Twentynine Palms City Council
April 9, 2024

TWENTYNINE PALMS CITY COUNCIL

REGULAR MEETING AGENDA
6136 Adobe Road
Twentynine Palms, CA 92277
www.29palms.org
Tuesday, April 9, 2024
NOTICE IS HEREBY GIVEN, that the City Council will hold a Regular Meeting on Tuesday, April 9, 2024, at City Hall, 6136 Adobe Road, Twentynine Palms, CA 92277 to consider the following:

REGULAR SESSION AGENDA
5:30 P.M.

CLOSED SESSION AGENDA
5:30 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. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION, Government Code § 54956.9 (d)(1), (1 case), VENTURE & SAND LLC, and JAMES B. GRIDER v. City of Twentynine Palms, San Bernardino Superior Court Case No. CIVSB2333176.

2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION, SIGNIFICANT EXPOSURE TO LITIGATION, Government Code § 54956.9 (d)(2), (1 case).

REGULAR SESSION AGENDA
6:00 p.m.

CALL TO ORDER
Pledge of Allegiance.

Invocation - Rev. Don Thursby - Little Church of the Desert.

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. Proclamation Recognizing April 2024 as Sexual Assault Awareness Month Proclamation Recognizing April 2024 as Sexual Assault Awareness Month - Pdf Proclamation Recognizing April 2024 as Sexual Assault Awareness Month 5 - 7

2. Proclamation Recognizing April 2024 as Child Abuse Prevention Awareness Month Proclamation Recognizing April 2024 as Child Abuse Prevention Awareness Month - Pdf Proclamation Recognizing April 2024 as Child Abuse Prevention Awareness Month 9 - 11

3. Proclamation Recognizing April 2024 as DMV Donate Life Month Proclamation Recognizing April 2024 as DMV Donate Life Month - Pdf Proclamation Recognizing April 2024 as DMV Donate Life Month 13 - 15

4. Environmental and Climate Justice Community Change Grant Presentation by Women Of Color Global (WOCG).

Environmental and Climate Justice Community Change Grant Presentation by Women Of Color Global (WOCG). - Pdf
WOCG PRESENTATION FOR APRIL 9TH
17 - 27

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 Warrant Register Totaling $2,758,089.50
Approval of Warrant Register Totaling $2,758,089.50 - Pdf 29 - 34

7. CEQA Cost Estimate.

RECOMMENDATION: The City Council accept the cost estimate to conduct an Environmental Impact Report.

CEQA Cost Estimate. - Pdf
35 - 40

8. CEQA Consultants List.

RECOMMENDATION: The City Council direct Staff to publish a Request for Qualifications for consultants to be placed on a list maintained by the City Staff, and available to the public.

CEQA Consultants List. - Pdf
41 - 42

9. High Crash Unsignalized Intersections Project.

RECOMMENDATION: The City Council:

1. Adopt the project design represented by the Plans and Specifications for the High Crash Unsignalized Intersections Project.

2. Award the contract for the “High Crash Unsignalized Intersections Project” to DBX Inx, for the amount of $372,635 and authorize a 10% contingency of $37,264, for a total contract amount of $409,899.

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

High Crash Unsignalized Intersections Project. - Pdf
43 - 80

10. Split Rock Avenue Bridge Project.

RECOMMENDATION: The City Council:

1. Adopt the design of the project represented by the attached Plans and Specifications for the Split Rock Avenue Bridge Project.

2. Authorize Staff to advertise a Request for Proposal for a Construction Management firm to provide construction management services.

3. Execute the agreement with the County Flood Control District.

Split Rock Avenue Bridge Project. - Pdf
81 - 373

ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION

PUBLIC HEARING- NONE

DISCUSSION AND POTENTIAL ACTION ITEMS

11. Project Phoenix- Treatment System Improvements Continuation from March 26, 2024 RECOMMENDATION: The City Council continue the discussion on the "Project PhoenixTreatment System Improvements" (Continuation from March 26, 2024, Council Meeting).

Project Phoenix- Treatment System Improvements Continuation from March 26, 2024 - Pdf
375 - 407

FUTURE COUNCIL INITIATED ITEMS

1. Seasonal banners throughout the City.

2. Discussion of moving the 29! sign.

3. General Plan Review.

4. Review of the Fee Waiver Policy.

5. Revisit funds that were allocated for the portable showers and the Navigation Center.

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 have not already done so, please fill out name, 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., April 4, 2024.

Cindy Villescas CMC, City Clerk Time/Date

STAFF REPORT
TO: City Council
FROM: Finance Technician
FOR MEETING: Apr 09 2024
SUBJECT: Proclamation Recognizing April 2024 as Sexual Assault Awareness Month ATTACHMENTS:
• Proclamation Recognizing
April 2024 as Sexual Assault
Awareness Month

CITY OF TWENTYNINE PALMS

PROCLAMATION

SEXUAL ASSAULT AWARENESS MONTH
WHEREAS, in the United States, April is Sexual Assault Awareness Month (SAAM) and the goal of SAAM is to raise public awareness about sexual violence and educate communities on how to prevent it, calling attention to the fact that sexual harassment, assault, and abuse are widespread and impact every person in this community; and
WHEREAS, rape, sexual assault, and sexual harassment harm our community, and statistics show one in four women and one in twenty-five men will be sexually assaulted at some point in their lives; and WHEREAS, child sexual abuse prevention must be a priority to confront the reality that one in four girls and one in six boys will experience sexual assault before the age of 18; and WHEREAS, on campus, one in six women and one in sixteen men are sexually assaulted during their time in college; and
WHEREAS, we recognize all those who work, often as volunteers, on behalf of rape survivors and their families. We acknowledge the many law enforcement officers, prosecutors, counselors, corrections officers, physicians, and health care professionals whose dedication and service help sexual assault victims; and WHEREAS, this year, SAAM is celebrating its 21st Anniversary with the campaign theme being “Build Connected Communities” calling on each of us to work together to prevent sexual abuse, harassment, and assault.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Twentynine Palms, does hereby proclaim April 2024 to be SEXUAL ASSAULT AWARENESS MONTH and recognizes that we the citizens of Twentynine Palms have a stake in preventing sexual assault, and we will commit to ending the outrage of sexual assault by building a culture that will never tolerate sexual violence.

DATED this 9th day of April 2024.
______________________________
Steven Bilderain, Mayor

CITY OF TWENTYNINE PALMS

PROCLAMATION

SEXUAL ASSAULT AWARENESS MONTH
WHEREAS, in the United States, April is Sexual Assault Awareness Month (SAAM) and the goal of SAAM is to raise public awareness about sexual violence and educate communities on how to prevent it, calling attention to the fact that sexual harassment, assault, and abuse are widespread and impact every person in this community; and
WHEREAS, rape, sexual assault, and sexual harassment harm our community, and statistics show one in four women and one in twenty-five men will be sexually assaulted at some point in their lives; and WHEREAS, child sexual abuse prevention must be a priority to confront the reality that one in four girls and one in six boys will experience sexual assault before the age of 18; and WHEREAS, on campus, one in six women and one in sixteen men are sexually assaulted during their time in college; and
WHEREAS, we recognize all those who work, often as volunteers, on behalf of rape survivors and their families. We acknowledge the many law enforcement officers, prosecutors, counselors, corrections officers, physicians, and health care professionals whose dedication and service help sexual assault victims; and WHEREAS, this year, SAAM is celebrating its 21st Anniversary with the campaign theme being “Build Connected Communities” calling on each of us to work together to prevent sexual abuse, harassment, and assault.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Twentynine Palms, does hereby proclaim April 2024 to be SEXUAL ASSAULT AWARENESS MONTH and recognizes that we the citizens of Twentynine Palms have a stake in preventing sexual assault, and we will commit to ending the outrage of sexual assault by building a culture that will never tolerate sexual violence.

DATED this 9th day of April 2024.
______________________________
Steven Bilderain, Mayor

STAFF REPORT
TO: City Council
FROM: Finance Technician
FOR MEETING: Apr 09 2024
SUBJECT: Proclamation Recognizing April 2024 as Child Abuse Prevention Awareness Month ATTACHMENTS:
• Proclamation Recognizing
April 2024 as Child Abuse
Prevention Awareness Month

CITY OF TWENTYNINE PALMS

PROCLAMATION

CHILD ABUSE PREVENTION AWARENESS MONTH
WHEREAS, the tragedy of child abuse and neglect affects every community in California and touches the lives of far too many citizens regardless of cultural, ethnic, religious or socioeconomic level; and WHEREAS, the threat to our children’s welfare is demonstrated by steady increases in the number and in the seriousness of reported cases of child abuse and neglect; and WHEREAS, if our children are to be productive adults, they should have the right to a childhood free from neglect, physical abuse, sexual molestation and exploitation; and WHEREAS, it is recognized that primary prevention programs designed to work with children themselves, their parents, and care givers within the community are successful in preventing first time abuse situations; and
WHEREAS, early identification and intervention are essential to successfully interrupting the generational cycle of abuse and neglect. Collaboration among professionals, concerned parents, volunteers and policy makers can help reduce the level of child abuse and neglect in our communities; and WHEREAS, dedicated volunteers and professionals are working to decrease the incidence of child abuse through prevention programs and coordination among agencies delivering services to child abuse victims and their families; and
WHEREAS, the observance of Child Abuse Prevention Month provides an excellent opportunity for all citizens to reflect on this tragic crime, while rededicating themselves to taking an active role in the child abuse prevention activities in their communities.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Twentynine Palms, do hereby proclaim April 2024 as CHILD ABUSE PREVENTION AWARENESS MONTH in the City of Twentynine Palms and encourages all residents to join with local community efforts in making sure that every child has the right to grow up in a stable, loving environment free from abuse and neglect.

DATED this 9th day of April 2024.
______________________________
Steven Bilderain, Mayor

CITY OF TWENTYNINE PALMS

PROCLAMATION

CHILD ABUSE PREVENTION AWARENESS MONTH
WHEREAS, the tragedy of child abuse and neglect affects every community in California and touches the lives of far too many citizens regardless of cultural, ethnic, religious or socioeconomic level; and WHEREAS, the threat to our children’s welfare is demonstrated by steady increases in the number and in the seriousness of reported cases of child abuse and neglect; and WHEREAS, if our children are to be productive adults, they should have the right to a childhood free from neglect, physical abuse, sexual molestation and exploitation; and WHEREAS, it is recognized that primary prevention programs designed to work with children themselves, their parents, and care givers within the community are successful in preventing first time abuse situations; and
WHEREAS, early identification and intervention are essential to successfully interrupting the generational cycle of abuse and neglect. Collaboration among professionals, concerned parents, volunteers and policy makers can help reduce the level of child abuse and neglect in our communities; and WHEREAS, dedicated volunteers and professionals are working to decrease the incidence of child abuse through prevention programs and coordination among agencies delivering services to child abuse victims and their families; and
WHEREAS, the observance of Child Abuse Prevention Month provides an excellent opportunity for all citizens to reflect on this tragic crime, while rededicating themselves to taking an active role in the child abuse prevention activities in their communities.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Twentynine Palms, do hereby proclaim April 2024 as CHILD ABUSE PREVENTION AWARENESS MONTH in the City of Twentynine Palms and encourages all residents to join with local community efforts in making sure that every child has the right to grow up in a stable, loving environment free from abuse and neglect.

