor Wright and thanked the City of Twentynine Palms for supporting the Hilltoppers Motorcycle event that is held every April.

3. Proclamation Recognizing April 2023 as DMV Donate Life Month.

Mayor Wright read the Proclamation recognizing April 2023 as DMV Donate Life Month.

4. Proclamation Recognizing April 2023 as Sexual Assault Awareness Month.

Mayor Wright read the Proclamation recognizing April 2023 as Sexual Assault Awareness Month.

5. Proclamation Recognizing April 2023 as Child Abuse Prevention Awareness Month.

Mayor Wright read the Proclamation recognizing April 2023 as Child Abuse Prevention Month.

City Council - Regular Meeting
April 25, 2023

COUNCIL COMMENTS AND REPORTS OF MEETINGS ATTENDED
Councilmember Scott commented that he attended the East Valley Regional Steering Committee meeting, the Easter event at Luckie Park, the Sunrise Service at Freedom Plaza, the Hilltoppers Gran Prix and he participated in the Backpack Outreach with Oasis Church. He mentioned that he also met with Capt. Warrick from the San Bernardino County Sheriff's Department along with the Mayor and City Manager.

Councilmember Mintz mentioned that he attended the Hilltoppers Gran Prix and the High School softball team finished with an 8-6 record, placing 3rd in the Division. They will be in the Playoffs that begin next week.

Councilmember Klink wished everyone celebrating a birthday in April a Happy Birthday, he attended the Hilltoppers Gran Prix and the Desert/Mountain Division Measure I meeting in Victorville.

Mayor Pro Tem Bilderain mentioned that he attended some internal ad hoc committee meetings, and he wished a Happy Birthday to all celebrating their birthday in April.

Mayor Wright commented that he attended the Hilltoppers Motorcycle event, the Good Friday Services at Little Church of the Desert, the Sunrise Service at Freedom Plaza, the Morongo Basin Transit meeting, he was Principal for a Day at Oasis Elementary School, and he participated in the testing of the new slide at the Luckie Park Pool. He wished everyone celebrating a birthday in April a Happy Birthday.

CONSENT CALENDAR
Waive the Reading of Ordinance and Approve the Reading by Title Only.

6. Waive the Reading of Ordinance and Approve the Reading by Title Only.

7. Approval of Minutes of the City Council Meeting Held on February 28, 2023, and March 28, 2023.

8. Treasurer's Report - FY 2022-23 Quarter 3.

10. Housing Element Annual Progress Report.

RECOMMENDATION: The City Council accept and file the Housing Element Annual Progress Report.

11. General Plan Status Report.

RECOMMENDATION: The City Council accepts and file the General Plan Status Report.

12. Approval of Project Phoenix Warrant Register Totaling $124,680.60.

13. Approval of Warrant Register Totaling $5,853,394.43.

14. Microphone System for Community Center.

RECOMMENDATION: The City Council approves the purchase of a Shure Microphone System in the amount of $35,768.69 for public meeting use at the Community Center.

15. Clean Water State Revolving Funding (SRF) Resolution.

RECOMMENDATION: The City Council approve Resolution No. 23-05 approving the submission of the Clean Water State Revolving Fund (SRF) application for the furtherance of the planning and construction of the centralized wastewater and sewer system for the City.

Councilmember Scott pulled item #9 for discussion.

City Council - Regular Meeting
April 25, 2023
ACTION: A motion was made by Councilmember Mintz, seconded by Mayor Pro Tem Bilderain to approve the Consent Calendar as submitted.

Councilmember Mintz abstained from items #11 and #13 due to a possible conflict of interest.

The above motion was carried by the following:

ROLL CALL VOTE:

AYES: BILDERAIN, KLINK, MINTZ, SCOTT, WRIGHT
NOES: NONE
ABSTAIN: MINTZ FROM ITEM #11 and 13
ABSENT: NONE

ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION

9. Housing Element Annual Progress Report.

RECOMMENDATION: The City Council accept and file the Housing Element Annual Progress Report.

Community Development Director Gardner (Director Gardner) presented the Staff Report.

ACTION: A motion was made by Councilmember Scott, seconded by Mayor Pro Tem Bilderain to approve the Housing Element Annual Progress Report.

The above motion was carried by the following:

ROLL CALL VOTE:

AYES: BILDERAIN, KLINK, MINTZ, SCOTT, WRIGHT
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
PUBLIC HEARING - None.

DISCUSSION AND POTENTIAL ACTION ITEMS

16. Housing/Homeless Committee Appointment.

RECOMMENDATION: The Councilmember Sub Committee, Mayor Pro Tem Bilderain and Councilmember Scott will recommend Andrea Keller and Veno Nathraj to be appointed to the Committee to discuss and advise the City Council on Housing and Homeless related issues.

Mayor Pro Tem Bilderain presented the recommendations made by Councilmember Scott and himself.

Veno Nathraj, Twentynine Palms, thanked the City Council for appointing him to this committee.

ACTION: A motion was made by Councilmember Klink, seconded by Councilmember Mintz to appoint Andrea Keller and Veno Nathraj to the Housing and Homeless Committee.

The above motion was carried by the following:

ROLL CALL VOTE:

AYES: BILDERAIN, KLINK, MINTZ, SCOTT, WRIGHT
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE

City Council - Regular Meeting
April 25, 2023

17. Presentation of the Preliminary Two-Year General Fund Budget for Fiscal Year 2023-24 & 2024-25.

RECOMMENDATION: The City Council approve a budget adjustment of $104,090 in the General Fund for FY 2022-23 for Sheriff's contract cost increases (partial year for detective in current fiscal year) and review/comment on the two-year budget.

Finance Director Hernandez-Conde (Director Hernandez-Conde) presented the Preliminary Two-Year General Fund Budget for Fiscal Year 2023-24 and 2024-25.

Veno Nathraj, Twentynine Palms, asked Finance Director Hernandez-Conde if the difference in revenue and expenditures are more in the Admin area or another area. Director Hernandez-Conde commented that it was more law enforcement fees. He also commented on the 12% decrease in reserves in the past year.

Terrence Lattimer, Twentynine Palms, commented that he is opposed to the City Council cutting line item #5 on the list (PAAC additional funding).

Councilmember Scott commented that $50,000 has been allocated for events in the City.

ACTION: A motion was made by Councilmember Scott, seconded by Councilmember Mintz to approve a budget adjustment of $104,090 in the General Fund for FY 2022-23 for Sheriff's contract cost increases (partial year for detective in current fiscal year) and review/comment on the two-year budget.

The above motion was carried by the following:

ROLL CALL VOTE:

AYES: BILDERAIN, KLINK, MINTZ, SCOTT, WRIGHT
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE

18. Wastewater Advisory Committee.

RECOMMENDATION: Each City Council Member appoint a member of the Community to the Wastewater Advisory Committee.

City Manager Luckino presented the Staff Report.

Joseph Carder, Twentynine Palms, spoke in opposition of the sewer project.

Veno Nathraj, Twentynine Palms, mentioned that he understands the comments made by Mr. Carder and suggested that this go into a commercial zoned area.

The following citizens were picked by Councilmembers to be on the Advisory Committee:

Councilmember Mintz - Dawn Benton
Councilmember Klink - Karalee Hargrove
Councilmember Scott - Karmolette O'Gilvie
Mayor Pro Tem Bilderain - Nate Mathers
Mayor Wright - Gerald Turner

City Council - Regular Meeting
April 25, 2023

19. Mitigated Negative Declaration for Wastewater Reclamation Project Phase 1.

RECOMMENDATION: That the City Council adopt the Mitigated Negative Declaration for the Wastewater Reclamation Project Phase 1.

Director Gardner and City Manager Luckino presented the Staff Report. The floor was then turned over to Ms.

Kelly Clark, Terra Nova, who gave a Power Point presentation on the Wastewater Reclamation Project Phase

1. Councilmember Scott asked the City Manager what needs to be done to move the plant. City Manager Luckino replied that there are cultural evaluations as well as CEQA evaluations once another piece of property is designated and then the City would purchase the property. The issue is the grant the City is applying for. He mentioned that the funds are on a first come first serve basis, so if we decide to move the location, that would take time and we may not be able to receive any grant funding for this project.

Councilmember Mintz mentioned that Phase I in the downtown area will be hooked up to this Project.

Veno Nathraj, Twentynine Palms, asked what the chances are of taking this sewer treatment plant West up to Panorama? City Manager Luckino replied that it would take policy direction.

Joseph Carder, Twentynine Palms, agreed that going further West would be great. He also commented on the smell that is going to linger into homes and neighborhoods.

Pamela Holmes, Twentynine Palms, commented that there are other areas this plant could be placed.

Terrence Lattimer, Twentynine Palms, asked if there was a secondary recommendation because of the grant application process. City Manager Luckino replied that the property has to be shovel ready at the time of the awarding of the grant.

Karen Harper, Twentynine Palms, commented that she is really excited about this. She thinks this is a great idea.

Matt Shragge, General Manager Twentynine Palms Water District, commented on the location of aquafers. He mentioned that he personally would like to see it go more East of Utah Trail, but that area is a flood zone.

ACTION: A motion was made by Councilmember Mintz, seconded by Councilmember Klink to adopt the Mitigated Negative Declaration for the Wastewater Reclamation Project Phase 1.

The above motion was carried by the following:

ROLL CALL VOTE:

AYES: BILDERAIN, KLINK, MINTZ, WRIGHT
NOES: NONE
ABSTAIN: SCOTT
ABSENT: NONE

FUTURE COUNCIL INITIATED ITEMS

1. Seasonal Banners throughout the City.

2. Maintained vs. Non-Maintained Roads.

3. Voting for Mayor as opposed to the current selection process.

4. Discussion on working with non-profit organizations to establish a "Heating Shelter" during the Winter months.

No other items were added to the list.

City Council - Regular Meeting
April 25, 2023

PUBLIC COMMENTS
Ronnie Tiner, Twentynine Palms, mentioned that she has issues with Project Phoenix and the excessive noise, speeding cars. Is there anything that can be done about this because it is destroying her life.

Jenny Mulopulous, sent an email to be read into the record as a public comment.

CITY MANAGER UPDATE
City Manager Luckino provided the following updates: The Planning Commission would augment the Homeless and Housing Committee, Staff continues to work on electronic transactions to be more effective to apply for building permits, sign-up for sports activities and paying TOT taxes, the outreach will now begin and the plan is to have the Wastewater committee meet next week, the package treatment plant was out to bid and there was a successful bidder, and the environmental component was the last item left to submit the application to the State.

ADJOURNMENT - Mayor Wright adjourned the meeting at 7:51 p.m.

Respectfully submitted,
Cindy Villescas, CMC
City Clerk/Public Information Officer

STAFF REPORT
TO: City Council
FROM: City Manager
FOR MEETING: May 09 2023
SUBJECT: Fire Department Emergency Response Report - April 2023.

ATTACHMENTS:
• TNP Monthly Totals - April
2023

Incident Totals
1 1
4 8
5 1
9 210
7 6
22 2
276
Traffic Collision
Totals
Incident Type
Vehicle Fire
Medical
Public Service
Structure Fire
Outside Elec Incident
Vegetation Fire
Unknown Fire
Unknown
Refuse Fire
San Bernardino County Fire Area Incident Report
Criteria: 4/1/2023 to 4/30/2023
Division(s): South Desert
Battalion(s): 6, 7
City(ies): Twentynine Palms
Investigation/Alarm
Dumpster Fire
Printed on 5/2/2023 7:31 AM Page 1 of 1 Page 16 of 322

STAFF REPORT
TO: City Council
FROM: City Manager
FOR MEETING: May 09 2023
SUBJECT: Legislative Report - April 2023.

STAFF REPORT
TO: City Council
FROM: Finance Director
FOR MEETING: May 09 2023
SUBJECT: Appropriation Limit FY 2023-24.

RECOMMENDATION:

The City Council establish an appropriation limit for Fiscal Year 2023-2024 by the adoption of the next Resolution in order.

ORDER OF PROCEDURE:

Request Staff Report (Finance Director Presenting)
Council Questions of Staff
Request Public Comment
Council Discussion
Motion/Second
Discussion of Motion
Call the Question
ATTACHMENTS:
• Resolution No. 23-
• Exhibit A
BACKGROUND:

Proposition 4, co-sponsored by Proposition 13 author Paul Gann and commonly known as the Gann initiative, was passed by California voters in 1979. It established Article XIIIB of the State Constitution and set limits on the growth of most appropriations from tax sources made by the State and affected local government entities. Most local governments and districts are subject to the limit. Starting in the 1980-81 Fiscal Year, Article XIIIB limited annual growth of applicable appropriation levels to calculated percentages, above the previous year's level, based upon regional population growth and the rate of inflation as measured by the lower of the percentage change in the Consumer Price Index, CPI, or California's per capita personal income.

Each year, the City is required to establish a limit on the amount of General Fund monies it may spend. The amount is determined by calculations based on the population and economic changes of the prior calendar year.

Based on the attached calculations, the appropriation limit for Fiscal Year 2023-2024 should be set at $71,202,035 which the City is below.

ENVIRONMENTAL:

N/A
ALTERNATIVES:

N/A
FISCAL IMPACT: Page 19 of 322
N/A

CITY OF TWENTYNINE PALMS

CITY COUNCIL
RESOLUTION NO. 23-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TWENTYNINE

PALMS, CALIFORNIA, ESTABLISHING ITS PROPOSITION
4 APPROPRIATION LIMIT FOR FISCAL YEAR 2023 - 2024
WHEREAS, each year the City is required to establish a Proposition 4 appropriation limit by resolution; and
WHEREAS, the appropriation limit for 2023 – 2024 has been determined by increasing the 2022 – 2023 appropriation limit by the population and per capita personal income changes as permissible under Article XIIIB, and as set out in Exhibit "A", attached and incorporated here; and
WHEREAS, the documentation set out on Exhibit "A" used to determine this increase has been available since May 2023, at City offices.

NOW, THEREFORE, the City Council resolves and orders that the Proposition 4 appropriation limit for fiscal year 2023 – 2024 shall be $71,202,035.00.

PASSED, APPROVED AND ADOPTED on the 9
th day of May 2023.

McArthur Wright, Mayor
ATTEST:

Cindy Villescas CMC, City Clerk
I, do hereby certify that the foregoing Resolution No. 23-___, was duly adopted by the City Council of the City of Twentynine Palms at a regular meeting thereof held on 9 th day of
May 2023, by the following vote:

AYES: COUNCILMEMBER:

NOES: COUNCILMEMBER:

ABSENT: COUNCILMEMBER:

ABSTAIN: COUNCILMEMBER:
_________________________________
Cindy Villescas CMC, City Clerk

CITY OF TWENTYNINE PALMS
CALCULATION OF PROPOSITION 4 APPROPRIATIONS LIMIT
January 2016 California Personal
Income increase (5.37%) 1.0537
1/1/2016 Population Decrease x 0.9985
Fiscal Year 2016/2017 Proposition 4 Limit $46,523,424
January 2017 California Personal
Income increase (3.69%) 1.0369
1/1/2017 Population Increase x 1.0501
Fiscal Year 2017/2018 Proposition 4 Limit $50,656,969
January 2018 California Personal
Income increase (3.67%) 1.0367
1/1/2018 Population Increase x 1.0313
Fiscal Year 2018/2019 Proposition 4 Limit $54,159,833
January 2019 California Personal
Income increase (3.85%) 1.0385
1/1/2019 Population Increase x 1.0185
Fiscal Year 2019/2020 Proposition 4 Limit $57,285,519
January 2020 California Personal
Income increase (3.73%) 1.0373
1/1/2020 Population Increase x 1.0255
Fiscal Year 2020/2021 Proposition 4 Limit $60,937,537
January 2021 California Personal
Income increase (5.73%) 1.0573
1/1/2021 Population Increase x 1.0009
Fiscal Year 2021/2022 Proposition 4 Limit $64,487,244
January 2022 California Personal
Income increase (7.55%) 1.0755
1/1/2022 Population Increase x 0.9923
Fiscal Year 2022/2023 Proposition 4 Limit $68,821,989
January 2023 California Personal
Income increase (4.44%) 1.0444
1/1/2023 Population Increase x 0.9906
Fiscal Year 2023/2024 Proposition 4 Limit $71,202,035

EXHIBIT A

May 2023
Dear Fiscal Officer:

Subject: Price Factor and Population Information
Appropriations Limit
California Revenue and Taxation Code section 2227 requires the Department of Finance (Finance) to transmit an estimate of the percentage change in population to local governments. Each local jurisdiction must use their percentage change in population factor for January 1, 2023, in conjunction with a change in the cost of living, or price factor, to calculate their appropriations limit for fiscal year 2023-24. Attachment A provides the change in California’s per capita personal income and an example for utilizing the price factor and population percentage change factor to calculate the 2023-24 appropriations limit. Attachment B provides the city and unincorporated county population percentage change. Attachment C provides the population percentage change for counties and their summed incorporated areas. The population percentage change data excludes federal and state institutionalized populations and military populations.