DATED this 9th day of April 2024.
______________________________
Steven Bilderain, Mayor

STAFF REPORT
TO: City Council
FROM: Finance Technician
FOR MEETING: Apr 09 2024
SUBJECT: Proclamation Recognizing April 2024 as DMV Donate Life Month ATTACHMENTS:
• Proclamation Recognizing
April 2024 as DMV Donate Life
Month

CITY OF TWENTYNINE PALMS

PROCLAMATION

DMV/DONATE LIFE MONTH
WHEREAS, organ, eye, tissue, marrow, and blood donation are life-giving acts recognized worldwide as expressions of compassion to those in need; and
WHEREAS, more than 108,000 individuals nationwide and more than 21,000 in California are currently on the national organ transplant list, and on average, 17 people die each day while waiting; and WHEREAS, the need for donated organs is epically urgent in Hispanic, Latino and African American communities; and
WHEREAS, a single individual’s donation of the heart, lungs, liver, kidneys, pancreas, and small intestine can save up to eight lives; and
WHEREAS, donation of tissue can save and heal the lives of more than 75 others; and WHEREAS, deceased organ donors saved more than 39,000 lives last year; and WHEREAS, any person can register to be an organ, eye and tissue donor regardless of age or medical conditions; and
WHEREAS, over seventeen million Californians have signed up with the state-authorized Donate Life California Donor Registry to ensure their wishes to be organ, eye, and tissue donors are honored; and WHEREAS, California residents can sign up to be an organ, eye, and tissue donor when applying for or renewing their driver’s licenses or ID cards at the California Department of Motor Vehicles; and WHEREAS, California residents can sign up with the Donate Life California Donor Registry online at any time by visiting www.donateLIFEcalifornia.org or, for Spanish speakers, www.doneVIDAcalifornia.org; and WHEREAS, California residents interested in saving a life through living kidney donation may visit www.LivingDonationCalifornia.org;
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Twentynine Palms, does hereby proclaim April 2024 to be DMV/DONATE LIFE MONTH and encourages all residents to check “YES!” online, or when applying for or renewing their driver’s license or ID card at the DMV.

DATED this 9th day of April 2024.
______________________________
Steven Bilderain, Mayor

CITY OF TWENTYNINE PALMS

PROCLAMATION

DMV/DONATE LIFE MONTH
WHEREAS, organ, eye, tissue, marrow, and blood donation are life-giving acts recognized worldwide as expressions of compassion to those in need; and
WHEREAS, more than 108,000 individuals nationwide and more than 21,000 in California are currently on the national organ transplant list, and on average, 17 people die each day while waiting; and WHEREAS, the need for donated organs is epically urgent in Hispanic, Latino and African American communities; and
WHEREAS, a single individual’s donation of the heart, lungs, liver, kidneys, pancreas, and small intestine can save up to eight lives; and
WHEREAS, donation of tissue can save and heal the lives of more than 75 others; and WHEREAS, deceased organ donors saved more than 39,000 lives last year; and WHEREAS, any person can register to be an organ, eye and tissue donor regardless of age or medical conditions; and
WHEREAS, over seventeen million Californians have signed up with the state-authorized Donate Life California Donor Registry to ensure their wishes to be organ, eye, and tissue donors are honored; and WHEREAS, California residents can sign up to be an organ, eye, and tissue donor when applying for or renewing their driver’s licenses or ID cards at the California Department of Motor Vehicles; and WHEREAS, California residents can sign up with the Donate Life California Donor Registry online at any time by visiting www.donateLIFEcalifornia.org or, for Spanish speakers, www.doneVIDAcalifornia.org; and WHEREAS, California residents interested in saving a life through living kidney donation may visit www.LivingDonationCalifornia.org;
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Twentynine Palms, does hereby proclaim April 2024 to be DMV/DONATE LIFE MONTH and encourages all residents to check “YES!” online, or when applying for or renewing their driver’s license or ID card at the DMV.

DATED this 9th day of April 2024.
______________________________
Steven Bilderain, Mayor

STAFF REPORT
TO: City Council
FROM: Finance Technician
FOR MEETING: Apr 09 2024
SUBJECT: Environmental and Climate Justice Community Change Grant Presentation by Women Of Color Global (WOCG).

ATTACHMENTS:
• WOCG PRESENTATION FOR
APRIL 9TH

THE ENVIRONMENTAL

AND COMMUNITY JUSTICE

COMMUNITY GRANT

CLIMATE ACTION
u CLIMATE EMERGENCY RESILIENCE:
u 2 MOBILE EMERGENCY RESILIENCY VANS
u CENTER FOR CLIMATE RESILIENCY
u SOLAR POWERED VEHICLES & BUILDINGS
u COMMUNITY GARDEN TO USE COMPOST
u MOBILE FOOD PANTRY
u WORKFORCE DEVELOPMENT
u JOSHUA TREE NATIONAL PARK EDUCATION WALKS

POLLUTION REDUCTION
u REDUCE OUTSIDE AIR EMMISSIONS (MOBILE FOOD PANTRY, GARDEN) u INCREASE COMMUNITY HEALTH (HEALTHY LIVING CLASSES, TRIPS TO JTNP) u DISPOSAL OF SOLID WASTE (COMPOST TO THE GARDEN)

COMMUNITY ENGAGEMENT
u CONSISTENT SOCIAL MEDIA & MEDIA ANNOUNCEMENTS-BEFORE AND DURING u FLYERS TO AREA CHURCHES AND SOCIAL GROUPS, INVITING INPUTS u COMMUNITY GARDEN
u BIWEEKLY HEALTHY LIVING CLASSES
u MONTHLY TRIPS TO JTNP FOR NATURE EDUCATION WALKS

COLLABORATIVE GOVERNMENT
u WOCG WILL BE THE LEADER IN SEEKING VOLUNTEERS THROUGHOUT THE

PROJECT FOR COLABORATION
u WOCG WILL STAFF THE EMERGENCY VAN & CENTER EDUCATION PLATFORM AND

THE COMMUNITY GARDEN
u WOCG WILL OWN AND MAINTAIN THE EMERGENCY VAN
u THE CITY OF 29 WILL FACILITATE THE USE OF THE PROPERTY FOR THE CENTER

AND COMMUNITY GARDEN
u THE CITY OF 29 WILL ALLOW THE DIVERSION OF A % OF COMPOST TO THE GARDEN
u THE CITY OF 29 WILL ALLOW FOR THE EDUCATION OUTREACH AT THE CENTER

u A WORKING GROUP WILL BE ESTABLISHED FOR THE PROJECT DURATION

THE ENVIRONMENTAL

AND COMMUNITY JUSTICE

COMMUNITY GRANT

CLIMATE ACTION
u CLIMATE EMERGENCY RESILIENCE:
u 2 MOBILE EMERGENCY RESILIENCY VANS
u CENTER FOR CLIMATE RESILIENCY
u SOLAR POWERED VEHICLES & BUILDINGS
u COMMUNITY GARDEN TO USE COMPOST
u MOBILE FOOD PANTRY
u WORKFORCE DEVELOPMENT
u JOSHUA TREE NATIONAL PARK EDUCATION WALKS

POLLUTION REDUCTION
u REDUCE OUTSIDE AIR EMMISSIONS (MOBILE FOOD PANTRY, GARDEN) u INCREASE COMMUNITY HEALTH (HEALTHY LIVING CLASSES, TRIPS TO JTNP) u DISPOSAL OF SOLID WASTE (COMPOST TO THE GARDEN)

COMMUNITY ENGAGEMENT
u CONSISTENT SOCIAL MEDIA & MEDIA ANNOUNCEMENTS-BEFORE AND DURING u FLYERS TO AREA CHURCHES AND SOCIAL GROUPS, INVITING INPUTS u COMMUNITY GARDEN
u BIWEEKLY HEALTHY LIVING CLASSES
u MONTHLY TRIPS TO JTNP FOR NATURE EDUCATION WALKS

COLLABORATIVE GOVERNMENT
u WOCG WILL BE THE LEADER IN SEEKING VOLUNTEERS THROUGHOUT THE

PROJECT FOR COLABORATION
u WOCG WILL STAFF THE EMERGENCY VAN & CENTER EDUCATION PLATFORM AND

THE COMMUNITY GARDEN
u WOCG WILL OWN AND MAINTAIN THE EMERGENCY VAN
u THE CITY OF 29 WILL FACILITATE THE USE OF THE PROPERTY FOR THE CENTER

AND COMMUNITY GARDEN
u THE CITY OF 29 WILL ALLOW THE DIVERSION OF A % OF COMPOST TO THE GARDEN
u THE CITY OF 29 WILL ALLOW FOR THE EDUCATION OUTREACH AT THE CENTER

u A WORKING GROUP WILL BE ESTABLISHED FOR THE PROJECT DURATION

STAFF REPORT
TO: City Council
FROM: Finance Technician
FOR MEETING: Apr 09 2024
SUBJECT: Approval of Warrant Register Totaling $2,758,089.50 ATTACHMENTS:
• Approval of Warrant Register
Totaling $2,758,089.50

Check Date
Warrant Register
PPBI Gen Chkng

CITY OF TWENTYNINE PALMS
Vendor
WARRANT DATE: 04-09-24
Check / Payment
0018119 3/06/2024 [3581] ADVANCED IMAGING SOLUTIONS 198.62 0018120 3/06/2024 [2680] AIS 75.27
0018121 3/06/2024 [2996] AMERIGAS 102.77
0018122 3/06/2024 [1021] BASIN WIDE FOUNDATION 20.00
0018123 3/06/2024 [3793] BENJAMIN ALLANOFF 3,000.00
0018124 3/06/2024 [3709] CA STATE DISBURSEMENT UNIT 85.00 0018125 3/06/2024 [1053] CINTAS CORPORATION (8315) 926.11 0018126 3/06/2024 [2785] COPY CENTER PLUS INC. (8893) 358.52 0018127 3/06/2024 [1081] STEPHEN F DAVIS 400.00
0018128 3/06/2024 [1087] DESERT HARDWARE (0301) 940.31
0018129 3/06/2024 [1106] FRONTIER 56.08
0018130 3/06/2024 [1106] FRONTIER 6.58
0018131 3/06/2024 [3732] FUSE CONNECT, LLC. 2,000.00
0018132 3/06/2024 [3660] KIMBERLY K. JOHNSON 1,415.00
0018133 3/06/2024 [3787] LATIMER ENTERPRISE LLC 3,000.00 0018134 3/06/2024 [3786] LEVIN HOLLOWAY 100.00
0018135 3/06/2024 [0551] CURTIS MCCOY 59.22
0018136 3/06/2024 [3795] MICHAEL W. PROUD 2,550.00
0018137 3/06/2024 [1165] MORONGO BASIN CULTURAL ARTS COUNCIL 2,000.00 0018138 3/06/2024 [1228] NCSI 407.00
0018139 3/06/2024 [3680] NOAH BARBER 60.00
0018140 3/06/2024 [0001] ONE TIME VENDOR - JG ENTERPRISES LLC 20.00 0018141 3/06/2024 [0001] ONE TIME VENDOR - KEVAN TUCKER 42.49 0018142 3/06/2024 [0001] ONE TIME VENDOR - SEAN REGAN 224.05 0018143 3/06/2024 [0001] ONE TIME VENDOR - MICAYLA NESTOR 375.70 0018144 3/06/2024 [2582] OREILLY 317.23
0018145 3/06/2024 [1190] PARKER COUNTY APPRAISAL DISTRICT 63.10 0018146 3/06/2024 [2231] PAYCHEX INC 1,111.55
0018147 3/06/2024 [1212] RUTAN AND TUCKER 15,641.88
0018148 3/06/2024 [2268] SAN BERNARDINO COUNTY-RADIO 107.16 0018149 3/06/2024 [1230] SCE 9,707.41
0018150 3/06/2024 [3700] SIMPLEVIEW 1,949.92
0018151 3/06/2024 [3596] RICARDO SORIANO 150.00
0018152 3/06/2024 [1249] SPECTRUM 119.98
0018153 3/06/2024 [0239] CRAIG STACEY 133.53
0018154 3/06/2024 [1243] THE GAS COMPANY 5,790.29
0018155 3/06/2024 [1259] TWENTYNINE PALMS WATER DISTRICT 4,912.75 0018156 3/06/2024 [1269] VALIC C/O JP MORGAN CHASE 1,971.66 0018157 3/06/2024 [1271] VCA 29 PALMS ANIMAL HOSPITAL (0319) 36.00 0018158 3/06/2024 [1271] VCA 29 PALMS ANIMAL HOSPITAL (0319) 87.25 0018159 3/06/2024 [0171] CYNTHIA VILLESCAS 46.87
0018160 3/13/2024 [1005] AFLAC 648.86
0018161 3/13/2024 [1008] ANIMAL ACTION LEAGUE INC 1,497.00 Run: 4/02/2024 at 5:28 PM Page: 1

0018162 3/13/2024 [1014] ARROWHEAD CREDIT UNION 13,156.14 0018163 3/13/2024 [1017] AUTOZONE (0842) 363.41
0018164 3/13/2024 [3799] BLANCA STACEY VILLALOBOS 50.00 0018165 3/13/2024 [1027] BLUE DIAMOND MATERIALS 575,574.18 0018166 3/13/2024 [1037] BURRTEC WASTE & RECYCLING (2692) 43,973.88 0018167 3/13/2024 [3598] CANON SOLUTIONS AMERICA 78.07
0018168 3/13/2024 [3735] CAROLINE PARTAMIAN 5,519.74
0018169 3/13/2024 [3747] CAROLYN P RIGGS 2,300.00
0018170 3/13/2024 [1053] CINTAS CORPORATION (8315) 293.18 0018171 3/13/2024 [3797] COREY EDWIN MCDANIEL 60.00
0018172 3/13/2024 [1079] DATA TICKET INC 476.85
0018173 3/13/2024 [1307] DESERT FIRE EXTINGUISHER CO INC (0133) 359.74 0018174 3/13/2024 [3759] EMMA CAMILA MAGRANE 60.00
0018175 3/13/2024 [1106] FRONTIER 116.78
0018176 3/13/2024 [1106] FRONTIER 330.79
0018177[VOID] 3/13/2024 [3748] JAIME SCHMIDT 2,300.00
0018178 3/13/2024 [3253] JOHN MAHANY PLUMBING INC (9127) 195.00 0018179 3/13/2024 [3757] KATE LEE SHORT 22.20
0018180 3/13/2024 [3800] KATHERINE ROBERTS 400.00
0018181 3/13/2024 [1162] MOJAVE DESERT & MOUNTAIN 5,327.00 0018182 3/13/2024 [1167] MORONGO UNIFIED SCHOOL DISTRICT 4,642.60 0018183 3/13/2024 [1228] NCSI 37.00
0018184 3/13/2024 [0001] ONE TIME VENDOR - MADISON GROSS 9.78 0018185 3/13/2024 [0001] ONE TIME VENDOR - JENNIFER PREDIGER & PAUL 345.10 0018186 3/13/2024 [0001] ONE TIME VENDOR - COPPERMOUNTAINRETREAT 345.10 0018187 3/13/2024 [1036] PARKER'S BUILDING SUPPLY 29 PALMS (8036) 210.88 0018188 3/13/2024 [3756] PETER O'LEARY 2,597.00
0018189 3/13/2024 [1193] PETTY CASH/REC 17.18
0018190 3/13/2024 [3796] QUALITE SPORTS LIGHTING, LLC 389,164.00 0018191 3/13/2024 [2499] RACKSPACE US, INC 1,125.36
0018192 3/13/2024 [1213] SAN BERNARDINO CO SHERIFFS DEPT 443,627.00 0018193 3/13/2024 [1215] SAN BERNARDINO COUNTY LICENSE DEPT 19.00 0018194 3/13/2024 [2396] SAN BERNARDINO COUNTY-CSA 1,148.79 0018195 3/13/2024 [1230] SCE 11,410.54
0018196 3/13/2024 [3769] SHAWNA N KENNEY 270.00
0018197 3/13/2024 [1224] SKY'S THE LIMIT OBSERVATORY & NATURE CENTER 5,000.00 0018198 3/13/2024 [1249] SPECTRUM 153.39
0018199 3/13/2024 [3734] STACEY LYNN SOLIE 570.14
0018200 3/13/2024 [3783] TALA'AVE MOOSO'I TUIVAITI 165.00 0018201 3/13/2024 [3641] THE SUNSET COCKTAIL RESTAURANT INC 31,175.08 0018202 3/13/2024 [2201] TRANSUNION RISK AND ALTERNATIVE 75.00 0018203 3/13/2024 [1259] TWENTYNINE PALMS WATER DISTRICT 35.32 0018204 3/13/2024 [1133] VISUAL EDGE IT, INC 236.44
0018205 3/13/2024 [1277] WATERLINE TECHNOLOGIES INC 2,451.41 0018206 3/13/2024 [1287] XEROX FINANCIAL SVC 188.71
0018207 3/20/2024 [3604] ASSUREHIRE, INC 114.55
0018208 3/20/2024 [1018] AVALON URGENT CARE INC 400.00
0018209 3/20/2024 [1052] CHARLES ABBOTT ASSOCIATES INC 61,285.20 0018210 3/20/2024 [1070] CNTY SAN BERDO CLERK BRD SUPERVISORS 50.00 0018211 3/20/2024 [1070] CNTY SAN BERDO CLERK BRD SUPERVISORS 50.00 0018212 3/20/2024 [1836] COLDWELL BANKER ROADRUNNER REALTY/JOSHUA 250.00 Run: 4/02/2024 at 5:28 PM Page: 2

0018213 3/20/2024 [1102] FORENSIC DTS INC 387.85
0018214 3/20/2024 [1106] FRONTIER 45.33
0018215 3/20/2024 [2945] GLADWELL GOVERNMENTAL 300.00
0018216 3/20/2024 [1122] GOLD MOUNTAIN CA NEWS MEDIA 1,457.75 0018217 3/20/2024 [1122] GOLD MOUNTAIN CA NEWS MEDIA 190.00 0018218 3/20/2024 [2985] GOLDSTAR ASPHALT PRODUCTS 14,007.50 0018219 3/20/2024 [1125] HDL COMPANIES 1,331.71
0018220 3/20/2024 [2164] INNOVATIVE FEDERAL STRATEGIES LLC 3,800.00 0018221 3/20/2024 [3748] JAIME SCHMIDT 2,300.00
0018222 3/20/2024 [3803] JOHN E BOUZANE 1,195.00
0018223 3/20/2024 [3801] KARYL NEWMAN 11,250.00
0018224 3/20/2024 [1150] MARK SPEER AUTOMOTIVE (2109) 69.80 0018225 3/20/2024 [1155] SYLVIA MATTHEWS 6,825.00
0018226 3/20/2024 [1167] MORONGO UNIFIED SCHOOL DISTRICT 3,626.10 0018227 3/20/2024 [1167] MORONGO UNIFIED SCHOOL DISTRICT 754.25 0018228 3/20/2024 [3608] MPLC 247.64
0018229 3/20/2024 [1177] NEWCO DISTRIBUTORS INCORPORATED 3,143.71 0018230 3/20/2024 [3583] NEXTECH SYSTEMS INC 70,489.36
0018231 3/20/2024 [3679] NOBEL SYSTEMS, INC. 5,000.00
0018232 3/20/2024 [1182] NV5 INC (8793) 323.75
0018233 3/20/2024 [1184] OFFICE DEPOT CREDIT PLAN 360.72 0018234 3/20/2024 [0001] ONE TIME VENDOR - EMMANUEL DADZIE 15.00 0018235 3/20/2024 [0001] ONE TIME VENDOR - AHA PROJECT 5,985.00 0018236 3/20/2024 [0001] ONE TIME VENDOR - KERI PRYOR 225.00 0018237 3/20/2024 [0001] ONE TIME VENDOR - KERI PRYOR 225.00 0018238 3/20/2024 [0001] ONE TIME VENDOR - BRASS KNUCKLES MOBILE 106.87 0018239 3/20/2024 [0001] ONE TIME VENDOR - AMERISUN ROOFING 272.97 0018240 3/20/2024 [1196] PITNEY BOWES 76.77
0018241 3/20/2024 [2355] RELIANCE STANDARD LIFE INSURANCE CO. 2,172.36 0018242 3/20/2024 [1209] ROGERS ANDERSON MALADY AND SCOTT (2807) 13,350.00 0018243 3/20/2024 [1213] SAN BERNARDINO CO SHERIFFS DEPT 467,312.69 0018244 3/20/2024 [2396] SAN BERNARDINO COUNTY-CSA 3,606.66 0018245 3/20/2024 [1230] SCE 374.45
0018246 3/20/2024 [3802] SNAKES & STARS, INC. 10,552.00 0018247 3/20/2024 [1249] SPECTRUM 12.59
0018248 3/20/2024 [1249] SPECTRUM 333.14
0018249 3/20/2024 [1249] SPECTRUM 608.64
0018250 3/20/2024 [1249] SPECTRUM 129.99
0018251 3/20/2024 [1249] SPECTRUM 159.98
0018252 3/20/2024 [1178] T-MOBILE 89.22
0018253 3/20/2024 [2484] TERRA NOVA PLANNING & RESEARCH INC. (9096) 21,632.45 0018254 3/20/2024 [1259] TWENTYNINE PALMS WATER DISTRICT 12,368.75 0018255 3/20/2024 [1269] VALIC C/O JP MORGAN CHASE 1,971.66 0018256 3/20/2024 [1270] VALLEY INDEPENDENT PRINTING 47.63 0018257 3/20/2024 [2528] WELLS FARGO VENDOR FIN SERV 121.71 0018258 3/20/2024 [3718] WOMEN OF COLOR GLOBAL 3,000.00 0018259 3/20/2024 [1744] YUNEX LLC 735.00
0018260 3/27/2024 [3581] ADVANCED IMAGING SOLUTIONS 426.40 0018261 3/27/2024 [2680] AIS 133.83
0018262 3/27/2024 [3121] AMERICAN EXPRESS 1,908.83
0018263 3/27/2024 [1010] ANIMAL HEALTH AND SANITARY SUPPLY 512.68 Run: 4/02/2024 at 5:28 PM Page: 3