Population Percent Change for Special Districts
Some special districts must establish an annual appropriations limit. California Revenue and Taxation Code section 2228 provides additional information regarding the appropriations limit.

Article XIII B, section 9(C) of the California Constitution exempts certain special districts from the appropriations limit calculation mandate. The code section and the California Constitution can be accessed at the following website: http://leginfo.legislature.ca.gov/faces/codes.xhtml.

Special districts required by law to calculate their appropriations limit must present the calculation as part of their annual audit. Any questions special districts have on this requirement should be directed to their county, district legal counsel, or the law itself. No state agency reviews the local appropriations limits.

Population Certification
The population certification program applies only to cities and counties. California Revenue and Taxation Code section 11005.6 mandates Finance to automatically certify any population estimate that exceeds the current certified population with the State Controller’s Office. Finance will certify the higher estimate to the State Controller by June 1, 2023.

Please Note: The prior year’s city population estimates may be revised. The per capita personal income change is based on historical data.

If you have any questions regarding this data, please contact the Demographic Research Unit at (916) 323-4086.

JOE SPEPHENSHAW
Director
By:

Erika Li
Chief Deputy Director
Attachment

May 2023
Attachment A
A. Price Factor: Article XIII B specifies that local jurisdictions select their cost of living factor to compute their appropriation limit by a vote of their governing body. The cost of living factor provided here is per capita personal income. If the percentage change in per capita personal income is selected, the percentage change to be used in setting the fiscal year 2023-24 appropriation limit is:

Per Capita Personal Income
Fiscal Year Percentage change
(FY) over prior year
2023-24 4.44
B. Following is an example using sample population change and the change in California per capita personal income as growth factors in computing a 2023-24 appropriation limit.
2023-24:

Per Capita Cost of Living Change = 4.44 percent
Population Change = -0.35 percent
Per Capita Cost of Living converted to a ratio: 4.44 + 100 = 1.0444 100
Population converted to a ratio: -0.35 + 100 = 0.9965
100
Calculation of factor for FY 2023-24: 1.0444 x 0.9965 = 1.0407

Fiscal Year 2023-24
Attachment B
Annual Percent Change in Population Minus Exclusions*
January 1, 2022 to January 1, 2023 and Total Population, January 1, 2023 Total
County Percent Change --- Population Minus Exclusions --- Population City 2022-2023 1-1-22 1-1-23 1-1-2023
San Bernardino
Adelanto 0.65 36,420 36,656 36,656
Apple Valley -0.37 75,277 74,996 74,996
Barstow -1.96 24,768 24,283 24,918
Big Bear Lake -0.43 4,935 4,914 4,914
Chino 0.69 88,564 89,171 93,137
Chino Hills -0.70 77,601 77,058 77,058
Colton -0.67 53,513 53,154 53,154
Fontana 0.58 212,616 213,851 213,851
Grand Terrace -0.73 12,908 12,814 12,814
Hesperia 0.19 99,855 100,041 100,041
Highland -0.53 56,283 55,984 55,984
Loma Linda -0.03 25,198 25,191 25,228
Montclair -0.51 37,688 37,494 37,494
Needles -0.77 4,793 4,756 4,756
Ontario 1.14 178,682 180,717 180,717
Rancho Cucamonga -0.31 174,090 173,545 173,545
Redlands -0.40 72,259 71,972 71,972
Rialto -0.41 103,406 102,985 102,985
San Bernardino 1.25 219,218 221,949 223,230
Twentynine Palms -0.94 15,687 15,539 25,929
Upland -0.50 78,771 78,376 78,376
Victorville 0.90 132,189 133,384 137,193
Yucaipa -0.46 54,242 53,991 53,991
Yucca Valley -0.35 21,712 21,635 21,635
Unincorporated -0.45 290,306 289,011 297,482
County Total 0.12 2,150,981 2,153,467 2,182,056
*Exclusions include residents on federal military installations and group quarters residents in state mental institutions, state and federal correctional institutions and veteran homes.

Land Transfer And Reimbursement Of Costs Agreement
This Agreement concerning the transfer of real property (the “Agreement”) is made effective as of , 2023 (the “Effective Date”), by and betweenthe CITY OF TWENTYNINE PALMS, a California municipal corporation ("City") and the MORONGO Basin Transit AUTHORITY, a joint powers authority (“Basin Transit”). City and Basin Transit are collectively referred to in this Agreement as the "Parties" and individually as a "Party."

RECITALS
A. Basin Transit is the transit authority that serves the Morongo Basin in San Bernardino County pursuant to a joint power authority agreement between City, the City of Yucca Valley, and San Bernardino County.

B. Basin Transit desires to build a transit center in the City (the “Transit Center”), upon property the Parties identified and believe will be suitable for such purpose (the “Transit Center Properties”). The Transit Center Properties are more particularly described as follows: Lots 71, 72, 73, 74, 80, 8] and 82, of Tract 2520, New Townsite Addition,in the City of Twentynine Palms, County of San Bernardino, State of California,as per Map recorded in Book 36, Page 17 of Maps, in the Office of the County Recorder of said County, having the following Accessor Parcel Numbers: 0617-104-06, 0617-104-07, 0617-104-08, 0617-104-09, 0617—104~l5,0617-104-16, and 0617-104-17.

C. Basin Transit does not intend to move forward with the proposed Transit Center project for several years.

D. City, which will be a beneficiary of the Transit Center, desires to enhance the possibility the Transit Center projectwill become a reality, and desires to take such actions as may be reasonable to assist Basin Transit’s efforts in connection with building the Transit Center at such future date as, and if, Basin Transit deems appropriate.

E. To facilitate Basin Transit’s efforts related to the Transit Center, the City speci?cally agreed to attempt to acquire the Transit Center Properties by such lawful means as are available to it (including negotiated purchase, eminent domain, or otherwise) F. The Parties further agreed, that if acquisition of the Transit Center Properties by City occurred,then: (1) City would transfer the Transit Center Propertiesto Basin Transit; and (2) upon such transfer Basin Transit would reimburse City for its reasonable acquisition and transactional costs incurred to secure title to the Transit Center Properties(the “Reimbursement Funds.”).

G. In connection with the foregoing, City initiated condemnation proceedings by ?ling a complaint in eminent domain known as San Bernardino County SuperiorCourt Case number CIV SB 2201135 (the “Action”), which ultimately resulted in a final order of condemnation by which title to the following properties was vested in City upon its payment of $80,000, inclusive of Twentynine Palms, County of San Bernardino, State of California, as per Map recorded in Book 36, Page 17 of Maps, in the Office of the County Recorder of said County. APN: 0617-104-06, 0617-104-07, 0617-104-08, 0617-104-09, 0617-104- 17. {00497633} 1 Page 27 of 322 H. In connection with the forgoing, City also purchased the following properties after negotiation with the property owners, for a total combined purchase price paid to the sellers in the amount of $75,000:

1. Lot 81 of Tract No. 2520 New Townsite Addition, in the City of Twentynine Palms,County of San Bernardino,State of California, as per Map Recorded in Book 36, Page(s) 17 of Maps, in the Of?ce of the County Recorder of said County. APN: 0617-104-16.

2. Lot 80 of Tract No. 2520 New Townsite Addition,in the City of Twentynine Palms,County of San Bernardino, State of California, as shown by Map on File in Book 36, Page 17 of Maps, in the Office of the County Recorder of said County. APN: 0617-104-15.

I. The parties agree that the total amount of the Reimbursement Funds is Reimbursement Amount shall be $254,000. As of the Effective Date Basin Transit has made payments to the City in the amount of $244,428 which will be credited against the Reimbursement Funds.

J. The Parties now wish to transfer the Transit Center Properties to Basin Transit in consideration for reimbursement of the City’s acquisition costs as set forth above.

NOW, THEREFORE, in consideration of the mutual covenants, conditions, and agreements set forth in this Agreement, the receipt and adequacy of which are hereby acknowledged, the Parties agree as follows:

AGREEMENT

1. Recitals Incorporated. The above Recitals are incorporatedherein and made a part hereof as if fully restated

2. Reimbursement of Acguisition Expenses. Within 60 days of the Effective Date of this Agreement Basin Transit will make payment in an amount equal to the Reimbursement Funds, less Two Hundred Forty-Four Thousand and Four Hundred-Twenty Eight Dollars ($244,428.00) which has already been paid by Basin Transit towards the Reimbursement Funds.

3. Transfer of Title to the Transit Center Properties. Upon execution of this Agreement, City shall convey, transfer, assign and deliver to Basin Transit, all rights, title and interest of City in and to the Transit Center Propertiestogether with, and without any reservation:
1) all appurtenant easements, if any, and any other rights and interests appurtenant thereto; 2) all buildings, structures and other improvements located on or affixed the land and all ?xtures on the entity the right to use or occupy any portion of the Transit Center Properties. To facilitate this term, City shall execute deeds, in the forms attached collectively as Exhibit “A” (the “Deeds”), transferring title to the Transit Center Properties to Basin Transit. City shall cooperate in all reasonable requests by Basin Transit to perfect the transfer of title. {00497633} 2

4. Ci_t_y’sRepresentations and Warranties. City, hereby, warrants that it has perfected its fee simple title to each of the Transit Center Properties and has complied with all requisite legal requirements and proceduresto effectuate the transfer of title to Basin Transit. City warrants that there are no mechanics or other liens ?led against the Transit Center Properties.

These warranties are material terms to this Agreement.

5. Title Policy. Basin Transit’s obligation to pay the Reimbursement Funds is subject to Basin Transit’s ability to secure an owner’s title insurance policy in the form of a CLTA Standard Cover Policy of Title Insurance or its equivalent. Basin Transit will exercise best efforts to obtain, and satisfy the conditions for, the issuance of such a policy. City agrees to cooperate in good faith with any reasonable requests to facilitate such requirements.

6. Risk of Loss. The City shall be responsible for insuring, or self-insuring, the Transit Center Properties against fire and casualty damage pending the transfer of title pursuant to Section 2 of this Agreement. If after the execution of this Agreement, but prior to City’s transfer of title, any portion of the Transit Center Properties shall be damaged or destroyed by ?re or any other casualty (“Casualty”), City shall give written notice of such Casualty to Basin Transit as promptly as practicable after the occurrence of such Casualty. If the amount of the repair restoration of the Transit Center Properties required by a Casualty equals or exceeds ten percent (10%) of the Reimbursement Funds (a “Material Casualg”) and such Material Casualty was not caused by Basin Transit or Basin Tran.sit’s Inspectors, or their respective employees or agents, then Basin Transit shall have the right to elect, by providing written notice to City within ten (10) days after MTBA’s receipt of City’s written notice of such Material Casualty, to (a) terminate this Agreement, in which case any tendered Reimbursement Funds shall be re?inded to MTBA, or (b) proceed with the land conveyance, without terminating this Agreement. If Basin Transit elects to proceed with the transfer of the Transit Center Properties,City shall provide Basin Transit with a credit against the Reimbursement Funds in an amount equal to the reasonable estimated costs for the repair or restoration of the Property required by such Material Casualty less any insurance or self—insuredproceeds, if any, contributed by the City to the repairs and/or restoration.

7. Enforcement. In any action between the City and Basin Transit seeking the enforcement or interpretation of any of the terms or provisions of this Agreement, the prevailing party in such action shall be awarded, in addition to allowable damages, injunctive or other relief, its reasonable costs and expenses, including, without limitation, reasonable attorneys’ fees and expert witness fees.
{O0497633} 3 Page 29 of 322

8. Notice. Any notice, request, approval or communication delivered by one Party to the other shall be in writing and delivered by one of the following methods: (a) personal delivery; or (b) reputable overnight commercial carrier or delivery service that provides a receipt with the time and date of delivery, addressed as follows:

To City: City of Twentynine Palms
6136 Abode Road
Twentynine Palms, CA 92277
Attention: City Manager
To Basin Transit: Basin Transit
62405 Verbena Road
Joshua Tree, CA 92252
Attention: General Manager
Any notice addressed to the authorized party set forth above in this Section will be deemed received and effective on the earlier of: (i) the date of delivery if personally delivered; or (ii) one (1) day following the receipt of such notice by the overnight carrier or delivery service from the sender, as shown on the sender’s delivery invoice from such carrier or service, if delivered by commercial carrier or delivery service.

9. Authority. The City Manager or his or her designee is authorized to act on behalf of the City with regard to any approval, consent, or other actions required by City in connection with this Agreement, including, but not limited to, the approval and execution of amendments to this Agreement.

10. Amendments. Any amendments or modifications of this Agreement must be in writing and signed by the duly authorized representatives of the Parties. 1l. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. [signatures appear on next page]
{00497633} 4

The Parties have executed this Agreement as of the Effective Date. “City”
.
“Basin Transit”:
{0O497633}
CITY OF Twentynine Palms,
a California municipal corporation
By:

Name:

Title:

Morongo Basin Transit Authority,
a joint powers authority
By:

Name: /74¢?f?!~r AII7;
Title: Baafcl CA4/'/'I1_g_AJ

EXHIBIT A
[DEEDS]
{00497633} Exhibit A

RECORDING REQUESTEDBY
AND WHEN RECORDED MAIL TO:

Morongo Basin Transit Authority
62405 Verbena Road
Joshua Tree, CA 92252
Attn.: General Manager
MAIL TAX STATEMENTS TO:

Same as above.

Space above this line for Recorder's use

GRANT DEED
APNS: 0617-104-06, 0617—l04—07, 0617-104-08, 0617-104-09, 0617-104-15, 0617-I04-I6, and 0617-104-17 DOCUMENTARY TRANSFER TAX IS $
Computed on the consideration or value of property
conveyed, OR
Computed on the consideration or value less liens or encumbrances remaining at time of sale.

For valuable consideration, receipt of which is hereby acknowledged, the CITY OF TWENTYNINE PALMS, a California municipal corporation hereby GRANTS to the MORONGO BASIN TRANSIT AUTHORITY, ajoint power authority, all of its interest in that real property situated in San Bernardino County, State of California, described as follows (the “Property”), together with (a) all improvementsowned by Grantor and located on the Property and all ?xtures owned by Grantor contained in any such improvements, and (b) any and all easements, rights-of-way, privileges, rights and appurtenances bene?ting, appertaining or belonging to the Property:

SEE EXHIBIT A ATTACHED HERETO.

Dated: _, 2023 CITY OF TWENTYNINE PALMS, a
California municipal corporation
City Clerk Its: 18735382 2758/014122-0049

ACKNOWLEDGMENT
A Notary Public or other officer 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.

State of California )
County of San Bernardino )
On , before me, ,
(insert name of notary)
Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by hissignatures on the instrumentthe person, or the entity upon behalf ofwhich the person acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature (Seal)
2758/014122-0049 18735382 "2’

EXHIBIT A

LEGAL DESCRIPTION OF PROPERTY
PARCEL 1:

Lots 71, 72, 73, 74, 80, 81 and 82, of Tract 2520, New Townsite Addition, in the City of Twentynine Palms, County of San Bernardino, State of California, as per Map recorded in Book 36, Page 17 of Maps, in the Office of the County Recorder of said County APNS: 0617-104-06, 0617-104-07, 0617-104-08, 0617~104-09, 0617-104-17 PARCEL 2:

Lot 81 of Tract No. 2520 New Townsite Addition, in the City of Twentynine Palms, County of San Bernardino, State of California, as per Map Recorded in Book 36, Page(s) 17 of Maps, in the Office of the County Recorder of said County.

APN: 0617-104-16
PARCEL 3:

Lot 80 of Tract No. 2520 New Townsite Addition, in the City of Twentynine Palms, County of San Bernardino, State of California, as shown by Map on File in Book 36, Page 17 of Maps, in the Office of the County Recorder of said County.

APN: 0617-104-15
2758/014122-0049 18735382
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STAFF REPORT
TO: City Council
FROM: Public Works Superintendent
FOR MEETING: May 09 2023
SUBJECT: Material Acquisition for the Road Overlay from Blue Diamond with the SB 1 funds.

RECOMMENDATION:

The City Council approve the purchase of materials for road overlay from Blue Diamond with SB1 funds to repair/maintain the attached list of streets in the amount not to exceed $665,000.