0018264 3/27/2024 [0143] RICHARD CLIFFORD BOYD 43.48
0018265 3/27/2024 [1062] COMPANION ANIMAL CLINIC 300.00 0018266 3/27/2024 [1072] COURTMASTER SPORTS INC 65,000.00 0018267 3/27/2024 [1089] DESERT REGIONAL TOURISM AGENCY 1,500.00 0018268 3/27/2024 [1104] CHRIS (8507) FRASHER 280.15
0018269 3/27/2024 [1106] FRONTIER 136.49
0018270 3/27/2024 [1106] FRONTIER 70.25
0018271 3/27/2024 [1107] FULTON DISTRIBUTING 409.28
0018272 3/27/2024 [3773] HO JUN AN 8,528.50
0018273 3/27/2024 [1134] INTERVET INC 807.32
0018274 3/27/2024 [2183] JOE A GONSALVES & SON 3,000.00 0018275 3/27/2024 [1144] JAMES W (2985) KYLE 1,520.00
0018276 3/27/2024 [3588] METLIFE SMALL BUSINESS CENTER 4,489.76 0018277 3/27/2024 [2367] MIDAMERICA 516.00
0018278 3/27/2024 [1175] AARON NEVEU 1,580.00
0018279 3/27/2024 [0001] ONE TIME VENDOR - MORELIA GAMINO 20.00 0018280 3/27/2024 [1192] PETTY CASH/CH 10.40
0018281 3/27/2024 [1216] SAN BERNARDINO CO FIRE DEPARTMENT 10.00 0018282 3/27/2024 [1230] SCE 1,070.11
0018283 3/27/2024 [3056] SOAP SUDS CLEANING SERVICE (9049) 2,627.00 0018284 3/27/2024 [1231] SPARKLETTS 738.24
0018285 3/27/2024 [1249] SPECTRUM 37.95
0018286 3/27/2024 [1249] SPECTRUM 149.98
0018287 3/27/2024 [1249] SPECTRUM 119.99
0018288 3/27/2024 [1249] SPECTRUM 1,179.00
0018289 3/27/2024 [1249] SPECTRUM 189.99
0018290 3/27/2024 [3734] STACEY LYNN SOLIE 1,785.00
0018291 3/27/2024 [1246] THE VAN DYKE CORP (0750) 455.00 0018292 3/27/2024 [0533] KLALYN TSCHOEPE 105.46
0018293 3/27/2024 [1271] VCA 29 PALMS ANIMAL HOSPITAL (0319) 446.00 0018294 3/27/2024 [1272] VCA YUCCA VALLEY 81.25
0018295 3/27/2024 [1273] VERIZON WIRELESS 672.70
0018296 3/27/2024 [1274] VSP 676.99
0018297 3/27/2024 [1284] WONDER ELECTRIC COMPANY (0052) 164.00 457DC030324 3/07/2024 [1044] CALPERS 1,182.29
457DC031724 3/21/2024 [1044] CALPERS 1,182.29
AAP031324 3/13/2024 [3201] PACIFIC PREMIER BANK (9099) 2,261.78 EFT 3/08/2024 90,937.48
EFT 3/22/2024 91,796.10
EFT 3/22/2024 1,023.14
GA030324 3/07/2024 [1055] PAYROLL 540.91
GA031724 3/21/2024 [1055] PAYROLL 540.91
HP030624 3/07/2024 [1044] CALPERS 30,789.85
INV28538389 3/15/2024 [2231] PAYCHEX INC 112.50
INV4861723 3/20/2024 [2231] PAYCHEX INC 309.40
NWDC030324 3/07/2024 [1173] NATIONWIDE RETIREMENT SOLUTIONS 1,739.49 NWDC031724 3/21/2024 [1173] NATIONWIDE RETIREMENT SOLUTIONS 1,739.49 NWODC030324 3/07/2024 [1172] NATIONWIDE RETIREMENT SOLUTIONS OB 501.75 NWODC031724 3/21/2024 [1172] NATIONWIDE RETIREMENT SOLUTIONS OB 467.22 PRTX030824 3/07/2024 [1055] PAYROLL 20,635.77
PRTX032224 3/21/2024 [1055] PAYROLL 19,514.71
Run: 4/02/2024 at 5:28 PM Page: 4

RCPPE030324 3/07/2024 [1044] CALPERS 259.05
RCPPE030324 3/07/2024 [1044] CALPERS 19,985.09
RCPPE031724 3/21/2024 [1044] CALPERS 19,985.09
RCPPE031724 3/21/2024 [1044] CALPERS 430.41
WIRE031824 3/18/2024 [2367] MIDAMERICA 7,020.06
Approved by: Date:

Total Checks: 2,758,089.50
Run: 4/02/2024 at 5:28 PM Page: 5

STAFF REPORT
TO: City Council
FROM: Community Development Director
FOR MEETING: Apr 09 2024
SUBJECT: CEQA Cost Estimate.

RECOMMENDATION:

The City Council accept the cost estimate to conduct an Environmental Impact Report.

ORDER OF PROCEDURE:

Request Staff Report (Community Development Director
Presenting)
Commission Question of Staff
Request Public Comment
Council Discussion
Motion/Second
Discussion of Motion
Call the Question
ATTACHMENTS:
• 29 P Solar Array EIR Proposal
Ltr. 9.27.23
BACKGROUND:

Terra Nova has estimated the cost of conducting an Environmental Impact Report for the E-Group solar project.

This cost has been accepted by the applicant, as well as the Community Development Director and the former City Manager. All work conducted by Terra Nova is under the City's purview, and is being reimbursed by the applicant.

ENVIRONMENTAL:

None.

ALTERNATIVES:

The City Council could reject the cost estimate and ask for a new one.

FISCAL IMPACT:

None. All costs associated with this CEQA work will be reimbursed by the applicant.

TERRA NOVA PLANNING & RESEARCH, INC.
42635 MELANIE PLACE, SUITE 101, PALM DESERT, CA 92211 (760) 341-4800 September 28, 2023
Mr. Keith Gardner
Community Development Director
City of Twentynine Palms
6136 Adobe Road
Twentynine Palms, CA 92277
RE: Proposal to Prepare an EIR, Solar Array Project
Dear Keith:

I am following up on our recent conversations regarding this project and the expectation that an Environmental Impact Report (EIR) will be required by the City to fulfill the requirements of the California Environmental Quality Act (CEQA). We have prepared the following proposal for your review.

Understanding of Project and Scope of Work
The City has received an application for the development of a commercial solar array to be located on 185± acres located north of Two Mile Road and west of Noels Knowll Road in the northwestern part of the City. Offsite improvements are also proposed, and appear to include the extension of Easy Street from Two Mile Road to the site, the extension of conduit and powerlines from the property to the Carodean Substation, and potentially improvements at the Substation.

The City has determined that the following applications will be required:

1. General Plan text and map amendment to allow a new land use designation which allows commercial solar development.

2. Development Code text (new development standards) and map amendment to allow solar uses on the property.

3. Conditional Use Permit for the use itself.

4. Development Agreement, if needed, is defined as a project under CEQA.

The applicant is preparing and will submit the following technical reports:

1. Glare Analysis

2. General Biological Resources Report

3. Desert Tortoise Survey

4. Burrowing Owl Survey/Translocation Plan

Mr. Keith Gardner
September 28, 2023

5. Joshua Tree Survey

6. Cultural Resources Report

7. Hydrology Study and Water Quality Management Plan
Terra Nova will prepare an air quality and greenhouse gas emissions report. It is not anticipated at this time that either traffic or noise impact analyses will be required.

For purposes of this proposal, we have made the following assumptions:

1. The City has provided us with the full application package, including grading plan, site plan, etc., and will furnish updates as they become available.

2. Terra Nova will peer review the applicant’s technical reports and provide comments/corrections as necessary.

3. The City will undertake SB 19 and AB 52 Tribal Consultation and provide the results of that consultation for incorporation into the EIR.

4. Terra Nova will provide administrative support to the City, and transmit the NOP, EIR, and other documents as needed throughout the process.

On the basis of the assumptions above, we propose the following scope of work.

A. Project Initiation and Team Meetings: Terra Nova will continue to attend the regularly scheduled team meetings through the EIR preparation process. For purposes of this proposal, we have assumed up to 18 Zoom team meetings for a period of 9 months.

B. Project Description: Based upon planning and design documents prepared by the applicant, Terra Nova will develop a comprehensive project description in consultation and coordination with City.

C. Mapping: Prepare appropriate base maps to establish a common mapping reference for all environmental analysis. The source of mapping will include plans secured from the City, General Plan and Zoning Maps, USGS quad maps, aerial photos and other appropriate base mapping. In addition, incorporate design team graphics into the EIR where necessary to illustrate the project and its impacts.

D. Notice of Preparation: Terra Nova will prepare a draft CEQA-compliant Initial Study/Notice of Preparation based on the project description and available technical data. The Initial Study will be conducted on a categorical basis to assure that all areas requiring detailed analysis have been identified, and those areas where no impact will occur are addressed so that they do not require analysis in the EIR. The Initial Study will be reviewed by the City and edited as necessary. A Notice of Preparation (NOP) and Notice of Completion (NOC) will also be prepared and provided to the City for approval. Comments on the NOP will be addressed in the Draft EIR.