ORDER OF PROCEDURE:

Request Staff Report (Public Works Superintendent
Presenting)
Coucil Questions of Staff
Request Public Comment
Council Discussion
Motion/Second
Discussion of Motion
Call the Question
ATTACHMENTS:
• RESO NO. 22-13
BACKGROUND:

On April 28, 2017, Governor Brown signed Senate Bill (SB) 1 (Beal, Chapter 5, Statutes of 2017), which is known as the Road Repair and Accountability Act of 2017. To address basic road maintenance, rehabilitation and critical safety needs on both the state highway and local streets and road system, SB1 increases per gallon fuel excise taxes and vehicle registration fees, and provides for inflationary adjustments to tax rates in future years.

Beginning November 1, 2017 , the State Controller (Controller) will deposit various portions of this new funding into the newly created Road Maintenance and Rehabilitation Account (RMRA). A percentage of this new RMRA funding will be apportioned by formula to eligible cities and counties pursuant to Streets and Highways Code (SHC) Section 2023 (h) for basic road maintenance, rehabilitation, and critical safety projects on the local streets and roads system.

All cities and counties receiving an appointment of RMRA funds are required to sustain a maintenance of effort (MOE) by spending at least the annual average of its general fund expenditures during the 2009-10, 2010-11, and 2011-12 fiscal years for streets, roads, and highway purposes from the city or county's general fund [SHC 2036].

The City spent an average of $68,967 from general funds for street maintenance functions.

On June 14, 2022, City Council adopted Resolution No. 22-13 adopting a list of projects for FY 2022-23 funded by SB1 (see attached). The projects generally consist of providing the necessary labor, equipment, and materials to overlay the street segments listed below:

Street Tons Cost Page 39 of 322
Ocotillo 217 $27,222
Cactus 301 $37,755
Gorgonio 924 $115,851
Hatch 1,368 $170,291
Utah Trail 2,475 $313,864
TOTAL 5,285 $664,983
The overlay will be funded in part with the current year apportionment, which is estimated at $600,439. The remaining balance of $64,544 will be funded with prior years SB1 funding. Blue Diamond is the only company that can deliver cold mix to the City for these projects within Staff's specified timeframe. These funds have ALREADY been expended, and this action is validation of the material purchase.

ENVIRONMENTAL:

Not applicable
ALTERNATIVES:

The City Council could choose to make other recommendations.

FISCAL IMPACT:

The entire purchase of $664,983 will be funded through SB1.

CITY OF TWENTYNINE PALilIS

CITY COUNCIL
RESOLUTTON NO. 22-13

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TWENTYNINE PALiIS, CALIFORNIA, ADOPTING A LIST OF
PROJECTS FOR FISCAL YEAR 2022.23 FUNDED BY SB 1:

THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 ( Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi- modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includos accountability and transparency provisions that will ensure the residents of the City of Twentynine Palms are aware of the projects proposed for funding in the community and which projects have been completed each fiscal year; and WHEREAS, the City of Twentynine Palms must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project' s completion, and the estimated useful life of the improvement; and
WHEREAS, the City of Twentynine Palms, will receive an estimated $ 663,593.00 in RMRA funding in Fiscal Yeat 2022- 2023 from SB 1; and
WHEREAS, this is the sixth year in which the City of Twentynine Palms is receiving SB 1 funding and will enable the City of Twentynine Palms to continue essential road maintenance and rehabilitation project3, saiety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have othenrise been possible without SB 1 ; and
WHEREAS, the City of Twentynine Palms has undergone a robust public process to ensure public input into our community' s transportation priorities/projecl list; and WHEREAS, the City of Twentynine Palms used a Pavement Management System to develop the SB 1 project list to ensure rovenues are being used on the most high-priority and cost-effec;tive projecls that also meet the community' s priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City of Twentynine Palms maintain and rehabilitate residential, collector, and arterial roads throughout the City of Twentynine Palms this year with similar projects into the future; and
WHEREAS, the 2020 Califomia Statewide Local Streets and Roads Needs Assessment found that the City of Twentynine Palms' s streets and roads are in "good" condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into a 'good" condition; and

1 2
WHEREAS, the SB 1 projecl list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastruclure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.

NOW THEREFORE BE IT RESOLVEO BY THE CITY COUNCIL OF THE CITY OF TWENWNINE PALIIS AS FOLLOWS:

The foregoing recitals are true and conect
The following list of newly proposed projects will be funded in-part or solely with Fiscal Year 2022- 23 Road Maintenance and Rehabilitation Account revenues:

ProJect l: 2022- 2023 Street Resurfacing
The Project generally consists of providing the necessary labor, equipment, and materials to overlay 600,433 SF of asphalt pavement street segments. The project will commence in July 2022 and be completed no later than June 2023. The useful life of the project area is estimated to be 7-10 years.

Street From To soF
Utah Trail
Cactus Dr.

Ocotillo Ave.

Hatch Rd.

GorBonio Dr.

Amboy Rd.

Adobe Rd.

Hwy. 52
Morongo Rd
Adobe Rd.

Valle vista Rd.

National Park Dr.

Joshua Dr.

Stardune Ave.

Desert Knoll Ave.
279,400
32, 810
19,430
163408
105, 385
Total Cost 5653,543
Total sF 600,433
e O'Gilvie, Mayor
iiF, i{i(
L'"/s.

C y vill CMC, City Clerk
l, do hereby certify that the following Resolution No. 22-13 was duly adopted by the City Council of the City of Twentynine Palms at a regular meeting thereof held on 14 day of June,2022, by lhe following vote:

AYES: COUNCILMEMBERS: BILDERAIN, KLINK, MINTZ, WRIGHT, O'G|LV|E NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
Cindy scas CMC, City Clerk
PASSED, APPROVED AND ADOPTED this t4 day ol June,2022.
i:"ri

STAFF REPORT
TO: City Council
FROM: Public Works Superintendent
FOR MEETING: May 09 2023
SUBJECT: Material acquisition for the Road Overlay from Blue Diamond with Article 8 funds.

RECOMMENDATION:

The City Council approve the purchase of materials for road overlay from Blue Diamond with Article 8 funds to repair/maintain three streets (Cottonwood Drive, Quail Spring Avenue, and Buena Vista Drive) within the City of Twentynine Palms in the amount not to exceed $156,000.

ORDER OF PROCEDURE:

Request Staff Report (Public Works Superintendent
Presenting)
Council Questions of Staff
Request Public Comment
Council Discussion
Motion/Second
Discussion of Motion
Call the Question
BACKGROUND:

Public Works Road Staff is seeking approval from the City Council to utilize remaining Article 8 funding from Fiscal Year 2022-23 to overlay two sections of roadway in the City of Twentynine Palms, which consist of three residential streets in the City of Twentynine Palms. These sections of roadway have warranted an increase in repair procedures over the preceding year due to accelerated deterioration of the road surface. Staff has received many complaints in reference to these three sections which has led Staff to prioritize these projects to complete this fiscal year. These three sections also meet the criteria to be resurfaced due to their rating on the PMS which is referred to as PCI. These projects will help insure safe travel in several residential areas of the city.

The Project generally consists of providing the necessary labor, equipment, and materials to overlay the three street segments. The streets to be overlayed are as follows:

Street Tons Cost
Cottonwood Drive 248 $31,103
Quail Spring Avenue 400 $50,218
Buena Vista Drive 593 $74,335
TOTAL 1,241 $155,656
The City has an estimated remaining balance of $170,000 from prior year's funding to be used towards the FY 2023-2024 projects referenced above. Blue Diamond is the only company that can deliver cold mix to the City for

these projects within Staff's specified timeframe. These funds have ALREADY been expended, and this action is validation of the material purchase.

ENVIRONMENTAL:

Categorically exempt.

ALTERNATIVES:

The City Council could choose to deny the purchase of the overlay material.

FISCAL IMPACT:

The entire purchase will be funded through Article 8.

STAFF REPORT
TO: City Council
FROM: Public Works Superintendent
FOR MEETING: May 09 2023
SUBJECT: Purchase of Toro Groundsmaster 3200 24hp 2wd Lawnmower.

RECOMMENDATION:

The City Council approve the purchase of the 2023 Toro Groundsmaster 3200 24hp 2wd lawnmower in the amount of $25,407.27.

ORDER OF PROCEDURE:

Request Staff Report (Public Works Superintendent
Presenting)
Council Questions of Staff
Request Public Comment
Council Discussion
Motion/Second
Discussion of Motion
Call the Question (roll call vote)
ATTACHMENTS:
• TurfStarQuoteMower2023
BACKGROUND:

The 2023 Toro Groundsmaster 3200 24hp 2wd lawnmower will be a replacement for the 2010 Toro Groundsmaster. Parks staff pays very close attention to the maintenance of their equipment which has kept the 2010 Toro in constant service. Thirteen years of service have led park staff to determine that replacement of this mower is a priority this budget year. The importance of being service ready at all times has led us to the decision to replace this piece of equipment.

The Toro brand and excellent service and support we have received from Turf Star Western has given park staff the ability to keep our parks in the beautiful condition that we take such pride in. The fact that we have stayed with Toro throughout the years has helped to keep the mowers in service continuously.

The interchangeability of parts and Turf Stars prompt service have given us this reliability of service. We are using a sourcewell agreement contract #031121-TTC for this purchase (see attached Quote from Turf Star). The attached quote does not include shipping and handling costs, but the final purchase price is expected to be $25,407.27.

ENVIRONMENTAL:

N/A
ALTERNATIVES: Page 45 of 322
The City Council could choose not to approve the purchase of this unit.

FISCAL IMPACT:

This unit would be funded through General Capital Equipment Replacement Fund within the FY 2022-23 budget, which was approved by the Council on February 8, 2022.

Date: February 25, 2022
Quotation for City of Twentynine Palms
Quote No:3312400-00
1 | P a g e
Prepared For: Frank Romo Quote No: 3312400-00
City of Twentynine Palms iQuote No: 96734
6136 Adobe Road
Twentynine Palms, CA 92277
Sales Person: John Perez
[email protected]
(951) 529-9757
Sourcewell Pricing
Contract Numbers- #062117-TTC and #031121-TTC
Summary
Configuration Name Qty Unit Price Sub Total Sales Tax Total 010-Groundsmaster 3200 24HP 2WD 1 $22,961.65 $22,961.65 $1,779.51 $24,741.16 Totals: $22,961.65 $1,779.51 $24,741.16

Date: February 25, 2022
Quotation for City of Twentynine Palms
Quote No:3312400-00
2 | P a g e
Configuration Product Details
010-Groundsmaster 3200 24HP 2WD
Model Product Description Qty Unit Price Extended Sales Tax Total 31900 Groundsmaster 3200 24HP 2WD 1 $17,297.28 $17,297.28 $1,340.54 $18,637.82 110-0624-
03 BLADE-ROTARY, ATOMIC .5) 3 $28.31 $84.93 $6.58 $91.51 114-4096 WEIGHT 1 $114.79 $114.79 $8.89 $123.68
31982 Seat Asm Air Ride Susp 1 $1,114.62 $1,114.62 $86.38 $1,201.00 31973 72in Rear Discharge Deck GM32/33xx 1 $4,006.86 $4,006.86 $310.53 $4,317.39 117-0095 SEAT COVER W/ARM REST - Z MASTERS 1 $42.89 $42.89 $3.32 $46.21 144-3587 SPEED REDUCTION KIT (GM3 200) 1 $300.28 $300.28 $23.27 $323.55 Totals: $24,741.16

Date: February 25, 2022
Quotation for City of Twentynine Palms
Quote No:3312400-00
3 | P a g e
Standard Terms and Conditions
Prices, including all finance options, are valid for 30 days from date of quotation. Open Account Terms are N30, subject to credit approval. Used and demo equipment is in high demand and availability is subject to change. Delivery is FOB Destination, unless otherwise stated Office Locations
Northern California: Southern California: Pacific Northwest:
3928 N.Blattela Lane 79-253 Country Club Drive 1750 Industrial Dr.NE Fresno, CA 93727 Bermuda Dunes, CA 92203 Salem, OR 97301 Fax: (559) 277-7123 Fax: (760) 345-4297 Ph: (503) 691-0250 2438 Radley Court 955 Beacon Street 5869 South 194th
Hayward, CA 94545 Brea, CA 92821 Kent, WA 98032
Fax: (510) 785-3576 Fax: (800) 775-8873 Fax: (253) 872-6942 11373 Sunrise Gold Circle 2110 La Mirada Ste 100 2824 East Garland Rancho Cordova, CA 95742 Vista, CA 92083 Spokane, WA 99207 Fax: (800) 241-1997 Fax: (760) 734-4285 Fax: (509) 483-7563 WARNING:

Cancer and Reproductive Harm-http://www.P65Warnings.ca.gov For more information, please visit http://www.ttcoCAProp65.com

CALIFORNIA SPARK ARRESTER WARNING
Operation of this equipment in the State of California may create sparks that can start fires around dry vegetation. A spark arrestor may be required.

The operator should contact local fire agencies for laws or regulations relating to fire prevention requirements.

A Revolution in Out-Front Rotaries.

Power & Durability
– Powerful 24.7 HP (18.4 kW) or 37.4 HP (27.9 kW)
Yanmar® EPA Tier 4/Stage V diesel engines
– Rugged 7-gauge high-strength steel rotary
decks Available 60" (152 cm) or 72" (183 cm)
width of cut. Side and rear discharge options.

Performance
– CrossTrax® all-wheel drive provides superior
traction
– 7.8” (19.8 cm) ground clearance for exceptional
maneuverability
Productivity
– Innovative tilt-up deck for easy cleaning and
maintenance
– Up to 15 mph (24 km/h) ground speed
– 1”-6” (25–152 mm) height of cut with a simple
pin adjustment
– Comfortable operator platform
– Easy to access maintenance points
Versatility
– Rotary and Fine Cut Flail mowing decks available
– Year-round versatility with a variety of multiseason attachments – Cab option helps keep operators comfortable
and productive all season long

FE A TURES
Groundsmaster® 3200/3300

OUT-FRONT ROTARY MOWERS
Toro has been creating world-class out front rotary mowers for over 45 years.

We are continuing this legacy with the new Groundsmaster 3200/3300.

The Groundsmaster 3200/3300 delivers unparalleled productivity. Featuring a powerful

37.4 HP (27.9 kW) or 24.7 HP (18.4 kW) engine, CrossTrax® all-wheel drive and legendary Groundsmaster decks, the Groundsmaster 3200/3300 makes quick work in even the toughest terrain while delivering an exceptional quality of cut. From the fully-adjustable suspension seat and steering column, the fingertip engine controls and optional all-season cab, this new mower is designed for all-day comfort. Routine maintenance is also easy with the Groundsmaster 3200/3300. The innovative Tilt-Up Deck design making blade maintenance and deck cleaning simple. Additionally, all engine maintenance points are easily accessible to help ensure your Groundsmaster runs smoothly and reliably for years.

Productivity, comfort, reliability. That’s the all-new Groundsmaster 3200/3300. ©2020 The Toro Company. All rights reserved. Rev. 3/20
*Specifications and design subject to change without notice. Products depicted in this literature are for demonstration purposes only. Actual products offered for sale may vary in use, design, required attachments and safety features. All trademarks are property of their respective owners.
toro.com/outfront
Call your Toro distributor at 800-803-8676

2 Rev. 1/20 The Groundsmaster 3200 & 3300 are manufactured in Tomah, WI ISO 9002 Certified Plant.

Groundsmaster® 3200/3300 Specifications*
*Specifications and design subject to change without notice. Products depicted in this literature are for demonstration purposes only. Actual products offered for sale may vary in use, design, required attachments and safety features. See distributor for details on all warranties.

GROUNDSMASTER
3200 2WD,
MODEL 31900

GROUNDSMASTER
3200 AWD,
MODEL 31901

GROUNDSMASTER
3300 AWD,
MODEL 31902

GROUNDSMASTER
3310 AWD CAB,
MODEL 31903
ENGINE
Yanmar®, 3 Cylinder, liquid cooled diesel, Power: 24.7 HP (18.4kW) @ 3000 rpm, Torque peak: 50.9 ft-lbs. (69 Nm) @ 2100 rpm. Displacement 1267cc. High Idle:
3230 rpm (no load). Remote mounted Donaldson air cleaner. Fuel filter water seperator. EPA Tier 4 / Stage V compliant
Yanmar, 3 Cylinder, liquid cooled diesel, Power: 37.4 HP (27.9kW) @ 3000 rpm, Torque peak: 80.4 ft-lbs. (109 Nm) @ 1950 rpm. Displacement 1642. High Idle:
3150 rpm (no load). Remote mounted Donaldson air cleaner. Fuel filter water seperator. EPA Tier 4 / Stage V compliant
RADIATOR Rear mount, cross flow, 8.5 fins per 1” (25 mm), 7 quart (6.6 liter) capacity Rear mount, cross flow, 8.5 fins per 1” (25 mm), 8 quart (7.6 liter) capacity FUEL CAPACITY 12 gallon (45 L)

TRACTION DRIVE
2WD Parallel hydraulic traction
system. Parallel hydraulic flow
between the front wheel motors
powered by hydrostatic pump
Patented CrossTrax® AWD. Series parallel hydraulic traction system w/full time, bi-directional 4-wheel drive.