E. Air Quality & GHG Analysis: Terra Nova will prepare a comprehensive air quality analysis for construction and operational moving and stationary emissions, as well as fugitive dust (PM10) emissions associated with grubbing and site grading, truck and other construction vehicle trips. Emissions associated with post-construction

Mr. Keith Gardner
September 28, 2023

operations will also be analyzed in conformance with the MDAQMD Environmental Handbook and local Air Quality Guidelines. Project potential for greenhouse gas (GHG) emissions will also be analyzed and mitigation measures developed, as appropriate. The analysis will be conducted for each of three (3) project alternatives.

F. EIR Research and Documentation: Research, document and map environmental resources and hazards for integration into the EIR, as appropriate. Each analysis category will be briefly addressed in the Environmental Setting discussion, and issues requiring further analysis will be fully analyzed in the impacts and mitigation section of the EIR. Mitigation measures will be included on a categorical basis, as will cumulative impacts. The goal is to provide comprehensive analysis and mitigation, which utilizes the most up-to-date data and information available in a manner compliant with CEQA, and as much detail as possible.

G. Project Alternatives: In addition to the “Preferred Alternative” project, Terra Nova will also develop and analyze up to three (3) additional alternative projects, including a “No Project” alternative. Alternative projects will be reviewed with the City, and impacts associated with each will be analyzed on a categorical basis.

H. Mandatory CEQA Analysis: Terra Nova will prepare other mandatory CEQA discussions, including Growth-Inducing Impacts, Unavoidable Environmental Impacts, Short-Term Use Versus Long-Term Productivity, and other mandatory CEQA EIR discussions.

I. EIR Screencheck Review: Terra Nova will prepare a screencheck draft of the EIR for review by City staff prior to transmittal. Terra Nova and its consultants will confer with City staff regarding comments, and will amend the screencheck draft accordingly. One review round is included in this proposal. If additional reviews are required, they will be billed on a time and materials basis.

J. Notice of Availability: Terra Nova will prepare the Notice of Completion and Notice of Availability of the EIR in conformance with California Government Code. The Notice will be provided to the City for publication.

K. Final EIR Drafting: The City will provide Terra Nova with comment letters received on the Draft EIR, and Terra Nova will restate comments and prepare responses to comments, conferring with City staff before finalizing responses. Terra Nova and City staff will work cooperatively in the completion of Final EIR documentation. The level of public comment is not known at this time. We have assumed 40 hours for the response to comments.

L. Document Distribution and Noticing: Terra Nova will distribute the NOP/IS and EIR documents to the City’s responsible and trustee agencies, in a manner that is compliant with CEQA and the City’s requirements. This service would also include posting to the County Clerk and SCH websites to initiate comment periods. Upon completion of the Final EIR, Terra Nova will transmit this document to all commenting agencies/parties, as well as to those who have requested a copy from the City. Said

Mr. Keith Gardner
September 28, 2023

transmittal must be accomplished at least 10 days prior to EIR certification. This task would not include the publication of notices in the newspaper, which would remain the City’s responsibility.

M. Hearings: Terra Nova staff will prepare for, attend and present the EIR and CEQA review at two hearings (Planning Commission and City Council), and will provide City staff support.

N. NOD Preparation and Filing: Following approval of the environmental document, Terra Nova will prepare the Notice of Determination (NOD) and provide it to the City for posting with the Clerk and SCH. City/applicant will be responsible for CEQA filing and CDFW fees.

Budget
Based on the scope of work provided above, we have prepared the following budget.

Task Amount
Team Meetings (18), Internal Meetings $5,850.00
Data Collection, Field Surveys, Peer Reviews $8,200.00
IS, NOP, NOC, NOD $12,800.00
EIR Documentation and Drafting $66,500.00
Land Use Alternatives Analysis $13,800.00
Response to Comments $7,800.00
Project Management and Hearing Attendance $11,700.00
Administrative Support $4,500.00
GIS Mapping & Exhibit Preparation $2,600.00
Subtotal $133,750.00
Technical Studies
Includes Terra Nova staff hours for subcontract management, review and QA/QC.

Air Quality and Greenhouse Gas Analysis $8,400.00
Subtotal $8,400.00
Reimbursables (Estimates only. Will be billed at cost)
Misc. Office Expenses $3,000.00
Printing of Environmental Documents $6,000.00
Subtotal $9,000.00
Total Project Budget $151,150.00

Mr. Keith Gardner
September 28, 2023

Conclusion
Based on the assumptions above, and the information we received from you, I believe the scope and budget reflect the level of effort required to complete the work. Please let me know if you have any questions or need additional information.

Sincerely,
Nicole Sauviat Criste
Principal

STAFF REPORT
TO: City Council
FROM: Community Development Director
FOR MEETING: Apr 09 2024
SUBJECT: CEQA Consultants List.

RECOMMENDATION:

The City Council direct Staff to publish a Request for Qualifications for consultants to be placed on a list maintained by the City Staff, and available to the public.

ORDER OF PROCEDURE:

Request Staff Report (Community Development Director
Presenting)
Council Question of Staff
Request Public Comment
Council Discussion
Motion/Second
Discussion of Motion
Call the Question
BACKGROUND:

Historically, the City of Twentynine Palms has neither maintained a list of environmental consultants, nor had any "on-call" contracts with firms capable of conducting work in accordance with the California Environmental Quality Act. This has led to inconsistent practices as to whether private applicants hire the environmental consultants for review by City Staff, or if the environmental consultants contract with the City and work under its purview. It is Staff's recommendation that future environmental work for private development be conducted under contract with the City, but reimbursed by the applicant. This is common practice throughout the State.

In order to accomplish this, Staff recommends that an environmental consultants list be created and maintained by the Community Development Director, and be placed on the City's website. If the City Council chooses to do this, then the Community Development Director would issue a Request for Qualifications (RFQ) for firms that would be interested in participating. Once a development application is filed with the City, then a firm would be chosen from those on the list to conduct the requisite environmental studies.

ENVIRONMENTAL:

None.

ALTERNATIVES:

The City Council could direct Staff not to establish a CEQA consultants list.

FISCAL IMPACT:

None. All costs associated with work associated with the California Environmental Quality Act for private development will be reimbursed by applicant on a project-by-project basis.

STAFF REPORT
TO: City Council
FROM: City Engineer
FOR MEETING: Apr 09 2024
SUBJECT: High Crash Unsignalized Intersections Project.

RECOMMENDATION:

The City Council:

1. Adopt the project design represented by the Plans and Specifications for the High Crash Unsignalized Intersections Project.

2. Award the contract for the “High Crash Unsignalized Intersections Project” to DBX Inx, for the amount of $372,635 and authorize a 10% contingency of $37,264, for a total contract amount of $409,899.

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:
• HSIP INtersection Safety
Plans 100Percent_02132023
• Contractor's bid proposal
BACKGROUND:

Last fall, Staff solicited bids for the High Crash Unsignalized Intersections Project. Caltrans allocated $340,600 of State Funds for the Construction phase. On October 24, 2023, only one bid was received from DBX, Inc. Their bid at that time was $430,602.00. Since there was only one bidder, and the cost exceeded the engineer’s estimate, and the budget, Staff recommended and City Council approved rejecting all bids and to re-advertise the project.

Staff re-advertised and solicited bids for the Project. Again, only one bid from DBX.inc was received and opened by the City Clerk on April 2, 2024, with the following results:

Company Bid Amount
DBX, Inc. $372,635
Because Caltrans will only reimburse the City for the amount of the allocation, $340,600, it is recommended that the City fund the remaining cost of this project utilizing local funds. If the project is constructed within the Contractor's bid amount, the City would need to supplement the project's construction cost for the amount of $32,035. Page 43 of 407 The project proposes to address roadway and pedestrian safety by refreshing and modifying the striping and signage, to enhance traffic safety, around the following intersections:

Lear Ave and 2 Mile Rd,
Smith Ranch Rd and Adobe Rd,
Amboy Rd and Utah Trail, Baseline Rd and Utah Trail,
Sullivan Rd and Adobe Rd,
and 2 Mile Rd and Mesquite Springs Rd
Two interactions, at Lear Avenue and Two Mile Road, and Utah Trail and Amboy Road, will be changed from 2-way STOP-controlled to 4-way STOP-controlled. An ADA ramp and Rectangular Rapid Flashing Beacons will, be installed at the intersection of Baseline Rd and Utah Trail to further enhance pedestrian safety.

ENVIRONMENTAL:

The Environmental document, Notice of Exemption, was approved in January 2013.

ALTERNATIVES:

The City Council could choose not to construct the project.

FISCAL IMPACT:

It is anticipated to construct the project within the bid amount of $372,636; however, because this amount is over the State's allocated budget for the project the budget will need to be supplemented with local funds. Staff has contacted SBCTA and they have indicated that the project qualifies for local Measure I funds.

DRAWN BY: DESIGNED BY: CHECKED BY: SHT NO.: DATE: SCALE: OF NO. DESCRIPTION DATE BY REVISONS APPROVED BY: CITY ENGINEER DATE Drawing Name: P:\C\CTWP00000003\0400CAD\TT\SHEETS\TT-CV-01-CTWP00000003.dwg Last Opened: Feb 13, 2023 - 4:57pm by: Arha AHRKSA 02/13/20238 R Know
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dig TWENTYNINE PALMS INTERSECTION SAFETY IMPROVEMENTS CITY OF TWENTYNINE PALMS AS SHOWN ROBERT A. KILPATRICK R.C.E. 42386 PREPARED UNDER THE SUPERVISION OF: DATE:
® Phone: 760.524.9100 Apple Valley California 92307 18484 Outer HWY 18 N, STE 225 02/13/2023 HSIPL-5448(011) 100% SUBMITTAL 1 COVER SHEET SAFETY IMPROVEMENT FOR HIGH CRASH UNSIGNALIZED INTERSECTIONS FOR CITY OF TWENTYNINE PALMS Twentynine Palms Water District Ray Kolisz 72401 Hatch Road Twentynine Palms, CA 92277 760-367-7546 [email protected] Southern California Edison - 29 Palms District Zack Elias [email protected] (790) 369-5449 Southern California GAS - YUCCA VALLEY David Castellanos 909-335-7508 [email protected] 1981 W. Lugonia Ave Redlands, CA 92374 Verizon - Redlands Engineering 9 S. 4th Street Redlands, CA. 92373 909.748.6656 [email protected] TIME WARNER CABLE - YUCCA VALLEY LEE HOBSON 83473 AVENUE 45 INDIO, CA 92201 (760) 674-5455 [email protected] 1112131415
6171819 PP1RS1LEGEND: 101111121131141151161171181 RR1191201