Parallel hydraulic flow between front and rear wheels.

GROUND SPEED Up to 12.5 MPH ( 20 km/h) Up to 15 MPH ( 24 km/h) MAIN FRAME All welded tubular and formed steel
IMPLEMENT DRIVE Engine mounted 350 ft. lb. (475 Nm) rated electro-magnetic PTO clutch drives 2" (5 cm) telescoping shaft. Rotary deck connection allows for tip-up service position without disconnection of PTO.

IMPLEMENT LIFT Twin 2.5" (6.4 cm) bore, 1.25" (3.2 cm) rod hydraulic cylinders operate lift arms. Hydraulic counterbalance for optimum traction and stability.

TIRES Front: 23 x 10.5 - 12 4-ply,
Rear: 16 x 6.5 - 8, 4-ply
Front: 23 x 10.5 - 12 4-ply,
Rear: 18 x 9.5 - 8, 4-ply
Front: 24 x 12 - 12, 4-ply,
Rear: 18 x 9.5 - 8, 4-ply
BRAKES Dynamic braking through hydrostat and foot pedal. Parking Brake: Hand-actuated drum type on front left and right traction wheels SEAT Deluxe Bolstered Seat (model 31980), Mechanical Suspension Seat (Model 31981), Air Ride Suspension Seat (Model 31982) STEERING Hydraulic Power Steering. Tilt steering wheel released and locked by a foot actuated lever OPERATOR AREA Operator step, beverage holder, control arm, retractable seat belt, standard INSTRUMENTATION InfoCenter™: Onboard LCD display shows gauges, alerts/faults, service reminders, electrical system diagnostics. Indicates coolant temps, oil pressure, alternator voltage, engine hours, (37.4 HP models, engine RPM).

CONTROLS Foot-operated pedal for forward and reverse. Manually adjustable forward speed limiter. Control arm includes hand-operated throttle, PTO switch, deck/implement lift lower switch, ignition switch, (24.7 HP models, glow plug switch) ELECTRICAL 12V maintenance-free battery with 540 cold cranking amps at 0 degrees F (-18 degrees C). 80 minute reserve capacity at 80 degrees F (27 degrees C). 40-amp alternator on 24.7 HP models, 55-amp alternator on 37.4 HP models. Seat, PTO, lift/lower, traction and parking brake interlock switches. Easy access to fuse panel.

GROUND CLEARANCE 8.3" (21 cm) traction unit only
LENGTH 107" (271.7 cm)
WIDTH 52" (132 cm) 53.1" (134.8 cm)
HEIGHT 79" (200.6 cm) with ROPS up 89" (226 cm)
WHEELBASE 51.5" (130.8 cm)
WEIGHT 1,751 lbs. (794 kg) 1,886 lbs. (855 kg) 2,486 lbs. (1128 kg)

SAFETY CAB
Optional ROPS certified cab with heat only. Tempered curved windshield, tinted side and rear glass (50% tint); front wiper/ washer; interior mirror and exterior side mirrors; SMV sign; road light kit and work light kit sold separately. All glass windows meets ANSI Z-26.1999 and ECE R43
Factory installed, ROPS certified
cab with AC and heat. Tempered
curved windshield, tinted side and
rear glass (50% tint); front wiper/
washer; interior mirror and exterior
side mirrors; SMV sign; road light kit
and work light kit sold separately.

All glass windows meets ANSI
Z-26.1999 and ECE R43
WARRANTY Two-year limited warranty. Refer to operators manual for further information.

ACCESSORIES LED work light kit, LED road light kit, beacon, recycler kits, slope sensor kit, optional cab (heat only)

3 Groundsmaster® 3200/3300 Specifications continued*

CUTTING DECKS (SOLD SEPARATELY)

CUTTING DECK

CONFIGURATIONS
60" (152 CM) SIDE DISCHARGE
DECK, MODEL 31970
72" (183 CM) SIDE DISCHARGE
DECK, MODEL 31972
60" (152 CM) REAR DISCHARGE
DECK, MODEL 31971
72" (183 CM) REAR DISCHARGE
DECK, MODEL 31973

CONSTRUCTION
7-gauge (4.5 mm) high-strength steel, 5.5” (14 cm) deep; welded deck with grass discharged on the right side. A 5/16” (8 mm) thick rubber discharge chute covers the discharge opening to limit the throw distance of clippings.

Adjustable baffle.
7-gauge (4.5 mm) high-strength steel, 5.5” (14 cm) deep; welded deck with a rear rubber flap to direct clippings down through the rear of the machine SERVICE POSITION Cutting deck can tip up to the service position from the transport position to conduct routine maintenance quickly. Driveshaft stays connected during tip up.

HEIGHT OF CUT 1”-6” (25 - 152 mm) adjustable in 0.25” (6 mm) increments.

MOWING RATE** Up to 4.2 acres (1.7 hectares)
per hour
Up to 5 acres (2.1 hectares)
per hour
Up to 4.2 acres (1.7 hectares)
per hour
Up to 5 acres (2.1 hectares)
per hour
SPINDLE ASSEMBLY Ductile cast iron 9" (23 cm) diameter conical spindle housing; Dual greaseable tapered roller bearings; Spindle shaft is 1.25" (3.2 cm) diameter, solid cold finished steel, splined connection between spindle shaft and pulley; Welded blade retainer plus anti-scalp cups.

CUTTER DRIVE Solid mounted, splined PTO-driven gearbox transfers power to three separate spindles via one "B" section belt.

BLADES Three 0.25” (6 mm) thick, 2.5” (63 mm) wide, heat-treated steel blades.

BLADE TIP SPEED (3000 RPM) 17,500 16,000
DECK SUSPENSION Independent, 2" (5 cm) square tubing, lift/push arms each attached to separate castor arms.

BELT IDLER Spring-loaded (torsion) idler
DECK SKID Replaceable, bolt-on, non-marking UHMW skid on both sides for rear discharge decks and on left side only for side discharge decks. Interchangeable left to right.

ANTI SCALP Anti-scalp cup located on each blade spindle. Addtional anti-scalp gauge wheels.

DECK COVERS Quick-release type latches
LIFT ARMS Independent lift arms and hydraulic weight transfer provide deck flotation.

SHIPPING WEIGHT 450 lbs. (204 kg) 510 lbs. (231 kg) 460 lbs. (208 kg) 512 lbs. (232 kg) OPTIONAL ACCESSORIES Recycler kits, blade options (low sail, medium sail, high sail, atomic), blowout baffle, roller striper Recycler kits, blade options (low sail, medium sail, high sail, atomic)

OPTIONAL ATTACHMENTS
CAB Heat only cab that fits ROPS models.

UNIVERSAL SUNSHADE Universal sunshade, red or white
ROTARY BROOM 60" (152 cm) clearing width, from M-B®.

SNOWTHROWER 53" (134 cm) clearing width, from Erskine®.

SNOW BLADE 60" (152 cm) straight blade, from BOSS®.

Rev. 3/20
*Specifications and design subject to change without notice. Products depicted in this literature are for demonstration purposes only. Actual products offered for sale may vary in use, design, required attachments and safety features.

See distributor for details on all warranties.
**Assumes 7 mph (11.3 km/h) mow speed, no overlap and 100% efficiency.

The Groundsmaster 3200 & 3300 are manufactured
in Tomah, WI ISO 9002 Certified Plant.
60" (152 CM) F60 FLAIL CUTTING DECK,
MODEL 02835
FRAME CONSTRUCTION Welded, high strength steel frame

ROTOR CONSTRUCTION
4" (100 mm) diameter, dynamically balanced flail rotor.

Greaseable tapered roller bearings mounted in rigid mounted bearing housings. Rotor can be removed from frame without prior removal of bearings and bearing housings.

HEIGHT OF CUT 0.75"- 4" (20-100 mm)
MOWING RATE** Up to 4.2 acres (1.7 hectares) per hour
BLADES 32x TEMPEST™ paddle-style flail blades
BELT IDLER Mechanical adjustable Idler. Locked with M20 bolt.

DECK SKID Replaceable, bolt-on steel skid
CASTOR WHEELS 8 x 3.5-4 4-Ply , pneumatic, sealed ball bearings.

LIFT ARMS Independent lift arms and hydraulic weight transfer provide deck floatation. Supplied complete with the flail.

SHIPPING WEIGHT 564 lbs. (256 kg)

OPTIONAL ACCESSORIES
Fine Cut Baffle Kit, Mulching Bar, Back to Back Flail
Blades, Replacement Blade Kits, choice of 2x blades or
16x blades (2x per flail required)

STAFF REPORT
TO: City Council
FROM: City Engineer
FOR MEETING: May 09 2023
SUBJECT: Safe Route to School- Infrastructure Implementation Project ATPSB1L-5448(010).

RECOMMENDATION:

The City Council:

1. Adopt the design of the project represented by the Plans and Specifications for the SR 62 Sidewalks Improvement Project, Phase- From Encelia Avenue to Larrea Avenue.

2. Award the contract for the “Safe Routes to School- Infrastructure Implementation Project ATPSB1L5448(010)” to IE General Engineering, for the amount of $1,239,799 and authorize a 10% contingency in the amount of $123,979, for a total contract amount of $1,363,779.

3. Authorize the City Manager to execute all documents necessary to enter into the contract, including any necessary amendments thereto.

ORDER OF PROCEDURE:

Request Staff Report (City Manager Presenting)
Council Questions of Staff
Request Public Comment
Council Discussion
Motion/Second
Discussion of Motion
Call the Question
ATTACHMENTS:
• 2023.01.24 - TWP SRTS
Revised Plans
• ATP_ SRTS Specs (2)
• Contract
• IE GENERAL ENGINEERING,
INC Attachment A to Contract
BACKGROUND:

Last fall, the City advertised this project for construction, and bids were received on September 21, 2022. All bid prices from 5 contractors exceeded the construction funds allocated to the project, $1,263,000. Staff recommended, and the Council approved, that all bids be rejected, authorized staff to direct KOA Engineering to perform value engineering on the plans to reduce the cost of construction without changing the scope of the project, and once plans are updated with cost-saving revisions, authorized staff to re-advertize the project. Since then, the project's design was reviewed, changes have been made, and the project was re-advertised.

On April 6, 2023, the following bids were received:

Company Bid Amount
IE General Engineering $1,239,799
Universal Construction & Engineering $1,284,597
Onyx Paving Construction Company $1,397,000
Jacobsson Engineering Construction $1,441,528
IE General Engineering has completed 2 other projects for the City in the past few years, the SR 62 Sidewalk Improvement Project, and the Adobe Road Traffic Signal upgrade project at the northwest corner of Adobe Road and SR 62 (Starbucks). Both of these projects were constructed within their allocated budgets. Staff is satisfied that IE General Engineering is a responsible contractor and will be able to construct this project within budget.

The project will construct SRTS infrastructure improvements surrounding four Morongo Unified School District (MUSD) schools: Oasis Elementary, Twentynine Palms Elementary, Twentynine Palms Junior High, and Twentynine Palms High School, which were identified in the San Bernardino Countywide Safe Routes to School Plan and the Morongo Basin ATP. Presently, some SRTS infrastructure exists along the two focus corridors El Paseo Drive and Two Mile Road. The improvements seek to enhance existing conditions. Through existing conditions analysis conducted during the Countywide SRTS Plan the following deficiencies were identified: gaps in the sidewalk and multi-use path networks; noncompliant curb ramps; congested intersection crossings along high-demand routes to school; and long and wide rural desert roadways that create an environment for speeding where hundreds of students travel to school daily. The construction plans for the project are attached to this report for Council's review and adoption.

ENVIRONMENTAL:

Caltrans approved the environmental document for the project.

ALTERNATIVES:

The City Council could choose not to construct the project.

FISCAL IMPACT:

It is anticipated to construct the project within the existing federal funding budget of $1,263,000. Though it is possible the project cost could exceed the $1,263,000 federal funding once the project is completed and may need to be supplemented with local funds depending on final construction costs. Staff has contacted SBCTA and they have indicated that, if needed, they would be able to allocate TDA Article 3 funds if there were a shortfall.

INTERSTATE 15
395
INTERSTATE 15
INTERSTATE 215
INTERSTATE 40
INTERSTATE 10
62 62
247
247
138
58 18
18 18
95 60
N
127

CITY OF TWENTY-NINE PALMS
Ontario, California 91764
3190 C Shelby Street
Tel: (909) 890-9693 Fax: (909) 890-9694
100% SUBMITTAL
CITY OF TWENTYNINE PALMS GENERAL NOTES:

SHEET INDEX

SAFE ROUTE TO SCHOOL (SRTS)

INFRASTRUCTURE IMPLEMENTATION
FOR
TWENTYNINE PALMS HIGHWAY ATPL-5448(010)

COUNTY OF SAN BERNARDINO
NOTE TO CONTRACTOR:

CITY OF TWENTYNINE PALMS UTILITY

NOTIFICATION LIST
X X
LEGEND:

X X
G
W
OH
FO

ABBREVIATIONS

EL PASEO CROSS SECTION
STA. 100+53.08 TO STA. 104+93.35
NTS

CONSTRUCTION NOTES

EL PASEO CROSS SECTION
STA. 112+00.00 TO STA. 122+27.62
NTS

EL PASEO CROSS SECTION
STA. 122+27.62 TO STA. 131+79.77
NTS

EL PASEO CROSS SECTION
STA. 104+93.35 TO STA. 112+00.00
NTS

CITY OF TWENTY-NINE PALMS
Ontario, California 91764
3190 C Shelby Street
Tel: (909) 890-9693 Fax: (909) 890-9694
100% SUBMITTAL
DETAIL "A"

DEPRESSED DRIVEWAY
NTS
TOTAL
QTY.

12''W 12''W
8''W 8''W 8''W 8''W 8''W 8''W 8''W 8''W 8''W 8''W 8''W 8''W 8''W 8''W 8''W 8''W 8''W 8''W 8''W 8''W 8''W 6''W 8''W 6''G 6''G
6''G 6''G 6''G 6''G 6''G 3''G 3''G 3''G 3''G 3''G 2''G 2''G 2''G 2''G 2''G 2''G 2''G 2''G 2''G 2''G 2''G 2''G 2''G 2''G

CONSTRUCTION NOTES
LEGEND:

CITY OF TWENTY-NINE PALMS
Ontario, California 91764
3190 C Shelby Street
Tel: (909) 890-9693 Fax: (909) 890-9694
100% SUBMITTAL

EL PASEO RD

MESQUITE

SPRINGS RD
MATCHLINE STA. 112+00
SEE SHEET 4
MATCHLINE STA. 112+00
SEE SHEET 4

MESQUITE

SPRINGS RD
0 SCALE: 1" = 40'
40 20 80

8''W 8''W 8''W 8''W 8''W 8''W 8''W 8''W 8''W 8''W 8''W 8''W 8''W 8''W 8''W 8''W 8''W 8''W 8''W 8''W 8''W 8''W 8''W
8''W
2''G 2''G 2''G 2''G
3''G 3''G 3''G 3''G 3''G 3''G 3''G 3''G 3''G 3''G 3''G 3''G 3''G 3''G 3''G 3''G 3''G 3''G
3''G
2''G 2''G 2''G
LEGEND:

CONSTRUCTION NOTES

CITY OF TWENTY-NINE PALMS
Ontario, California 91764
3190 C Shelby Street
Tel: (909) 890-9693 Fax: (909) 890-9694
100% SUBMITTAL
0 SCALE: 1" = 40'
40 20 80

EL PASEO RD
MATCHLINE STA. 124+00
SEE SHEET 3
SEE SHEET 5
MATCHLINE STA. 112+00
MATCHLINE STA. 124+00
SEE SHEET 5
SEE SHEET 3
MATCHLINE STA. 112+00

HILLSIDE
AVE

8''W 8''W 8''W 8''W 8''W 8''W 8''W 8''W 8''W 8''W 8''W 8''W 8''W 8''W 8''W 8''W 2''G 2''G 2''G 2''G 2''G 2''G 2''G 2''G 2''G 2''G 2''G 2''G 2''G 2''G 2''G 2''G 2''G 2''G CONSTRUCTION NOTES LEGEND:

CITY OF TWENTY-NINE PALMS
Ontario, California 91764
3190 C Shelby Street
Tel: (909) 890-9693 Fax: (909) 890-9694
100% SUBMITTAL
0 SCALE: 1" = 40'
40 20 80

EL PASEO RD
SEE SHEET 4
MATCHLINE STA. 124+00

YUCCA AVE
SEE SHEET 4
MATCHLINE STA. 124+00

8''W
8''W
8''W 12''W 12''W 12''W 12''W 12''W 12''W 12''W 12''W 12''W 12''W 12''W 8''W
8''W
8''W
8''W 8''W
3''G
2''G
4''G 4''G 4''G 4''G 4''G 4''G 4''G 4''G 4''G 4''G 4''G 4''G 4''G 4''G 4''G 4''G 2''G 2''G LEGEND:
12''W 12''W
12''W 12''W 12''W 12''W
6''W 6''W
4''G 4''G 4''G 4''G 4''G 4''G 4''G 4''G

CONSTRUCTION NOTES

TWO MILE RD CROSS SECTION
STA. 100+00.00 TO STA. 109+99.15
NTS

TWO MILE RD CROSS SECTION
STA. 109+99.15 TO STA. 119+71.34
NTS

CITY OF TWENTY-NINE PALMS
Ontario, California 91764
3190 C Shelby Street
Tel: (909) 890-9693 Fax: (909) 890-9694
100% SUBMITTAL
0 SCALE: 1" = 40'
40 20 80

LEGEND:

CONSTRUCTION NOTES
8''W
8''W
8''W
8''W
3''G
3''G
2''G 2''G 2''G 2''G
2''G 2''G 2''G 2''G 2''G 2''G

CITY OF TWENTY-NINE PALMS
Ontario, California 91764
3190 C Shelby Street
Tel: (909) 890-9693 Fax: (909) 890-9694
100% SUBMITTAL

12''W 12''W 12''W 12''W 12''W 12''W 12''W 12''W 12''W 12''W 12''W 12''W 12''W 12''W 12''W 12''W 12''W 12''W 12''W 6''W 6''W 8''W 8''W 8''W 12''W 12''W 12''W 4''G 4''G 4''G 4''G 4''G 4''G 4''G
4''G
4''G 4''G 4''G 4''G 4''G 4''G 4''G 4''G 4''G 4''G 4''G 4''G 3''G
3''G
3''G

CONSTRUCTION NOTES
LEGEND:

TWO MILE RD CROSS SECTION
STA. 119+55.70 TO STA. 126+64.00
NTS

CITY OF TWENTY-NINE PALMS
Ontario, California 91764
3190 C Shelby Street
Tel: (909) 890-9693 Fax: (909) 890-9694
100% SUBMITTAL
0 SCALE: 1" = 40'
40 20 80

UTAH TRAIL

8''W
8''W
8''W
8''W
8''W
3''G
3''G
3''G
3''G
3''G
3''G
3''G
2''G 2''G LEGEND:

CONSTRUCTION NOTES 6''W 6''W 6''W 6''W 6''W 6''W

CITY OF TWENTY-NINE PALMS
Ontario, California 91764
3190 C Shelby Street
Tel: (909) 890-9693 Fax: (909) 890-9694
100% SUBMITTAL

LEGEND:

CONSTRUCTION NOTES

CITY OF TWENTY-NINE PALMS
Ontario, California 91764
3190 C Shelby Street
Tel: (909) 890-9693 Fax: (909) 890-9694
100% SUBMITTAL

SIGNING AND STRIPING CONSTRUCTION NOTES

CITY OF TWENTY-NINE PALMS
Ontario, California 91764
3190 C Shelby Street
Tel: (909) 890-9693 Fax: (909) 890-9694
100% SUBMITTAL
MESQUITE SPRING RD EL PASEO RD MATCHLINE STA. 111+00 SEE BELOW LEFT 0 SCALE: 1" = 40'
40 20 80
EL PASEO RD MATCHLINE STA. 124+00 SEE ABOVE RIGHT SEE BELOW LEFT MATCHLINE STA. 112+00 EL PASEO RD SEE ABOVE RIGHT MATCHLINE STA. 111+00

YUCCA AVE

SPLIT ROCK AVE

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SIGNING AND STRIPING CONSTRUCTION NOTES

CITY OF TWENTY-NINE PALMS
Ontario, California 91764
3190 C Shelby Street
Tel: (909) 890-9693 Fax: (909) 890-9694
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CITY OF TWENTY-NINE PALMS
Ontario, California 91764
3190 C Shelby Street
Tel: (909) 890-9693 Fax: (909) 890-9694
100% SUBMITTAL
0 SCALE: 1" = 40'
40 20 80
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QUADRANT

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

TABLE OF CONTENTS
SECTION 100 – NOTICE INVITING BIDS................................................................................. 1 SECTION 200 – INSTRUCTIONS TO BIDDERS....................................................................... 3 SECTION 300 – BID FORM ....................................................................................................... 10 SECTION 305 – CONTRACTOR’S CERTIFICATE REGARDING WORKERS’ COMPENSATION....................................................................................................................... 15 SECTION 310 – BID BOND ....................................................................................................... 16 SECTION 320 – NON-COLLUSION DECLARATION ............................................................ 21 SECTION 330 – BIDDER INFORMATION AND EXPERIENCE FORM............................... 22 SECTION 340 – DESIGNATION OF SUBCONTRACTORS................................................... 28 SECTION 350 – IRAN CONTRACTING ACT CERTIFICATION........................................... 30 SECTION 400 – CONTRACT FOR CONSTRUCTION ............................................................ 31 SECTION 510 – PERFORMANCE BOND ................................................................................ 45 SECTION 520 – PAYMENT BOND........................................................................................... 51 SECTION 600 – GENERAL CONDITIONS .............................................................................. 57 ARTICLE 1. DEFINITIONS.................................................................................................................... 57 ARTICLE 2. CONTRACT DOCUMENTS .............................................................................................. 58 ARTICLE 3. EXISTENCE OF UTILITIES AT THE SITE........................................................................ 59 ARTICLE 4. SCHEDULE....................................................................................................................... 61 ARTICLE 5. SUBSTITUTIONS.............................................................................................................. 62 ARTICLE 6. SUBMITTALS.................................................................................................................... 63 ARTICLE 7. MATERIALS ...................................................................................................................... 63 ARTICLE 8. CONTRACTOR’S SUPERVISION .................................................................................... 64 ARTICLE 9. WORKERS........................................................................................................................ 64 ARTICLE 10. SUBCONTRACTORS ..................................................................................................... 64 ARTICLE 11. PERMITS AND LICENSES ............................................................................................. 64 ARTICLE 12. UTILITY USAGE.............................................................................................................. 65 ARTICLE 13. INSPECTION FEES FOR PERMANENT UTILITIES ...................................................... 65 ARTICLE 14. TRENCHES..................................................................................................................... 65 ARTICLE 15. DIVERSION OF RECYCLABLE WASTE MATERIALS................................................... 66 ARTICLE 16. REMOVAL OF HAZARDOUS MATERIALS.................................................................... 66 ARTICLE 17. SANITARY FACILITIES .................................................................................................. 66 ARTICLE 18. AIR POLLUTION CONTROL........................................................................................... 67 ARTICLE 19. COMPLIANCE WITH STATE STORM WATER PERMIT ............................................... 67 ARTICLE 20. CLEANING UP ................................................................................................................ 68

ARTICLE 21. LAYOUT AND FIELD ENGINEERING ............................................................................ 68 ARTICLE 22. NOISE ............................................................................................................................. 68 ARTICLE 23. TESTS AND INSPECTIONS........................................................................................... 68 ARTICLE 24. PROTECTION OF WORK AND PROPERTY ................................................................. 69 ARTICLE 25. CONTRACTORS MEANS AND METHODS ................................................................... 70 ARTICLE 26. INSPECTOR’S FIELD OFFICE....................................................................................... 70 ARTICLE 27. AUTHORIZED REPRESENTATIVES ............................................................................. 71 ARTICLE 28. LABOR ............................................................................................................................ 71 ARTICLE 29. INSURANCE ................................................................................................................... 74 ARTICLE 30. TIME FOR COMPLETION AND LIQUIDATED DAMAGES ............................................ 77 ARTICLE 31. PAYMENT ....................................................................................................................... 78 ARTICLE 32. CHANGES AND EXTRA WORK..................................................................................... 80 ARTICLE 33. OCCUPANCY.................................................................................................................. 82 ARTICLE 34. INDEMNIFICATION......................................................................................................... 82 ARTICLE 35. RECORD (“AS BUILT”) DRAWINGS .............................................................................. 83 ARTICLE 36. RESOLUTION OF CONSTRUCTION CLAIMS............................................................... 83 ARTICLE 37. CITY’S RIGHT TO TERMINATE CONTRACT ................................................................ 85 ARTICLE 38. WARRANTY AND GUARANTEE.................................................................................... 87 ARTICLE 39. DOCUMENT RETENTION & EXAMINATION................................................................. 88 ARTICLE 40. SOILS INVESTIGATIONS............................................................................................... 88 ARTICLE 41. SEPARATE CONTRACTS.............................................................................................. 88 ARTICLE 42. NOTICE AND SERVICE THEREOF ............................................................................... 89 ARTICLE 43. NOTICE OF THIRD PARTY CLAIMS.............................................................................. 89 ARTICLE 44. STATE LICENSE BOARD NOTICE ................................................................................ 89 ARTICLE 45. INTEGRATION................................................................................................................ 89 ARTICLE 46. ASSIGNMENT................................................................................................................. 89 ARTICLE 47. CHANGE IN NAME AND NATURE OF CONTRACTOR’S LEGAL ENTITY................... 90 ARTICLE 48. ASSIGNMENT OF ANTITRUST ACTIONS..................................................................... 90 ARTICLE 49. PROHIBITED INTERESTS ............................................................................................. 90 ARTICLE 50. LAWS AND REGULATIONS........................................................................................... 90 ARTICLE 51. PATENT FEES OR ROYALTIES .................................................................................... 91 ARTICLE 52. NOTICE OF TAXABLE POSSESSORY INTEREST....................................................... 91 SECTION 700 – SPECIAL CONDITIONS................................................................................. 92 TECHNICAL SPECIAL PROVISIONS................................................................................................. 106 PLANS AND DRAWINGS.................................................................................................................... 139

1 Twentynine Palms
Safe Route to School Infrastructure Implementation Project SECTION 100 – NOTICE INVITING BIDS
The City of Twentynine Palms (“City”) will receive sealed bids for the Safe Routes to School Infrastructure Implementation Project (“Project”) at the office of the City Clerk no later than April 6, 2023 at 10:00am, at which time or thereafter bids will be opened and read aloud. Bids received after this time will be returned unopened. Bids shall be valid for sixty (60) calendar days after the bid opening date.

PLACE OF BID RECEIPT: Engineering Office
City of Twentynine Palms
6136 Adobe Road
Twentynine Palms, CA 92277
REQUESTS FOR INFORMATION: All requests for information (RFI) must be submitted in writing and received no later than
March 28, 2023 at 6:00pm. Questions can be sent by email to [email protected].

DESCRIPTION OF WORK: The Project generally consists of providing necessary labor, equipment, and materials for the installation of curb, gutter, sidewalk, ADA ramps and driveways. Work on the Project shall be completed within 90 working days.

AVAILABILITY OF CONTRACT DOCUMENTS: Bids must be submitted on the City’s Bid Forms. Bidders may obtain a digital format of the Contract Documents at http://www.ebidboard.com which can be accessed directly from the City’s website, or at the City’s Bid Notices webpage. Please note that in order to be considered a plan holder, Contractor must still register as a plan holder on ebidboard.com.

ENGINEER’S ESTIMATE: $900,000 - $1,150,000
BID GUARANTEE: Bids must be accompanied by cash, a certified or cashier’s check, or a Bid Bond in favor of the City in an amount not less than ten percent (10%) of the submitted Total Bid Price.

PAYMENT AND PERFORMANCE BONDS: The successful bidder will be required to furnish the City with Payment and Performance Bonds equal to 100% of the Contract Price, prior to execution of the Contract.

All bonds are to be secured from a surety that meets all State of California bonding requirements, as defined in Code of Civil Procedure section 995.120, and is admitted by the State of California. The successful Bidder shall also be required to meet the insurance requirements of the Authority, as set forth in the General Conditions. All said bond and insurance requirements shall be completed and submitted to the Authority within twenty-one (21) consecutive calendar days from the date the Authority gives written intentions to award the Contract. Failure to meet these requirements within the allotted time shall be sufficient cause for rejection of Bid.

SUBSTITUTE SECURITIES FOR RETENTION MONEYS: Pursuant to Public Contract Code section 22300, the successful bidder may substitute certain securities for funds withheld by City to ensure his performance under the Contract.

PREVAILING WAGE RATES: The Director of Industrial Relations has determined the general prevailing rate of per diem wages in the locality in which this work is to be performed for each craft or type of worker needed to execute the Contract which will be awarded to the successful Bidder, copies of which are on file and will be made available to any interested party upon request at the City Clerk’s office or online at http://www.dir.ca.gov. A copy of these rates shall be posted by the successful Bidder at the job site. The successful Bidder and all subcontractor(s) under him shall comply with all applicable Labor Code provisions, which include, but are not limited to the payment of not less than the required prevailing rates to all workers

2 Twentynine Palms
Safe Route to School Infrastructure Implementation Project employed by them in the execution of the Contract, the employment of apprentices, the hours of labor and the debarment of contractors and subcontractors
PUBLIC WORKS CONTRACTOR REGISTRATION: Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors must be registered with the Department of Industrial Relations. Because the Work involves federal funds, the successful Bidder and its subcontractors shall be properly licensed by the time the Contract is awarded. No contract will be entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. If awarded a Contract, the Bidder and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project.

This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

In bidding on this Project, it shall be the Bidder’s sole responsibility to evaluate and include the cost of complying with all labor compliance requirements under this Contract and applicable law in its bid.

DBE CONTRACT GOAL: 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 non-responsive.

CONTRACTOR’S LICENSE: Each Bidder shall be a licensed contractor pursuant to the Business and Professions Code and shall be licensed in the following appropriate classification(s) of contractor’s license(s), for the work bid upon, and must maintain the license(s) throughout the duration of the Contract:

Class (A) General Engineering Contractor
AWARD OF CONTRACT: The City shall award the Contract for the Work to the lowest responsive, responsible bidder as determined from the base bid by the City. The City reserves the right to reject any or all bids or to waive any irregularities or informalities in any bids or in the bidding process.

For further information, contact Richard Pedersen at 760-367-6799 or by email at [email protected] By: Date: March 9, 2023
Richard Pedersen, P.E., City Engineer
City of Twentynine Palms

END OF NOTICE INVITING BIDS

3 Twentynine Palms
Safe Route to School Infrastructure Implementation Project SECTION 200 – INSTRUCTIONS TO BIDDERS

1. AVAILABILITY OF CONTRACT DOCUMENTS
Bids must be submitted to the City on the Bid Forms which are a part of the Bid Package for the Work. Bid and Contract Documents may be obtained from the City at the location(s) and at the time(s) indicated in the Notice Inviting Bids. Prospective bidders are encouraged to telephone in advance to determine the availability of Bid and Contract Documents. Any charge for the Contract Documents is stated in the Notice Inviting Bids.

The City shall also make the Bid and Contract Documents available for review in electronic form at one or more plan rooms at no charge, as required by Public Contract Code section 20103.7. Please Note:

Prospective bidders who choose to review the Contract Documents at a plan room must contact the City to obtain the required Contract Documents if they decide to submit a bid for the Work. The City does not assume any liability or responsibility based on any defective or incomplete copying, excerpting, scanning, faxing, downloading or printing of the Bid Documents.

Addenda, if any, issued during the bid period will be sent only to those contractors who have obtained documents from the City. Failure to acknowledge Addenda may make a bid nonresponsive and not eligible for award of the contract.

2. EXAMINATION OF CONTRACT DOCUMENTS
The City has made copies of the Contract Documents available as indicated above. Bidders shall be solely responsible for examining the Project Site and the Contract Documents, including any addenda issued during the bidding period, and for informing themselves with respect to local labor availability, means of transportation, necessity for security, laws and codes, local permit requirements, wage scales, local tax structure, contractors’ licensing requirements, availability of required insurance, and other factors that could affect the Work. Bidders are responsible for consulting the standards referenced in the Contract Documents. Bidders shall be solely responsible for their failure to examine the documents and inform themselves, shall proceed at their sole risk, and no relief for error or omission will be given except as required under State law.

3. INTERPRETATION OF CONTRACT DOCUMENTS
Discrepancies in, and/or omissions from the Bid or Contract Documents or questions as to their meaning shall be immediately brought to the attention of the City by submission of a written request for an interpretation or correction to the City. Any such submission must be sent to the Engineering Department by faxing (760) 367-4890 or emailing to:
[email protected]
Any interpretation of the Bid or Contract Documents will be made only by written addenda duly issued and mailed or delivered to each person or firm who has obtained a set of Bid and Contract Documents from the City. The City will not be responsible for any explanations or interpretations provided in any other manner.