STOP ALL WAY CROSS TRAFFIC DOES NOT STOP AHEAD DRAWN BY: DESIGNED BY: CHECKED BY: SHT NO.: DATE: SCALE: OF NO. DESCRIPTION DATE BY REVISONS APPROVED BY: CITY ENGINEER DATE Drawing Name: P:\C\CTWP00000003\0400CAD\TT\SHEETS\TT-DT-02-CTWP00000003.dwg Last Opened: Feb 13, 2023 - 4:58pm by: Arha AHRKSA 02/13/20238 R Know
hat's
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dig TWENTYNINE PALMS INTERSECTION SAFETY IMPROVEMENTS CITY OF TWENTYNINE PALMS AS SHOWN ROBERT A. KILPATRICK R.C.E. 42386 PREPARED UNDER THE SUPERVISION OF: DATE:
® Phone: 760.524.9100 Apple Valley California 92307 18484 Outer HWY 18 N, STE 225 02/13/2023 HSIPL-5448(011) 100% SUBMITTAL 2 SIGNAGE LEGEND AND DETAILS A STOP SIGN WILL BE PLACED AT THIS LOCATION ON48" 48" CALTRANS MUTCD SIGN CHARTS (REV. 4/7/2017)
3 5
7 11
2 12
8 10
9

DRAWN BY: DESIGNED BY: CHECKED BY: SHT NO.: DATE: SCALE: OF NO. DESCRIPTION DATE BY REVISONS APPROVED BY: CITY ENGINEER DATE Drawing Name: P:\C\CTWP00000003\0400CAD\TT\SHEETS\TT-IM-03-CTWP00000003.dwg Last Opened: Feb 13, 2023 - 4:58pm by: Arha AHRKSA 02/13/20238 R Know
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dig TWENTYNINE PALMS INTERSECTION SAFETY IMPROVEMENTS CITY OF TWENTYNINE PALMS AS SHOWN ROBERT A. KILPATRICK R.C.E. 42386 PREPARED UNDER THE SUPERVISION OF: DATE:
® Phone: 760.524.9100 Apple Valley California 92307 18484 Outer HWY 18 N, STE 225 02/13/2023 HSIPL-5448(011) 100% SUBMITTAL 3 LEAR AVE AND 2 MILE RD TWO MILE RD
LEAR AVE LEAR AVE NORTH LEAR AVE SOUTH SEE INTERSECTION ABOVE RIGHT 1"=40' scale feet 40 0 40 80

LEAR AVE

LEAR AVE
3 5 4 10 RS
3 4
5 SCALE TWO MILE RD EAST PP 11 PPPP RS RS
1 3 2
3 111314151819
9 9
8 8 B
B
A
A RSPP
9 9
C
C PAVING DETAIL AT WEST SIDE OF INTERSECTION SCALE 1"=20' 3 3
8 13 1013 1310 14151011 10
5 4
4 101514 101514 101111131141151161171
4 201
4 20
4 20 20 20
4 4 1716
8 8
8 PP

DRAWN BY: DESIGNED BY: CHECKED BY: SHT NO.: DATE: SCALE: OF NO. DESCRIPTION DATE BY REVISONS APPROVED BY: CITY ENGINEER DATE Drawing Name: P:\C\CTWP00000003\0400CAD\TT\SHEETS\TT-IM-04-CTWP00000003.dwg Last Opened: Feb 13, 2023 - 4:58pm by: Arha AHRKSA 02/13/20238 R Know
hat's
below. Call81
beforeyou
dig TWENTYNINE PALMS INTERSECTION SAFETY IMPROVEMENTS CITY OF TWENTYNINE PALMS AS SHOWN ROBERT A. KILPATRICK R.C.E. 42386 PREPARED UNDER THE SUPERVISION OF: DATE:
® Phone: 760.524.9100 Apple Valley California 92307 18484 Outer HWY 18 N, STE 225 02/13/2023 HSIPL-5448(011) 100% SUBMITTAL 4 MESQUITE SPRINGS RD AND 2 MILE RD MESQUITE SPRINGS RD SOUTH TWO MILE RD WEST TWO MILE RD EAST MESQUITE SPRINGS RD NORTH 1"=40' scale feet 40 0 40 80 1"=40' scale feet 40
0 40 80 1"=40' scale feet 40
0 40 80 1"=40' scale feet 40
0 40 80 TWO MILE RD

LARREA AVE TWO MILE RD MESQUITE SPRINGS RD

MESQUITE SPRINGS RD
HOMESTEAD RD 2
12 10 PP RS
2 RS10 PP RS 10 RS RS
18 8
8 8
8 RS1PP1
C
C
B
B
A
A 1"=20' scale feet 20
0 20 40
B
D
D

MESQUITE SPRINGS RDTWO MILE RD
33 3
3 3
3 13 13 1013 1013 1716 16 10 17RS 16 10 17RS RS 10 1716 101131161171 4 4
4 4
4 4
14 4
4 4
4 4
4 8
8 8
8

DRAWN BY: DESIGNED BY: CHECKED BY: SHT NO.: DATE: SCALE: OF NO. DESCRIPTION DATE BY REVISONS APPROVED BY: CITY ENGINEER DATE Drawing Name: P:\C\CTWP00000003\0400CAD\TT\SHEETS\TT-IM-05-CTWP00000003.dwg Last Opened: Feb 13, 2023 - 4:59pm by: Arha AHRKSA 02/13/20238 R Know
hat's
below. Call81
beforeyou
dig TWENTYNINE PALMS INTERSECTION SAFETY IMPROVEMENTS CITY OF TWENTYNINE PALMS AS SHOWN ROBERT A. KILPATRICK R.C.E. 42386 PREPARED UNDER THE SUPERVISION OF: DATE:
® Phone: 760.524.9100 Apple Valley California 92307 18484 Outer HWY 18 N, STE 225 02/13/2023 HSIPL-5448(011) 100% SUBMITTAL 5 AMBOY RD AND UTAH TRAIL AMBOY RD UTAH TRAIL UTAH TRAILUTAH TRAIL NORTH UTAH TRAIL SOUTH 13 3
4 3 RS RS RS RS RS
9 9
8 9
9 8
8 1819RS1PP1
A
A
B
B
C
C
D

D AMBOY RD
UTAH TRAIL AMBOY ROAD WEST AMBOY ROAD EAST 1"=40' scale feet 40 0 40 80 1"=40' scale feet 40
0 40 80 1"=40' scale feet 40
0 40 80 1"=40' scale feet 40
0 40 80 1"=20' scale feet 20
0 20 40
3 3 1013 1013 1013 1013 11101716 101514 11101716 101514 1011113114115161171 14 4 4
4 4
8 8
8 8
8

DRAWN BY: DESIGNED BY: CHECKED BY: SHT NO.: DATE: SCALE: OF NO. DESCRIPTION DATE BY REVISONS APPROVED BY: CITY ENGINEER DATE Drawing Name: P:\C\CTWP00000003\0400CAD\TT\SHEETS\TT-IM-06-CTWP00000003.dwg Last Opened: Feb 13, 2023 - 5:01pm by: Arha AHRKSA 02/13/20238 R Know
hat's
below. Call81
beforeyou
dig TWENTYNINE PALMS INTERSECTION SAFETY IMPROVEMENTS CITY OF TWENTYNINE PALMS AS SHOWN ROBERT A. KILPATRICK R.C.E. 42386 PREPARED UNDER THE SUPERVISION OF: DATE:
® Phone: 760.524.9100 Apple Valley California 92307 18484 Outer HWY 18 N, STE 225 02/13/2023 HSIPL-5448(011) 100% SUBMITTAL 6 SMITH RANCH RD AND ADOBE RD ADOBE RD 1"=40' scale feet 40 0 40 80

SMITH RANCH RD
RAYMOND DR RAYMOND DR 101131 RS10 RS1
3 1013 1310 1318 181

DRAWN BY: DESIGNED BY: CHECKED BY: SHT NO.: DATE: SCALE: OF NO. DESCRIPTION DATE BY REVISONS APPROVED BY: CITY ENGINEER DATE Drawing Name: P:\C\CTWP00000003\0400CAD\TT\SHEETS\TT-IM-07-CTWP00000003.dwg Last Opened: Feb 13, 2023 - 5:02pm by: Arha AHRKSA 02/13/20238 R Know
hat's
below. Call81
beforeyou
dig TWENTYNINE PALMS INTERSECTION SAFETY IMPROVEMENTS CITY OF TWENTYNINE PALMS AS SHOWN ROBERT A. KILPATRICK R.C.E. 42386 PREPARED UNDER THE SUPERVISION OF: DATE:
® Phone: 760.524.9100 Apple Valley California 92307 18484 Outer HWY 18 N, STE 225 02/13/2023 HSIPL-5448(011) 100% SUBMITTAL 7 SIGNING AND STRIPING PLAN SULLIVAN RD AND ADOBE RD 1"=40' scale feet 40 0 40 80 1"=40' scale feet 400 40 80 SULLIVAN RD SEE BELOW RIGHT

SEE INTERSECTION
ABOVE ADOBE RD SULLIVAN RD 101131 RS RS RS RS
8 181RS1
3 1013 1310 1013 101318
13 8

DRAWN BY: DESIGNED BY: CHECKED BY: SHT NO.: DATE: SCALE: OF NO. DESCRIPTION DATE BY REVISONS APPROVED BY: CITY ENGINEER DATE Drawing Name: P:\C\CTWP00000003\0400CAD\TT\SHEETS\TT-IM-08-CTWP00000003.dwg Last Opened: Feb 13, 2023 - 5:03pm by: Arha AHRKSA 02/13/20238 R Know
hat's
below. Call81
beforeyou
dig TWENTYNINE PALMS INTERSECTION SAFETY IMPROVEMENTS CITY OF TWENTYNINE PALMS AS SHOWN ROBERT A. KILPATRICK R.C.E. 42386 PREPARED UNDER THE SUPERVISION OF: DATE:
® Phone: 760.524.9100 Apple Valley California 92307 18484 Outer HWY 18 N, STE 225 02/13/2023 HSIPL-5448(011) 100% SUBMITTAL 8 BASELINE RD AND UTAH TRAIL UTAH TRAIL SOUTH UTAH TRAIL NORTH UTAH TRAIL UTAH TRAIL BASELINE RD MODIFIED CASE CM CURB RAMP DETAIL CALTRANS STD PLAN A88B SCALE: 1"=5'

SERRANO DR
N STAR AVE RS10 RS10 RS PP PP RS12 RS12
AA
B
B C
C
DD BASELINE RD WEST BASELINE RD EAST BASELINE RD UTAH TRAIL BASELINE RD1"=40' scale feet 40 0 40 80 1"=40' scale feet 40
0 40 80 1"=40' scale feet 40
0 40 80 1"=40' scale feet 40
0 40 80 1"=20' scale feet 20
0 20 40
3 3 10 RS10 1013 1310 1318 1318 19
6 13101121131191RS1PP1
18 8
8 181
7 4
4 14
8 8
8

STAFF REPORT
TO: City Council
FROM: City Engineer
FOR MEETING: Apr 09 2024
SUBJECT: Split Rock Avenue Bridge Project.