No person is authorized to make any oral interpretation of any provision in the Bid or Contract Documents to any bidder, and no bidder should rely on any such oral interpretation.

Bids shall include complete compensation for all work to be performed under the Contract Documents.

4. INSPECTION OF SITE; PRE-BID CONFERENCE AND SITE WALK

4 Twentynine Palms
Safe Route to School Infrastructure Implementation Project Each prospective bidder is responsible for fully acquainting itself with conditions of the Site (which may include more than one location) and those relating to construction of the Work, fully understanding the facilities, difficulties and restrictions which may affect the cost or effort required to complete the Work.

5. ADDENDA
The City reserves the right to revise the Bid and Contract Documents prior to the bid opening date.

Revisions, if any, shall be made by written addenda. All addenda issued by the City shall be included in the bid and made part of the Contract Documents. Pursuant to Public Contract Code section 4104.5, if the City issues an Addendum which includes material changes to the Work less than 72 hours prior to the deadline for submission of bids, the City will extend the deadline for submission of bids. The City may determine, in its sole discretion, whether an Addendum warrants postponement of the bid submission date.

Each prospective bidder shall provide City a name, email address and facsimile number to which addenda may be sent, as well as a telephone number by which the City can contact the bidder. Copies of addenda will be furnished by facsimile, first class mail, express mail or other proper means of delivery without charge to all parties who have obtained a copy of the Contract Documents and provided such current information.

Please Note: Bidders are responsible for ensuring that they have received any and all addenda. Each bidder should contact the Engineering Department to verify that it has received all addenda issued, if any, prior to the bid opening. Failure to acknowledge receipt of all addenda may result in bid rejection.

6. ALTERNATE BIDS
If alternate bid items are called for in the Contract Documents, the lowest bid will be determined on the basis of the base bid only unless otherwise specified in the Notice Inviting Bids. The time required for completion of the alternate bid items has been factored into the Contract Time and no additional time will be allowed for performing any of the alternate bid items. Regardless of whether the alternates bid items will be considered in determining the low bid, the City may elect to include one or more of the alternate bid items, or to otherwise remove certain work from the scope of Work. Accordingly, each Bidder must ensure that each bid item contains a proportionate share of profit, overhead and other costs or expenses which will be incurred by the Bidder.

7. COMPLETION OF BID FORMS
Bids shall only be prepared using copies of the Bid Forms which are included in the Bid and Contract Documents. The use of Bid Forms other than clear and correct photocopies of those provided by the City will not be permitted. Bids shall be executed by an authorized signatory as described in these Instructions to Bidders. Bidders shall fill in all blank spaces (including inserting “N/A” where applicable) and initial all interlineations, alterations, or erasures to the Bid Forms. Bidders shall neither delete, modify, nor supplement the printed matter on the Bid Forms nor make substitutions thereon. USE OF BLACK OR BLUE INK, INDELIBLE PENCIL OR A TYPEWRITER IS REQUIRED. Deviations in the Bid Form may result in the bid being deemed non-responsive.

8. MODIFICATIONS OF BIDS
Each Bidder shall submit its Bid in strict conformity with the requirements of the Bid and Contract Documents. Unauthorized additions, modifications, revisions, conditions, limitations, exclusions or provisions attached to a Bid may render it non-responsive and may cause its rejection. Bidders shall neither delete, modify, nor supplement the printed matter on the Bid Forms, nor make substitutions thereon. Oral, telephonic and electronic modifications will not be considered, unless the Notice Inviting Bids authorizes the submission of electronic bids and modifications thereto and such modifications are made in accordance with the Notice Inviting Bids.

9. DESIGNATION OF SUBCONTRACTORS

5 Twentynine Palms
Safe Route to School Infrastructure Implementation Project Pursuant to State law, the Bidders must designate the name, license number, and location of each subcontractor who will perform work or render services to the Bidder in an amount that exceeds one-half of one percent (1/2%) of the Bidder’s Total Bid Price, as well as the portion of work each such subcontractor will perform on the form provided herein by the City. No additional time will be provided to bidders to submit any of the information required in the Designation of Subcontractor form.

10. LICENSING REQUIREMENTS
Pursuant to section 7028.15 of the Business and Professions Code and section 3300 of the Public Contract Code, all bidders must possess licenses issued by the State of California Contractors License Board for performance of this Contract. Subcontractors must possess the appropriate licenses for each specialty subcontracted. The City has determined that bidders must have the class of license designated in the Notice Inviting Bids to be eligible for award of this Contract. Pursuant to section 7028.5 of the Business and Professions Code, any bid submitted by a contractor not currently licensed in accordance with state law and pursuant to the requirements found in the Contract Documents shall be nonresponsive, and the City shall reject the Bid. The City shall have the right to request, and Bidders shall provide within five (5) Days, evidence satisfactory to the City of all valid license(s) currently held by that Bidder before awarding the Contract. 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.

Notwithstanding anything contained herein, if the Work involves federal funds, the Contractor shall be properly licensed by the time the Contract is awarded, pursuant to the provisions of Public Contract Code section 20103.5.

11. SIGNING OF BIDS
All Bids submitted shall be executed by the Bidder or its authorized representative. Bidders may be asked to provide evidence in the form of an authenticated resolution of its Board of Directors or a Power of Attorney evidencing the capacity of the person signing the Bid to bind the Bidder to each Bid and to any Contract.

If a Bidder is a joint venture or partnership, it may be asked to submit an authenticated Power of Attorney executed by each joint venturer or partner appointing and designating one of the joint venturers or partners as a management sponsor to execute the Bid on behalf of Bidder. Only that joint venturer or partner shall execute the Bid. The Power of Attorney shall also: (1) authorize that particular joint venturer or partner to act for and bind Bidder in all matters relating to the Bid; and (2) provide that each venturer or partner shall be jointly and severally liable for any and all of the duties and obligations of Bidder assumed under the Bid and under any Contract arising therefrom. The Bid shall be executed by the designated joint venturer or partner on behalf of the joint venture or partnership in its legal name.

12. BID GUARANTEE
Each bid shall be accompanied by: (a) cash; (b) a certified check made payable to the City; (c) a cashier’s check made payable to the City; or (d) a bid bond payable to the City executed by the bidder as principal and surety as obligor, in an amount not less than 10% of the maximum amount of the bid. The surety insurer shall be admitted to transact surety business in the State of California, as defined in Code of Civil Procedure section 995.120. Personal sureties and unregistered surety companies are unacceptable. The cash, check or bid bond shall be given as a guarantee that the bidder shall execute the Contract if it be awarded to the bidder, and shall provide the required payment and performance bonds and insurance certificates and endorsements within ten (10) Days after notification of the award of the Contract to the bidder. Failure to provide the required documents may result in forfeiture of the bidder’s bid guarantee or bond to the City and the City may award the Contract to another bidder or may call for new bids.

6 Twentynine Palms
Safe Route to School Infrastructure Implementation Project

13. SUBMISSION OF SEALED BIDS
Once the Bid and supporting documents have been completed and signed as set forth herein, they shall be placed, along with the Bid Guarantee and other required materials, in an envelope, sealed, addressed and delivered or mailed, postage prepaid to the City at the place and to the attention of the person indicated in the Notice Inviting Bids. No oral or telephonic bids will be considered. No forms transmitted via the internet, e-mail, facsimile, or any other electronic means will be considered unless specifically authorized by City as stated in the Notice. The envelope shall also show the following in the lower left-hand corner thereof:
“Sealed Bid For: Safe Routes to School Infrastructure Implementation” Only where expressly permitted in the Notice Inviting Bids may Bidders submit their bids via electronic transmission pursuant to Public Contract Code sections 1600 and 1601. Any acceptable method(s) of electronic transmission shall be stated in the Notice Inviting Bids. City may reject any bid not strictly complying with City’s designated methods for delivery. DELIVERY AND OPENING OF BIDS Bids will be received by the City at the address shown in the Notice Inviting Bids up to the date and time shown therein. The City will leave unopened any Bid received after the specified date and time, and any such unopened Bid will be returned to the Bidder. It is the Bidder’s sole responsibility to ensure that its Bid is received as specified. Bids may be submitted earlier than the dates(s) and time(s) indicated.

Bids will be opened promptly after the date and time stated in the Notice Inviting Bids, and the amount of each Bid will be read aloud and recorded. All Bidders may, if they desire, attend the opening of Bids. The City may in its sole discretion, elect to postpone the opening of the submitted Bids. City reserves the right to reject any or all Bids and to waive any informality or irregularity in any Bid. In the event of a discrepancy between the written amount of the Bid Price and the numerical amount of the Bid Price, the written amount shall govern.

14. WITHDRAWAL OF BID
Prior to the original time set for bid opening, a Bid may be withdrawn by the Bidder only by means of a written request signed by the Bidder or its properly authorized representative. Any request to withdraw a bid after bid opening must be made in accordance with Public Contract Code section 5100 et seq. and must be submitted in writing within five (5) working days, excluding Saturdays, Sundays and State holidays, specifying in detail how the mistake was made.

15. BASIS OF AWARD; BALANCED BIDS
The City shall award the Contract to the responsible Bidder that submits the lowest responsive Bid, which shall be determined as set forth in the Notice Inviting Bids. The City may reject any Bid which, in its opinion when compared to other bids received or to the City’s internal estimates, does not accurately reflect the cost to perform the Work. The City may reject as nonresponsive any bid which unevenly weights or allocates costs, including but not limited to overhead and profit, to one or more particular bid items.

16. DISQUALIFICATION OF BIDDERS; INTEREST IN MORE THAN ONE BID No bidder shall be allowed to make, submit or be interested in more than one bid. However, a person, firm, corporation or other entity that has submitted a proposal to a bidder, or that has quoted prices of materials to a bidder, is not thereby disqualified from submitting a proposal or quoting prices to other bidders submitting a bid to the City. No person, firm, corporation, or other entity may submit a proposal to a bidder, or quote prices of materials to a bidder, when also submitting a prime bid for the Work.

17. INSURANCE REQUIREMENTS

7 Twentynine Palms
Safe Route to School Infrastructure Implementation Project The successful bidder shall procure and maintain insurance in the form and in the amount specified in the Contract Documents.

18. AWARD PROCESS
Once all Bids are opened and reviewed to determine the lowest responsive and responsible Bidder, the City Council may award the contract or reject all bids. Once the City notifies the Bidder of the award, the Bidder will have ten (10) calendar days from the date of the award to deliver to City the executed Contract, all the required bonds, evidence of insurance and other materials. Once the City receives all the properly executed documents and certifications, the City shall issue a Notice to Proceed. The apparent low bidder’s failure to submit the required documents within the stated time may result in loss of the Contract and forfeiture of its bid security. If the City elects to accept bonds and insurance submitted late, the Contract Time will begin to run ten (10) calendar days from the date of the notification of award even if the City has not issued a Notice to Proceed.

19. WORKERS COMPENSATION
Each bidder shall submit the Contractor’s Certificate Regarding Workers’ Compensation form.

20. RETENTION AND SUBSTITUTION OF SECURITY
The City will make monthly progress payments based upon work performed in accordance with the Contract Documents. Unless otherwise specified in the Notice Inviting Bids, the City will retain five percent (5%) of each progress payment as provided by the Contract Documents. At the request and expense of the successful Bidder, the Contractor may substitute securities for the amount so retained in accordance with Public Contract Code section 22300.

21. PREVAILING WAGES
The City has obtained from the Director of the Department of Industrial Relations the general prevailing rate of per diem wages in the locality in which this work is to be performed for each craft or type of worker needed to execute the Contract. These rates are on file and available at the City Clerk’s office or may be obtained online at http://www.dir.ca.gov/dlsr. Bidders are advised that a copy of these rates must be posted by the successful Bidder at the job site(s).

If the Work involves federal funds or otherwise requires compliance with the Davis-Bacon Fair Labor Standards Act, the Contractor and all its subcontractors shall pay the higher of the state or federal prevailing wage rates.

22. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS
In accordance with the provisions of the Labor Code, contractors or subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to section 1777.1 or section 1777.7 of the Labor Code. Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid to a debarred subcontractor by the Contractor shall be returned to the City. The Contractor shall be responsible for the payment of wages to workers of a debarred subcontractor used on the Work.

23. IRAN CONTRACTING ACT CERTIFICATION

8 Twentynine Palms
Safe Route to School Infrastructure Implementation Project Each bidder shall submit the certification required by the Iran Contracting Act of 2010, Public Contract Code section 2200 et seq. with its bid. The certification is included in the Bid Documents.

24. PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. If awarded a Contract, the Bidder and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project.

Notwithstanding anything contained herein, if the Work involves federal funds, the Contractor and all subcontractors shall be properly registered with the Department of Industrial Relations by the time the Contract is awarded, pursuant to the provisions of Labor Code section 1771.1(a).

25. PERFORMANCE BOND AND PAYMENT (LABOR AND MATERIALS) BOND REQUIREMENTS The successful bidder shall deliver to the City four fully executed, identical counterparts of the Performance Bond and Payment (Labor and Materials) Bond in the form supplied by the City and included in the Contract Documents. Each bond shall be for one hundred percent (100%) of the Contract Price. The surety insurer shall be admitted to transact surety business in the State of California, in accordance with Code of Civil Procedure section 995.120. Personal sureties and unregistered surety companies are unacceptable.

Failure to furnish a bond within this time may, in the sole discretion of City, result in the forfeiture of the Bid Guarantee.

26. REQUEST FOR SUBSTITUTIONS
The successful bidder shall comply with the substitution request procedures set forth in the Bid and Contract Documents. Any deadlines for substitution requests that occur prior to the bid opening date are set forth in the Special Conditions.

27. SALES AND OTHER APPLICABLE TAXES, PERMITS, LICENSES AND FEES Contractor and its subcontractors performing work under this Contract will be required to pay California sales tax and other applicable taxes, and to pay for permits, licenses and fees required by the agencies with authority in the jurisdiction in which the work will be located, unless otherwise expressly provided by the Contract Documents. Bidders shall include all applicable taxes and fees that are in effect or reasonably anticipated on the bid date in their bid price.

28. EXECUTION OF CONTRACT
As required herein the successful bidder shall execute the Contract included with the bid documents in the amount determined in accordance with the Contract Documents. The City may require appropriate evidence that the persons executing the Contract are duly authorized to do so on the Contractor’s behalf.

29. BID PROTEST PROCEDURE
Any bid protest relating to the form or content of the Bid or Contract Documents must be submitted in writing to the City’s Clerk at least ten (10) business days before the original date set for the bid opening. Any bidder who submits a bid without making a protest shall be deemed to have waived any objection to the form or content of the Bid or Contract Documents not previously stated in writing.

9 Twentynine Palms
Safe Route to School Infrastructure Implementation Project Submitted bids will be timely made available for review upon written request of any bidder.

Bidders may file a “protest” of a Bid with the City’s Clerk. The protest must:

A. Be filed in writing not later than 5:00 p.m. on the fifth business day after the bid opening date B. Clearly identify the specific alleged irregularity or other basis for the protest; C. Specify, in detail, the factual and legal grounds for the protest; and D. Include all relevant supporting documentation with the protest at time of filing.

If the protest does not meet all of these requirements, the City may reject it without further review.

If the protest is timely and complies with all of the above requirements, the City’s Clerk, or other designated City staff member, shall review the protest, any response from the challenged bidder, and all other relevant information. The City will provide a written response to the protestor.

The procedure and time limits set forth in this section are mandatory and are the sole and exclusive remedy in the event of a bid protest. Failure to comply with these procedures shall constitute a failure to exhaust administrative remedies and a waiver of any right to further pursue the bid protest, including filing a Government Code Claim or legal proceedings.

END OF INSTRUCTIONS TO BIDDERS

10 Twentynine Palms
Safe Route to School Infrastructure Implementation Project SECTION 300 – BID FORM
NAME OF BIDDER:

The undersigned Bidder hereby declares that it has carefully examined the location of the proposed Work, and has read and examined the Contract Documents, including all plans, specifications, 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 in strict accordance with the Contract Documents for the following TOTAL BID PRICE:

BID SCHEDULE – Safe Routes to School Infrastructure Implementation No. ITEM DESCRIPTION

UNIT OF

MEASURE

ESTIMATED

QUANTITY UNIT PRICE AMOUNT
1 Mobilization LS 1
2 Temporary Traffic Control LS 1
3 Furnish, Install, maintain,
and Remove Project
Identification Sign
LS 1
4 Storm Water Pollution
Prevention Plan and Best
Management Practices
LS 1
5 Construction Staking and
Monumentation LS 1
6 Clearing and Grubbing LS 1
7 Sawcut, remove and grind
AC pavement, Full Depth
of Existing Pavement
SY 1,300
8 Remove PCC Driveway SF 5,200
9 Remove PCC Sidewalk SF 3,500
10 Remove Curb Ramp SF 350

11 Twentynine Palms
Safe Route to School Infrastructure Implementation Project 11 Remove PCC Curb and
Gutter LF 3,400
12 Remove PCC Cross Gutter SF 2,000
13 Grind Existing Pavement

1.5", variable thickness SF 35,000
14 Construct 4" Thick AC
Base Course (PG 70-10-B) TN 365
15 Construct 1.5" Thick AC
Surface TN 235
16 Construct 4" Thick AC
Path, Over 12" 95%
Compacted Native
TN 235
17 Construct 8" AC Dike Per
County of San Bernardino
Standard Plan 117
LF 250
18 Construct 6" AC Dike Per
County of San Bernardino
Standard Plan 117
LF 10
19 Construct 4" Thick PCC
Sidewalk Over 12" Min
90% Compacted Native
Per County of San
Bernardino Standard Plan
109 Type C
SF 22,000
20 Construct Curb Ramp Per
SPPWC Standard Plan
111-5, Over 12" Min 90%
Compacted Native. Case
and Type Indicated on
Plans
EA 7
21 Construct Curb Ramp Per
County of San Bernardino
Standard Plan 110, Over
12" Min 90% Compacted
Native
EA 2
22 Construct Curb Ramp per
Caltrans Standard Plan
A88A, Case F
EA 1
23 Construct 8" Curb and
Gutter Per County of San
Bernardino Standard Plan
115
LF 870
24 Construct 6" Curb and
Gutter Per County of San
LF 2,900

12 Twentynine Palms
Safe Route to School Infrastructure Implementation Project Bernardino Standard Plan
116
25 Construct 8" PCC Cross
Gutter and/or Spandrel Per
County of San Bernardino
Standard Plan 119
SF 1,600
26 Construct 6" Thick PCC
Commercial Driveway Over
12" Min 95% Compacted
Native Per County of San
Bernardino Standard Plan
129B
SF 1,220
27 Construct 6" thick PCC
Depressed Driveway over
12" Min 95% Compacted
Native Per Detail "A" on
Sheet 2
SF 600
28 Construct 6" thick PCC
Residential Driveway Over
12" Min 95% Compacted
Native Per County of San
Bernardino Standard Plan
128
SF 3,200
29 Construct 6" PCC
pavement driveway
transition over 12” 95%
compacted native
SF 1,200
30 Adjust Existing Utility to
Grade EA 2
31 Remove Existing Tree and
Roots and Replace with
Compacted Native
EA 2
32 Relocate Existing Chainlink Fence LF 650
33 Relocate Existing Gate and
Adjust to New Grade LS 1
34 Remove Existing Drainage
Grate and Protect Existing
Drainage Pipe. Construct
Grate per SPPWC
Standard Plan 303-3.

EA 1
35 Install New Mailbox and
Post Per County of San
Bernardino Standard Plan
312
EA 14

13 Twentynine Palms
Safe Route to School Infrastructure Implementation Project 36 Install cobblestone
hardscape SF 20
37 Install Yellow Surface
Mounted Truncated Dome
Mat Per SPPWC standard
plan no 115-5
SF 48
38 Traffic Signal LS 1
39 Signing and Striping LS 1
TOTAL BID AMOUNT ____________________________________________ Bid Amount in Numbers
__________________________________________________________________________ Bid Amount in Written Form
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.

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, if the 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.

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.

In no case shall the Contractor commence construction prior to the date stated in the City’s Notice to Proceed, or before providing the required bonds and evidence of insurance.

Bidder certifies that it is licensed in accordance with the California law providing for the registration of Contractors, License No. _________, Expiration Date _______, class of license _____. If the bidder is a joint venture, each member of the joint venture must include the above information.

14 Twentynine Palms
Safe Route to School Infrastructure Implementation Project 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 undersigned acknowledges receipt, understanding and full consideration of the following addenda to the Contract Documents.

Addenda No. _______________________
Addenda No. _______________________
Addenda No. _______________________
BIDDER’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

1. Bid Form ________

2. Bid Schedule ________

3. Bid Bond or other security ________

4. List of Subcontractors ________

5. Information Required of Bidders ________

6. Contractor’s Certificate Regarding Workers’ Compensation ________

7. Non-Collusion Declaration ________

8. Iran Contracting Act Certification ________

9. Exhibit 15-G ________

10. Exhibit 15-H ________
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 Bidder
Signature
Name and Title
Dated

15 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 liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract.

Name of Bidder
Signature
Name
Title
Dated

16 Twentynine Palms
Safe Route to School Infrastructure Implementation Project SECTION 310 – BID BOND
The makers of this bond are _______________________________________, as Principal, and ___________________________________________________, as Surety and are held and firmly bound unto the City of Twentynine Palms, hereinafter called the City, in the penal sum of TEN PERCENT (10%) OF THE TOTAL BID PRICE of the Principal 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, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying Bid dated _______________ __, 20__, for Safe Routes to School Infrastructure Implementation Project.

If the Principal does not withdraw its Bid within the time specified 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; then this obligation shall be null and void. Otherwise, this bond will remain in full force 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.

IN WITNESS WHEREOF, the above-bound parties have executed this instrument under their several seals this ____ day of _______________ , 20___, the name and corporate seal of each corporation. (Corporate Seal)
Contractor/ Principal
By
Title
(Attach Acknowledgment Form)
(Corporate Seal)
Surety
By

17 Twentynine Palms
Safe Route to School Infrastructure Implementation Project Attorney-in-Fact
(Attach Attorney-in-Fact Certificate)
Title

18 Twentynine Palms
Safe Route to School Infrastructure Implementation Project NOTE: This acknowledgment is to be completed for Contractor/Principal.

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

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

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

WITNESS my hand and official seal.

Place Notary Seal Above Signature of Notary Public

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

CAPACITY CLAIMED BY SIGNER
Individual

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

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above

19 Twentynine Palms
Safe Route to School Infrastructure Implementation Project Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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

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

WITNESS my hand and official seal.

Place Notary Seal Above Signature of Notary Public

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

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

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above

20 Twentynine Palms
Safe Route to School Infrastructure Implementation Project NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-ofAttorney to local representatives of the bonding company must also be attached.

END OF BID BOND

21 Twentynine Palms
Safe Route to School Infrastructure Implementation Project SECTION 320 – NON-COLLUSION DECLARATION

TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
The undersigned declares:

I am the ___________________ of ___________________, 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, profit, or cost element of the bid price, or of that of any other bidder. All statements 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 ____________________[date], at ___________________[city], ___________________[state].

Name of Bidder
Signature
Name
Title

22 Twentynine Palms
Safe Route to School Infrastructure Implementation Project SECTION 330 – BIDDER INFORMATION AND EXPERIENCE FORM
A. INFORMATION ABOUT 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.

1.0 Name of Bidder: ___________________________________________

2.0 Type, if Entity: ___________________________________________

3.0 Bidder Address: ___________________________________________ _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ Facsimile Number Telephone Number
_____________________________________________________________ Email Address

4.0 How many years has Bidder’s organization been in business as a Contractor? ______________________________

5.0 How many years has Bidder’s organization been in business under its present name? ________________________

5.1. Under what other or former names has Bidder’s organization operated?:_______________________________________________

6.0 If Bidder’s organization is a corporation, answer the following:

6.1. Date of Incorporation: ________________________________

6.2. State of Incorporation: ________________________________

6.3. President’s Name: ________________________________

6.4. Vice-President’s Name(s): ________________________________

6.5. Secretary’s Name: ________________________________

6.6. Treasurer’s Name: ________________________________

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

7.1. Date of Organization: _________________________________

23 Twentynine Palms
Safe Route to School Infrastructure Implementation Project

7.2. Name and address of all partners (state whether general or limited partnership):
___________________________________________________________ ___________________________________________________________ ___________________________________________________________

8.0 If other than a corporation or partnership, describe organization and name principals:
___________________________________________________________ ___________________________________________________________

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

10.0 What type of work does the Bidder normally perform with its own forces? ___________________________________________________________ ___________________________________________________________

11.0 Has Bidder ever failed to complete any work awarded to it? If so, note when, where, and why:
___________________________________________________________ ___________________________________________________________

12.0 Within the last five 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:
___________________________________________________________ ___________________________________________________________

13.0 List Trade References:
___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________

14.0 List Bank References (Bank and Branch Address):
___________________________________________________________

24 Twentynine Palms
Safe Route to School Infrastructure Implementation Project ___________________________________________________________ ___________________________________________________________ ___________________________________________________________

15.0 Name of Bonding Company and Name and Address of Agent:
___________________________________________________________ ___________________________________________________________ ___________________________________________________________ [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
B. LIST OF CURRENT PROJECTS (BACKLOG)
***Note to Bidders: Duplicate Page if needed for listing additional current projects.*** Project Description of
Bidder’s Work
Completion
Date
Cost of Bidder’s
Work
Contact Name &
Phone

25 Twentynine Palms
Safe Route to School Infrastructure Implementation Project 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.

Work Client
Description of
Bidder’s Work
Period of
Performance
Cost of Bidder’s
Work
Contact Name &
Phone

26 Twentynine Palms
Safe Route to School Infrastructure Implementation Project D. EXPERIENCE 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:
___________________________________________________________ __________________________________________________________ ___________________________________________________________

27 Twentynine Palms
Safe Route to School Infrastructure Implementation Project

2. Summarize each person’s specialized education:
___________________________________________________________ ___________________________________________________________ ___________________________________________________________

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

4. Summarize such experience:
___________________________________________________________ ___________________________________________________________ ___________________________________________________________ Bidder agrees that personnel named in this Bid will remain 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 of Bidder
Signature
Name
Title
Dated

END OF BIDDER INFORMATION AND EXPERIENCE FORM

28 Twentynine Palms
Safe Route to School Infrastructure Implementation Project SECTION 340 – DESIGNATION OF 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 will perform work or labor or render service to the Contractor in or about the construction of the work in an amount in excess of one-half of one percent (1/2%) of the Contractor’s Total Bid Price.

Notwithstanding the foregoing, if the 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%) of the Contractor’s total Bid Price 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 if more 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.

Name of Subcontractor Location of Business
Work to be done by
Subcontractor
CSLB
License
Number
% of the
Work

29 Twentynine Palms
Safe Route to School Infrastructure Implementation Project Name of Subcontractor Location of Business
Work to be done by
Subcontractor
CSLB
License
Number
% of the
Work
Name of Bidder
Signature
Name and Title
Dated

30 Twentynine Palms
Safe Route to School Infrastructure Implementation Project 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:
☐The 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, if that 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 amount of the Contract payable to the Contractor for the Work does not exceed $1,000,000.

Signed
Titled
Firm
Date
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.

31 Twentynine Palms
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 day of , 2022 BY AND BETWEEN the City of Twentynine Palms, as AGENCY, and , 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 _________________________ dollars ($ ), 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 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.

32 Twentynine Palms
Safe Route to School Infrastructure Implementation Project 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, proceeding, or prosecution pursuant to California False Claims Act, Government Code Section 12650 et seq.

33 Twentynine Palms
Safe Route to School Infrastructure Implementation Project

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
Twentynine Palms. CA 92277

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Safe Route to School Infrastructure Implementation Project 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
a) Indemnification

35 Twentynine Palms
Safe Route to School Infrastructure Implementation Project 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:

1. Commercial General Liability Insurance – Written on the Insurance Services Office “Commercial General Liability” policy form CG 00 01 or the exact equivalent. Defense

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Safe Route to School Infrastructure Implementation Project 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 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

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Safe Route to School Infrastructure Implementation Project 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.

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.

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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.

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.

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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.

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

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Safe Route to School Infrastructure Implementation Project 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 pursuant to or in any way related to the performance of this Agreement, provide the insurance coverage required here, at a minimum. CONTRACTOR agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section.

41 Twentynine Palms
Safe Route to School Infrastructure Implementation Project 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:
(Print Name and Title)
CONTRACTOR's License No. Class

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Safe Route to School Infrastructure Implementation Project 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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Safe Route to School Infrastructure Implementation Project

44 Twentynine Palms
Safe Route to School Infrastructure Implementation Project (ALL SIGNATURES MUST BE NOTARIZED AND CORPORATE SEALS AFFIXED, IF APPLICABLE)

END OF CONTRACT

45 Twentynine Palms
Safe Route to School Infrastructure Implementation Project SECTION 510 – PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

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

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

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

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

Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:

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

2. Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available

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Safe Route to School Infrastructure Implementation Project as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

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

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

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

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

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

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Safe Route to School Infrastructure Implementation Project By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate)
Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.

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

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

48 Twentynine Palms
Safe Route to School Infrastructure Implementation Project Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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

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

WITNESS my hand and official seal.

Place Notary Seal Above Signature of Notary Public

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

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

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Safe Route to School Infrastructure Implementation Project Guardian/Conservator Date of Document
Other:

Signer is representing:

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

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

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

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

WITNESS my hand and official seal.

Place Notary Seal Above Signature of Notary Public

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

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer

50 Twentynine Palms
Safe Route to School Infrastructure Implementation Project Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:

Signer is representing:

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

END OF PERFORMANCE BOND

51 Twentynine Palms
Safe Route to School Infrastructure Implementation Project SECTION 520 – PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS THAT
WHEREAS, the City of Twentynine Palms (hereinafter designated as the “City”), by action taken or a resolution passed ___________ , 20____ has awarded to ________________ hereinafter designated as the “Principal,” a contract for the work described as follows:
____________________________________________________________________________ (the “Work”); and
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, Principal is required to furnish a bond in connection with the contract described above; providing that if Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

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

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

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

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein

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Safe Route to School Infrastructure Implementation Project above described, nor by any rescission or attempted rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned.

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

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Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.

54 Twentynine Palms
Safe Route to School Infrastructure Implementation Project Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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

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

WITNESS my hand and official seal.

Place Notary Seal Above Signature of Notary Public

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

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

Signer is representing:

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

55 Twentynine Palms
Safe Route to School Infrastructure Implementation Project Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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

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

WITNESS my hand and official seal.

Place Notary Seal Above Signature of Notary Public

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

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

Signer is representing:

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

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END OF PAYMENT BOND

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SECTION 600 – GENERAL CONDITIONS
ARTICLE 1. DEFINITIONS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

13. City shall mean the City of Twentynine Palms, acting through properly authorized agents acting within the scope of the particular duties entrusted to them. Also sometimes referred to as the “City’s Representative” or “Representative” in the Contract Documents. The terms City and Owner may be used interchangeably.

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

ARTICLE 2. CONTRACT DOCUMENTS

2.1 GENERAL

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

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

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

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

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dividing Work among subcontractors or in establishing the extent of Work to be performed by any trade.

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

Additional copies may be obtained at cost of reproduction.

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

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

2.4 DETAIL DRAWINGS AND INSTRUCTIONS

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

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

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

4. Contractor’s Variation from Contract Document Requirements. If Contractor varies from the requirements of the Contract Documents including the requirement to comply with all Applicable Laws, the City may at any time, before or after completion of the Work, order the improper Work removed, remade or replaced by the Contractor at the Contractor’s expense.

2.4 TECHNICAL SPECIFICATIONS
This Project follows the San Bernardino County Standards, SPPWC, and Caltrans 2018 Standard Specifications. Additions, removals, and revisions are contained in Attachment A, “Technical Special Provisions.”
ARTICLE 3. EXISTENCE OF UTILITIES AT THE SITE

3.1 EXISTING UTILITIES

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

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

3.2 UTILITY LOCATION

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

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

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

4. A “Subsurface Installation” is defined in section 4216 (l) as “any underground pipeline, conduit, duct, wire, or other structure, except non-pressurized sewer lines, non-pressurized storm drains, or other non-pressurized drain lines.”

5. Pursuant to Government Code section 4216.2 the Contractor shall contact the appropriate regional notification center at least two (2) working days but not more than 14 Days before performing any excavation. The Contractor shall request that the utility owners conduct a utility survey and mark or otherwise indicate the location of their service. The Contractor shall furnish to the City written documentation of its contact(s) with the regional notification center prior to commencing excavation at such locations.

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

7. The Contractor’s attention is directed to the requirements of Government Code section 4216.2 (a)(2) which provides: “When the excavation is proposed within 10 feet of a high priority subsurface installation, the operator of the high priority subsurface installation shall notify the excavator of the existence of the high priority subsurface installation prior to the legal excavation start date and time, as such date and time are authorized pursuant to paragraph (1) of subdivision (a) of section 4216.2. The excavator and the operator or its representative shall conduct an onsite meeting at a mutually-agreed-on time to determine actions or activities required to verify the location of the high priority subsurface installation prior to start time.” The Contractor shall notify the City in advance of this meeting.