RECOMMENDATION:

The City Council:

1. Adopt the design of the project represented by the attached Plans and Specifications for the Split Rock Avenue Bridge Project.

2. Authorize Staff to advertise a Request for Proposal for a Construction Management firm to provide construction management services.

3. Execute the agreement with the County Flood Control District.

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:
• Attachment D1 - Plans
• Attachment D2 - Specifications
• RFP for SRB CM - 2-2024
• Agreement-FCD-29 Palms
Channel at Split Rock Ave (SAC
Edits 5-22-23) er
BACKGROUND:

Several years ago, the City was successful in obtaining a Federal grant to construct a new bridge. The project consists of replacing an existing 2-lane low water crossing with a new 2-lane bridge on Split Rock Avenue across the Twentynine Palms Flood Control Channel north of State Route 62 from Buena Vista Drive to Bagley Avenue in the City of Twentynine Palms using Highway Bridge Program (HBP) funds.

The existing low water crossing floods with stormwater during summer monsoonal rains and other large precipitation events. These events continue to compromise the structural integrity of the roadway and pose a hazard for residents during large storm events. The construction of the two-lane bridge will provide for multimodal safety, ensure compliance with current safety standards, and provide access across the drainage area during precipitation events. Page 81 of 407 The City has completed and received Caltrans' final approval of the environmental document, right of way certificate, and the final construction plans and specifications for the bridge. The City received the official "authorization to proceed" to the construction phase of the bridge.

Because the construction of the bridge is highly complex and specialized, Staff recommends that a bridge construction management firm be hired to administer the construction of the bridge. The scope of services for a construction manager includes, but is not limited to, administration of the construction contract, quality control, materials testing, inspection, coordination of environmental monitoring, and surveying quality control. The cost for these services is included in the total cost estimate and budget for the project. With the City Council's approval, Staff will advertise for a Construction Manager. Upon review of each proposer's qualifications, Staff will return to the City Council with a recommendation for a qualified construction management company for approval.

Early in the design phase of the bridge, it became apparent that the District's trapezoidal channel was undersized to convey the required amount of stormwater under the bridge. The channel needed to be widened and lowered to meet the 100-year stormwater design standards. City and design Staff coordinated with the San Bernardino County Flood Control District (District) for the design of the required channel improvements upstream and downstream of the bridge. Because the channel improvements need to be constructed before or at the same time as the bridge, the District has requested that the City take the lead to combine the construction of the channel improvements with the construction of the new bridge. Per the attached Flood Control District agreement, the cost of the channel improvements will be 100% reimbursed with Flood Control District funds.

ENVIRONMENTAL:

Caltrans approved the NEPA Categorical Exemption/Categorical Exclusion Determination revalidation on 04/04/2023. The attached Environmental Determination also describes the purpose and need for the project and stipulates the requirements for biological monitoring.

ALTERNATIVES:

The City Council could choose not to construct the project.

FISCAL IMPACT:

The total construction cost for the bridge is estimated to be $3,653,750. Federal funds will pay for 88.53% of this amount. The City is required to provide a local match of 11.47%. SBCTA has agreed per "Amendment #1 to Project Funding Agreement No. 19-1002195", to fund the local match. As indicated in the agreement, "SBCTA's Share can be from sources under control of SBCTA including but not limited to Measure I Major Local Highways Program (MLHP), State Transportation Improvement Program (STIP), Surface Transportation Program (STP), or other funds without necessitating an amendment of this Agreement." The channel improvements are estimated to be $4,690,125. Per the attached agreement with the District, the District will be reimbursed by the District at 100%.

ABBREVIATIONS SURVEY NOTES REMARKS MONUMENTS SAN BERNARDINO COUNTY STANDARD PLANS (SBC) PROJECT STANDARD SPECIFICATIONS PROJECT STANDARD PLANS CALTRANS STANDARD PLANS (CTSP), 2023 LEGEND OF IMPROVEMENTS TYPICAL CONSTRUCTION NOTES SURVEY CONTROL STATEMENT PROJECT CONTROL PERMANENT WATER POLLUTION CONTROL BMP'S CITY OF TWENTYNINE PALMS ENGINEERING DIVISION 6136 ADOBE ROAD, TWENTYNINE PALMS, CA 92277 (760) 367-4890 SPLIT ROCK AVENUE BRIDGE PROJECT 31 NOTES, LEGEND, AND ABBREVIATIONS 2 T-2 SAN BERNARDINO COUNTY FLOOD CONTROL (SBCFC) CALTRANS REVISED STANDARD PLANS (CTRSP), 2023 SAN BERNARDINO COUNTY SPECIAL DISTRICTS DEPARTMENT (SBCSDD)

SPLIT ROCK AVENUE BUENA VISTA DRIVE BAGLEY AVENUE SPLIT ROCK AVENUE BUENA VISTA DRIVE SPLIT ROCK AVENUE CITY OF TWENTYNINE PALMS ENGINEERING DIVISION 6136 ADOBE ROAD, TWENTYNINE PALMS, CA 92277 (760) 367-4890 SPLIT ROCK AVENUE BRIDGE PROJECT 31 TYPICAL CROSS SECTIONS XS3 1

CITY OF TWENTYNINE PALMS ENGINEERING DIVISION 6136 ADOBE ROAD, TWENTYNINE PALMS, CA 92277 (760) 367-4890 SPLIT ROCK AVENUE BRIDGE PROJECT 31 STREET IMPROVEMENT PLAN L4 1 PROFILE

CITY OF TWENTYNINE PALMS ENGINEERING DIVISION 6136 ADOBE ROAD, TWENTYNINE PALMS, CA 92277 (760) 367-4890 SPLIT ROCK AVENUE BRIDGE PROJECT 31 STREET IMPROVEMENT PLAN L5 PROFILE 2 PROFILE

CITY OF TWENTYNINE PALMS ENGINEERING DIVISION 6136 ADOBE ROAD, TWENTYNINE PALMS, CA 92277 (760) 367-4890 SPLIT ROCK AVENUE BRIDGE PROJECT 31 CONSTRUCTION DETAILS CD - 6 1

CITY OF TWENTYNINE PALMS ENGINEERING DIVISION 6136 ADOBE ROAD, TWENTYNINE PALMS, CA 92277 (760) 367-4890 SPLIT ROCK AVENUE BRIDGE PROJECT 31 CONSTRUCTION DETAILS CD - 7 2

CITY OF TWENTYNINE PALMS ENGINEERING DIVISION 6136 ADOBE ROAD, TWENTYNINE PALMS, CA 92277 (760) 367-4890 SPLIT ROCK AVENUE BRIDGE PROJECT 31 CONSTRUCTION DETAILS CD - 8 3

SECTION EXPANSION JOINT PLAN
9 4 8" CURB AND GUTTER N.T.S. N.T.S. CITY OF TWENTYNINE PALMS ENGINEERING DIVISION 6136 ADOBE ROAD, TWENTYNINE PALMS, CA 92277 (760) 367-4890 SPLIT ROCK AVENUE BRIDGE PROJECT 31 CONSTRUCTION DETAILS CD - N.T.S. DRIVEWAY TYPE A SECTION PLAN CONCRETE CURB TO DIKE TRANSITION 8" CURB & GUTTER (MOD 1) TO 8" ASPHALT CONCRETE DIKE N.T.S. N.T.S. N.T.S. DRIVEWAY TYPE B SECTION PLAN

10 1 PROFILE G- CITY OF TWENTYNINE PALMS ENGINEERING DIVISION 6136 ADOBE ROAD, TWENTYNINE PALMS, CA 92277
(760) 367-4890 SPLIT ROCK AVENUE BRIDGE PROJECT 31 GRADING PLAN SECTION A-A SECTION B-B

CITY OF TWENTYNINE PALMS ENGINEERING DIVISION 6136 ADOBE ROAD, TWENTYNINE PALMS, CA 92277 (760) 367-4890 SPLIT ROCK AVENUE BRIDGE PROJECT 31 DRAINAGE PLAN D- 11 DRAINAGE PROFILES D-1

CITY OF TWENTYNINE PALMS ENGINEERING DIVISION 6136 ADOBE ROAD, TWENTYNINE PALMS, CA 92277 (760) 367-4890 SPLIT ROCK AVENUE BRIDGE PROJECT 31 DRAINAGE DETAILS DD- 121 MANHOLE

STOP
STOP CITY OF TWENTYNINE PALMS ENGINEERING DIVISION 6136 ADOBE ROAD, TWENTYNINE PALMS, CA 92277 (760) 367-4890 SPLIT ROCK AVENUE BRIDGE PROJECT 31 UTILITY PLAN U-1 13

CITY OF TWENTYNINE PALMS ENGINEERING DIVISION 6136 ADOBE ROAD, TWENTYNINE PALMS, CA 92277 (760) 367-4890 SPLIT ROCK AVENUE BRIDGE PROJECT 31 TEMPORARY WATER POLLUTION CONTROL PLAN 14TWPC-1

CITY OF TWENTYNINE PALMS ENGINEERING DIVISION 6136 ADOBE ROAD, TWENTYNINE PALMS, CA 92277 (760) 367-4890 SPLIT ROCK AVENUE BRIDGE PROJECT 31 TRAFFIC HANDLING PLAN TH-1 DETOUR DETOUR END DETOUR DETOUR SPLIT ROCK CLOSED AHEAD USE DETOUR ROAD CLOSED LOCAL TRAFFIC ONLY ROAD CLOSED SPLIT ROCK AVE. CLOSED FROM MONTH DAY YEAR TO MONTH DAY YEAR ROAD AHEAD CLOSED 15

STOP
STOP CITY OF TWENTYNINE PALMS ENGINEERING DIVISION 6136 ADOBE ROAD, TWENTYNINE PALMS, CA 92277 (760) 367-4890 SPLIT ROCK AVENUE BRIDGE PROJECT 31 SIGNING AND STRIPING PLAN SS- 16 1

CITY OF TWENTYNINE PALMS ENGINEERING DIVISION 6136 ADOBE ROAD, TWENTYNINE PALMS, CA 92277 (760) 367-4890 SPLIT ROCK AVENUE BRIDGE PROJECT 31 CHANNEL IMPROVEMENT & EROSION CONTROL PLAN17EC-1

18ECD-1 RSP AT HEADWALL SECTION H-H PLAN CONCRETE CUTOFF WALL CONCRETE CUTOFF WALL SECTION B-B SECTION A-A SECTION D-D SECTION C-C STA "TPC" 23+20.00 TO 25+99.00 STA "TPC" 20+01.00 TO 23+19.00 CONCRETE CUTOFF WALL CONCRETE CUTOFF WALL SECTION F-F SECTION E-E SECTION G-G STA "TPC" 26+00.00 TO 27+76.20 CITY OF TWENTYNINE PALMS ENGINEERING DIVISION 6136 ADOBE ROAD, TWENTYNINE PALMS, CA 92277 (760) 367-4890 SPLIT ROCK AVENUE BRIDGE PROJECT 31 EROSION CONTROL DETAILS