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3.3 UTILITY RELOCATION AND REPAIR

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

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

3. City will compensate the Contractor for the costs of locating and repairing damage not due to the failure of the Contractor to exercise reasonable care, and for removing or relocating such main or trunk line utility facilities not indicated in the Contract Documents with reasonable accuracy, and for the cost of equipment on the Project necessarily idled during such work. The payment for such costs will be made as provided in Article 32 (Changes and Extra Work). The Contractor shall not be assessed liquidated damages for delay in completion of the Project when such delay is caused by the failure of the City or utility company to provide for removal or relocation of such utility facilities. Requests for extensions of time arising out of utility relocation or repair delays shall be filed in accordance with Article 30.c.

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

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

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

ARTICLE 4. SCHEDULE

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

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

3. Schedule Contents. The schedule shall allow enough time for inclement weather that can reasonably be expected at the Site. The schedule shall indicate the beginning and

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completion dates of all phases of construction; critical path for all critical, sequential time related activities; and “float time” for all “slack” or “gaps” in the non-critical activities. The schedule shall clearly identify all staffing and other resources which in the Contractor’s judgment are needed to complete the Work within the Contract Time. Schedule duration shall match the Contract Time. Schedules indicating early completion will be rejected.

4. Schedule Updates. Contractor shall continuously update its construction schedule to show the actual status of the Work and incorporate changes in the Work. Contractor shall submit an updated and accurate construction schedule to the City whenever requested to do so by City and with each progress payment request. The City may withhold progress payments or other amounts due under the Contract Documents if Contractor fails to submit an updated and accurate construction schedule.

ARTICLE 5. SUBSTITUTIONS

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

2. Unless specifically designated in the Contract Documents, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words “or equal.” Contractor may, unless otherwise stated, offer for substitution any material, process or article which is substantially equal or better in every respect to what is specified in the Contract Documents.

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

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

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

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

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

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

ARTICLE 6. SUBMITTALS

6.1 GENERAL

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

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

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

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

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

6.2 SHOP DRAWINGS

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

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

ARTICLE 7. MATERIALS

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

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

3. Materials shall be furnished in ample quantities and at such times as to ensure uninterrupted progress of the Work and shall be stored properly and protected as required by the Contract Documents. Contractor shall be entirely responsible for damage or loss by weather or other causes to materials or Work until City has accepted the Work.

4. No materials, supplies, or equipment for Work under this Contract shall be purchased subject to any chattel mortgage or under a conditional sale or other agreement by which an interest

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therein or in any part thereof is retained by the seller or supplier. Contractor warrants good title to all material, supplies, and equipment installed or incorporated in the work and agrees upon completion to deliver the Work to the City free from any claims, liens, or encumbrances.

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

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

Contractor shall continuously provide efficient supervision of the Work.

ARTICLE 9. WORKERS

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

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

ARTICLE 10. SUBCONTRACTORS

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

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

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

1. Contractor shall obtain and pay for all other permits and licenses required for the Work, including excavation permit and permits for plumbing, mechanical and electrical work and for operations in or over public streets or right of way under jurisdiction of public agencies other than the City.

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

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

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ARTICLE 12. UTILITY USAGE

1. All temporary utilities, including but not limited to electricity, water, gas, and telephone, used on the Work shall be furnished and paid for by Contractor. Contractor shall Provide necessary temporary distribution systems, including meters, if necessary, from distribution points to points on the Work where the utility is needed. Upon completion of the Work, Contractor shall remove all temporary distribution systems.

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

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

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

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

ARTICLE 14. TRENCHES

14.1 TRENCHES FIVE FEET OR MORE IN DEPTH

1. The Contractor shall submit to the City, in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping or other provisions to be made for worker protection from the hazard of caving ground during the excavation of any trench or trenches five feet or more in depth. If the plan varies from shoring system standards forth in the Construction Safety Orders of the Division of Industrial Safety in Title 8, Subchapter 4, Article 6, California Code of Regulations, the plan shall be prepared by a registered civil or structural engineer. The plan shall not be less effective than the shoring, bracing, sloping, or other provisions of the Construction Safety Orders, as defined in the California Code of Regulations, and all costs therefor shall be included in the Contract Price. Nothing in this section shall be deemed to allow the use of a shoring, bracing, sloping, or other protective system less effective than that required by the Construction Safety Orders. Nothing in this section shall be construed to impose a tort liability on the Owner, any of its officers, officials, partners, employees, agents, consultants or volunteers. The Owner’s review of the Contractor’s excavation plan is only for general conformance to the Construction Safety Orders.

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

14.2 EXCAVATIONS DEEPER THAN FOUR FEET

1. If work under this Contract involves digging trenches or other excavation that extends deeper than four feet below the surface, Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any:Material that the Contractor believes

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may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.
a. Subsurface or latent physical conditions at the site differing from those indicated by information made available to bidders prior to the deadline for submitting bids. b. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract.

2. The City shall promptly investigate the conditions, and if it finds that the conditions do so materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the Work, shall issue a change order under the procedures described in the Contract Documents.

3. In the event that a dispute arises between the City and the Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s cost of, or time required for, performance of any part of the Work, the Contractor shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all Work to be performed under the Contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the parties.

ARTICLE 15. DIVERSION OF RECYCLABLE WASTE MATERIALS
In compliance with the applicable City’s waste reduction and recycling efforts, Contractor shall divert all Recyclable Waste Materials to appropriate recycling centers. Contractor will be required to submit weight tickets and written proof of diversion with its monthly progress payment requests. Contractor shall complete and execute any certification forms required by City or other applicable agencies to document Contractor’s compliance with these diversion requirements. All costs incurred for these waste diversion efforts shall be Contractor’s responsibility.

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

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

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ARTICLE 18. AIR POLLUTION CONTROL
Contractor shall comply with all air pollution control rules, regulations, ordinances and statutes. All containers of paint, thinner, curing compound, solvent or liquid asphalt shall be labeled to indicate that the contents fully comply with the applicable material requirements.

Without limiting the foregoing, Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the Air Quality Management District with jurisdiction over the Project and/or California Air Resources Board (CARB). Contractor shall specifically be aware of the application of these limits and requirements to “portable equipment”, which definition is considered includes any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by the air quality management district, CARB, or any other governmental or regulatory agency for its violations of Applicable Laws as well as those of its subcontractors or others for whom Contractor is responsible under its indemnity obligations provided for in Article 34.

ARTICLE 19. COMPLIANCE WITH STATE STORM WATER PERMIT

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

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

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

4. Storm, surface, nuisance, or other waters may be encountered at various times during construction of the Work. Therefore, Contractor, by submitting a Bid, hereby acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom.

5. Failure to comply with the NPDES Permit is a violation of federal and state law. Contractor hereby agrees to indemnify, defend and hold harmless City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the Permit arising out of or in connection with the Work, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or

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authorized volunteers. City may seek damages from Contractor for delay in completing the Work arising from Contractor’s failure to comply with the NPDES Permit.

ARTICLE 20. CLEANING UP

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

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

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

ARTICLE 22. NOISE

1. The Contractor shall use only such equipment on the Work and in such state of repair so that the emission of sound therefrom is within the noise tolerance level of that equipment as established by CAL-OSHA.

2. The Contractor shall comply with the most restrictive of the following: (1) local sound control and noise level rules, regulations and ordinances and (2) the requirements contained in these Contract Documents, including hours of operation requirements. No internal combustion engine shall be operated on the Work without a muffler of the type recommended by the manufacturer. Should any muffler or other control device sustain damage or be determined to be ineffective or defective, the Contractor shall promptly remove the equipment and shall not return that equipment to the Site until the device is repaired or replaced. Noise and vibration level requirements shall apply to all equipment on the jobsite or related to the Work, including but not limited to, trucks, transit mixers or transit equipment that may or may not be owned by the Contractor.

ARTICLE 23. TESTS AND INSPECTIONS

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

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be secured by Contractor. Costs for City testing and City inspection shall be paid by the City.

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

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

3. Where inspection and testing are to be conducted by an independent laboratory or agency, materials or samples of materials to be inspected or tested shall be selected by such laboratory or agency, or by the City, and not by Contractor. All tests or inspections of materials shall be made in accordance with the commonly recognized standards of national organizations.

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

5. If the manufacture of materials to be inspected or tested will occur in a plant or location outside the geographic limits of City, Contractor shall pay for any excessive or unusual costs associated with such testing or inspection, including but not limited to excessive travel time, standby time and required lodging.

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

ARTICLE 24. PROTECTION OF WORK AND PROPERTY

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

Contractor shall comply with all applicable safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the Site. Contractor shall erect and properly maintain at all times, as required by field conditions and progress of work, all necessary safeguards, signs, barriers, lights, and watchmen for protection of workers and the public, and shall post danger signs warning against hazards created in the course of construction.

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

3. Contractor shall provide such heat, covering, and enclosures as are necessary to protect all Work, materials, equipment, appliances, and tools against damage by weather conditions.

4. Contractor shall take adequate precautions to protect existing sidewalks, curbs, pavements, utilities, and other adjoining property and structures, and to avoid damage thereto, and Contractor shall repair any damage thereto caused by the Work operations. Contractor shall:
a. Enclose the working area with a substantial barricade, and arrange work to cause minimum amount of inconvenience and danger to the public. b. Provide substantial barricades around any shrubs or trees to be preserved.

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c. Deliver materials to the Site over a route designated by the City. d. Provide any and all dust control required and follow the applicable air quality regulations as appropriate. If the Contractor does not comply immediately with a notice from City or a public agency responsible for air quality, the City shall have the authority to provide dust control and deduct the cost from payments to the Contractor.
e. Confine Contractor’s apparatus, the storage of materials, and the operations of its workers to limits required by law, ordinances, permits, or directions of the City.

Contractor shall not unreasonably encumber the Site with its materials. f. Take care to prevent disturbing or covering any survey markers, monuments, or other devices marking property boundaries or corners. If such markers are disturbed by accident, they shall be replaced by a civil engineer or land surveyor acceptable to City, at no cost to the City.
g. Ensure that existing facilities, fences and other structures are all adequately protected and that, upon completion of all Work, all facilities that may have been damaged are restored to a condition acceptable to the City. h. Preserve and protect from injury all buildings, pole lines and all direction, warning and mileage signs that have been placed within the right-of-way. i. At the completion of work each day, leave the Work and the Site in a clean, safe condition.
j. Comply with any stage construction and traffic handling plans. Access to residences and businesses shall be maintained at all times.These precautionary measures will apply continuously and not be limited to normal working hours. Full compensation for the work involved in the protection and preservation of life, safety and property as above specified shall be considered as included in the prices paid for the various contract items of Work, and no additional allowance will be made therefor.

5. Should damage to persons or property occur as a result of the Work, Contractor shall promptly notify City, in writing. Contractor shall be responsible for proper investigation, documentation, including video or photography, to adequately memorialize and make a record of what transpired. The City shall be entitled to inspect and copy any such documentation, video, or photographs.

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

ARTICLE 26. INSPECTOR’S FIELD OFFICE

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

2. A table satisfactory for the study of plans and two chairs shall be provided by Contractor.

Contractor shall provide and pay for adequate electric lights, local telephone service, and adequate heat and air conditioning for the field office until authorized removal.

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

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

The inspector is not authorized to make changes in the Contract Documents or excuse Contractor from performing in accordance with the Contract Documents. The inspector shall not be responsible for the Contractor’s failure to carry out the Work in accordance with the Contract Documents. Contractor shall provide safe and proper facilities for such access.

ARTICLE 28. LABOR

28.1 HOURS OF WORK

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

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

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

28.2 PAYROLL RECORDS

1. Pursuant to Labor Code section 1776, the Contractor and each subcontractor shall maintain weekly certified payroll records showing the name, address, social security number, work classification, straight time and overtime hours paid each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed in connection with the Work. Contractor shall certify under penalty of perjury that records maintained and submitted by Contractor are true and accurate. Contractor shall also require subcontractor(s) to certify weekly payroll records under penalty of perjury.

2. In accordance with Labor Code section 1771.4, the Contractor and each subcontractor shall furnish the certified payroll records directly to the Department of Industrial Relations (“DIR”) on a weekly basis and in the format prescribed by the DIR, which may include electronic submission. Contractor shall comply with all requirements and regulations from the DIR relating to labor compliance monitoring and enforcement.

3. The payroll records described herein shall be certified and submitted by the Contractor at a time designated by the City. The Contractor shall also provide the following:

4. A certified copy of the employee’s payroll records shall be made available for inspection or furnished to such employee or his or her authorized representative on request.

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

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

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

8. In the event of noncompliance with the requirements of this section, the Contractor shall have ten (10) days in which to comply subsequent to receipt of written notice specifying any item or actions necessary to ensure compliance with this section. Should noncompliance still be evident after such ten (10) day period, the Contractor shall, as a penalty to the City, forfeit One Hundred Dollars ($100.00) for each day, or portion thereof, for each worker until strict compliance is effectuated. Upon the request of the DIR, such penalties shall be withheld from contract payments.

28.3 PREVAILING RATES OF WAGES

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

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

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

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

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

28.6 NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY/EMPLOYMENT ELIGIBILITY Pursuant to Labor Code section 1735 and other applicable provisions of law, the Contractor and its subcontractors shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap on this Work. The Contractor will take affirmative action to insure that employees are treated during employment or training without regard to their race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap.

1. Employment Eligibility; Contractor. By executing this Contract, Contractor verifies that it fully complies with all Applicable Law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor. Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Contract, and shall not violate any such law at any time during the term of the Contract. Contractor shall avoid any violation of any such law during the term of this Contract by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method.

Contractor shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Contractor’s compliance with the requirements provided for in this Article 28.

2. Employment Eligibility; Subcontractors, Sub-subcontractors and Consultants. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and consultants performing any part of the Work or of this Contract to make the same verifications and comply with all requirements and restrictions provided for in Article 28.

3. Employment Eligibility; Failure to Comply. Each person executing this Contract on behalf of Contractor verifies that he or she is a duly authorized officer of Contractor and that any of the following shall be grounds for the City to terminate the Contract for cause: (1) failure of Contractor or its subcontractors, subsubcontractors or consultants to meet any of the requirements provided for in Article 28; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Contractor under Article 28.5); or (3) failure to immediately remove from the Work any person found not to be in compliance with such requirements.

28.7 LABOR/EMPLOYMENT SAFETY

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

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

ARTICLE 29. INSURANCE

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

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

29.3 COMMERCIAL GENERAL LIABILITY INSURANCE

1. Contractor shall procure and maintain during the life of this Contract and for such other period as may be required herein, at its sole expense, occurrence form Commercial General Liability insurance coverage, at least as broad as the most current ISO CAL Form 00 01 including but not limited to, premises liability, contractual liability, products/completed operations, personal and advertising injury which may arise from or out of Contractor’s operations, use, and management of the Site, or the performance of its obligations hereunder. The policy shall not contain any exclusion contrary to this Contract including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) crossliability for claims or suits against one insured against another.

Policy limits shall not be less than $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

Defense costs shall be paid in addition to the limits.

2. Such policy shall comply with all the requirements of this Article. The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be

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construed to relieve the Contractor from liability in excess of such coverage, nor shall it limit Contractor’s indemnification obligations to the City, and shall not preclude the City from taking such other actions available to the City under other provisions of the Contract Documents or law.

3. Contractor shall make certain that any and all subcontractors hired by Contractor are insured in accordance with this Contract. If any subcontractor’s coverage does not comply with the foregoing provisions, Contractor shall indemnify and hold the City harmless from any damage, loss, cost, or expense, including attorneys’ fees, incurred by the City as a result thereof.

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

5. All general liability policies shall be written to apply to all bodily injury, including death, property damage, personal injury, owned and non-owned equipment, blanket contractual liability, completed operations liability, explosion, collapse, under-ground excavation, removal of lateral support, and other covered loss, however occasioned, occurring during the policy term, and shall specifically insure the performance by Contractor of that part of the indemnification contained in these General Conditions relating to liability for injury to or death of persons and damage to property. If the coverage contains one or more aggregate limits, a minimum of 50% of any such aggregate limit must remain available at all times; if over 50% of any aggregate limit has been paid or reserved, the City may require additional coverage to be purchased by Contractor to restore the required limits. Contractor may combine primary, umbrella, and as broad as possible excess liability coverage to achieve the total limits indicated above. Any umbrella or excess liability policy shall include the additional insured endorsement described in the Contract Documents

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

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

29.5 BUILDER’S RISK [“ALL RISK”]

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

The Contractor shall provide a certificate evidencing this coverage before commencing performance of the Work.

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

3. Policy shall be provided for replacement value on an “all risk” basis. There shall be no coinsurance penalty provision in any such policy. Policy must include: (1) coverage for any ensuing loss from faulty workmanship, nonconforming work, omission or deficiency in design