1" = 10'
1" = 10'

NO SCALE
Elev = 2017.97
22+05.00 EVC
Elev = 2023.57
24+85.10 GB
+2.00%
1" = 5'
1'-0" 10'-0" 6'-0" 12'-0" 12'-0" 6'-0" 1'-9"
29'-0" 19'-9"
-2% -2% 2'-9"

CONCRETE SLAB

CIP P/T
22 23
DATUM Elev = 1990.00'
BB EB
Abut 1 Abut 2
: 100-YR WSE = 2014.10

CHANNEL INVERT

PROPOSAL
5'-6"
22 23
A
R
T
L
=
=
=
=

CURVE DATA
800.00'
551.77'
966.06'
A

PALMS HIGHWAY

TO TWENTYNINE

TO EL PASEO DRIVE
CONTROL DETAILS" SHEET

IMPROVEMENT & EROSION
PROTECTION, SEE "CHANNEL

CONCRETED ROCK SLOPE

CHANNEL
FLOOD

CONTROL

TWENTYNINE
PALMS
ACCES
S
ROAD
ACCES
S
ROAD
ACCE
S
S
ROAD
1 0
'
1 2
'
1 2
'
Elev = 2018.34
22+23.50 BB
2 3

GENERAL PLAN
TOP OF SLOPE, Typ
19 S - 1

PROFILE GRADE

DEVELOPED ELEVATION
PLAN
& EROSION CONTROL DETAILS" SHEET
PROTECTION, SEE "CHANNEL IMPROVEMENT

CLASS V CONCRETED ROCK SLOPE
Elev = 2019.80
22+96.50 EB
6 '
6 '
SLOPE, Typ
TOP OF
AC
CE
S
S
ROAD

TUBULAR HANDRAILING
TYPE 732SW WITH

CONCRETE BARRIER
STEEL PILES, Typ
HP 14x89 DRIVEN

RAILING

BICYCLE

WITH TUBULAR
TYPE 836

BARRIER

CONCRETE
1 LEGEND
NOTES:
fabricating any material.
field dimensions before ordering or
The contractor shall verify all controlling
For "PILE DATA TABLE", see "FOUNDATION PLAN" sheet.
"INDEX TO PLANS" sheet.

AND TYPE LIMITS" and "QUANTITIES", see
"GENERAL NOTES", "CONCRETE STRENGTH
For "INDEX TO PLANS", "STANDARD PLAN",

3. 2.

1. 1

TYPICAL SECTION
48'-9"
BRIDGE No. & year constructed
Paint "TWENTYNINE PALMS FLOOD CONTROL CHANNEL BRIDGE",
1 1.5
1 5675 RUFFIN ROAD SUITE 250, SAN DIEGO CA. 858-514-8377 BY
DESIGNED: OF
No. 66058
DATE
NO. REVISION DATE
DRAWN:

CHECKED:

SCALE
VERT:

HORIZ:

RECORD DRAWING DATE:

NO.

DWG.
$FILEABBREV$

CITY OF TWENTYNINE
PALMS

ENGINEERING DIVISION
6136 ADOBE ROAD,
TWENTYNINE PALMS, CA 92277
(760) 367-4890

SPLIT ROCK AVENUE

BRIDGE PROJECT
CAD FILE:

PROJECT NO. XXXXX
Exp. 6-30-24
31 NO. REVISION BY DATE

AS NOTED

AS NOTED
C. TORNACI
K. DANG
CIVIL

STATE OFCALIFORNIA
RE

GISTERED

PROFESSIONAL
ENG
IN
E
ER

CHARLES
G. TORNACI
S -
A. MOMENI

CHARLES TORNACI, PROJECT ENGINEER
8/9/2023

20 INDEX TO PLANS
S - 2

CONCRETE STRENGTH AND TYPE LIMITS

NO SCALE
DESIGN:

DEAD LOAD:
y
LIVE LOAD:

SEISMIC DESIGN:

SEISMIC LOAD:

REINFORCED CONCRETE: f = 60 ksi
vehicular loads.

HL-93, Caltrans' "Low Boy" and CA P-15 Permit, design
Includes 0.035 ksf for future wearing surface
S30

GENERAL NOTES

LOAD AND RESISTANCE FACTOR DESIGN
Period (sec)
c
f' =
n = 8
PRESTRESSED CONCRETE:
"GIRDER LAYOUT" sheet.

See "PRESTRESSING NOTES" on
Spectral Acceleration (g)

SHEET FOR CONCRETE STRENGTH
SEE "PRESTRESSING NOTES" ON "GIRDER LAYOUT"

STRUCTURAL CONCRETE, BRIDGE (POLYMER FIBER),

INDEX TO PLANS
STANDARD PLAN SHEET NO.

DETAIL NO.

B0-1
B0-3
B0-5

LIMITS OF PAYMENT FOR EXCAVATION AND

BRIDGE DETAILS

BRIDGE DETAILS

BRIDGE DETAILS
Sheet No. Title
A10A
A10C
A10B
A10D
ABBREVIATIONS (SHEET 1 OF 2)
ABBREVIATIONS (SHEET 2 OF 2)
A10E
LINES AND SYMBOLS (SHEET 2 OF 3)
LINES AND SYMBOLS (SHEET 1 OF 3)
LINES AND SYMBOLS (SHEET 3 OF 3)
A10H
LEGEND - SOIL (SHEET 1 OF 2)
LEGEND - SOIL (SHEET 2 OF 2)

LEGEND - ROCK
A10G
A10F
A62C LIMITS OF PAYMENT FOR EXCAVATION AND

BACKFILL BRIDGE
A62B

BACKFILL BRIDGE SURCHARGE AND WALL
B8-5 CAST-IN-PLACE POST-TENSIONED GIRDER DETAILS
CONCRETE BARRIER TYPE 732SW (SHEET 1 OF 2)
B11-59 CONCRETE BARRIER TYPE 732SW (SHEET 2 OF 2)
B11-58
B11-51 TUBULAR HANDRAILING
B11-79
B11-80
CONCRETE BARRIER TYPE 836 DETAILS NO. 1
CONCRETE BARRIER TYPE 836 DETAILS NO. 2
with California Amendments, preface dated April 2019
AASHTO LRFD Bridge Design Specifications, 8th Edition
Version 2.0, April 2019

CALTRANS SEISMIC DESIGN CRITERIA (SDC)

4.0 ksi
STRUCTURAL CONCRETE, BRIDGE (f'c = 4,000 psi)
B9-6 STRUCTURE APPROACH - DRAINAGE DETAILS
LOG OF TEST BORINGS NO. 2 OF 2
LOG OF TEST BORINGS NO. 1 OF 2

TUBULAR BICYCLE RAILING DETAILS

GIRDER LAYOUT

TYPICAL SECTION
ABUTMENT DETAILS NO. 3
ABUTMENT DETAILS NO. 2
ABUTMENT DETAILS NO. 1

ABUTMENT LAYOUT

FOUNDATION PLAN

DECK CONTOURS

INDEX TO PLANS

GENERAL PLAN

13. 12.

11. 10.

9. 8.

7. 6.

5. 4.

3. 2.

1. ARS CURVE

4.5 5.0

0.0 0.0 0.5 1.0 1.5 2.0 2.5 3.0 3.5 4.0

0.2 0.6

0.8 1.0

1.2 1.4

1.6 1.8

0.4 2.0
5% Damping
Peak Rock Acceleration = 0.61g
Moment Magnitude : 7.5
V = 1050 ft/s (320 m/s) and with near fault adjustments ARS Online Version 2.3.09 with
STANDARD PLANS DATED 2023
CONCRETE BARRIER (TYPE 836)
CONCRETE BARRIER (TYPE 732SW)

TUBULAR BICYCLE RAILING

BAR REINFORCING STEEL (EPOXY COATED)

BAR REINFORCING STEEL (BRIDGE)

STRUCTURAL CONCRETE, BRIDGE (POLYMER FIBER)

STRUCTURAL CONCRETE, BRIDGE

PRESTRESSING CAST-IN-PLACE CONCRETE
DRIVE STEEL PILE (HP 14 X 89)
FURNISH STEEL PILING (HP 14 X 89)

STRUCTURE BACKFILL (BRIDGE)

STRUCTURE EXCAVATION (BRIDGE)
Item Total

QUANTITIES
98 98
195
12,410
69,730
279
150
1 24
1,042
134
206
LF
LF
LF
LB
LB
CY
CY
LS
EA
LF
CY
CY
5675 RUFFIN ROAD SUITE 250, SAN DIEGO CA. 858-514-8377
BY
DESIGNED: OF
No. 66058
DATE
NO. REVISION DATE
DRAWN:

CHECKED:

SCALE
VERT:

HORIZ:

RECORD DRAWING DATE:

NO.

DWG.
$FILEABBREV$

CITY OF TWENTYNINE
PALMS

ENGINEERING DIVISION
6136 ADOBE ROAD,
TWENTYNINE PALMS, CA 92277
(760) 367-4890

SPLIT ROCK AVENUE

BRIDGE PROJECT
CAD FILE:

PROJECT NO. XXXXX
Exp. 6-30-24
31 NO. REVISION BY DATE

AS NOTED

AS NOTED
C. TORNACI
K. DANG
CIVIL

STATE OFCALIFORNIA
RE

GISTERED

PROFESSIONAL
ENG
IN
E
ER

CHARLES
G. TORNACI
S -
A. MOMENI

CHARLES TORNACI, PROJECT ENGINEER
8/9/2023

23 21

DECK CONTOURS
S - 3

EDGE OF DECK

EDGE OF DECK
X
X
22 �" = 1'-0"
BB
EB
PLAN
X
X

X X X X X X
X
X
X
X
X

X X X X
X
X X
X
X
X
X
Contour interval is 0.10'.

Contours do not include camber.

Denotes 10' interval along station line.

NOTES:

WWLOL

WWLOL WWLOL
WWLOL
5675 RUFFIN ROAD SUITE 250, SAN DIEGO CA. 858-514-8377
BY
DESIGNED: OF
No. 66058
DATE
NO. REVISION DATE
DRAWN:

CHECKED:

SCALE
VERT:

HORIZ:

RECORD DRAWING DATE:

NO.

DWG.
$FILEABBREV$

CITY OF TWENTYNINE
PALMS

ENGINEERING DIVISION
6136 ADOBE ROAD,
TWENTYNINE PALMS, CA 92277
(760) 367-4890

SPLIT ROCK AVENUE

BRIDGE PROJECT
CAD FILE:

PROJECT NO. XXXXX
Exp. 6-30-24
31 NO. REVISION BY DATE

AS NOTED

AS NOTED
C. TORNACI
K. DANG
CIVIL

STATE OFCALIFORNIA
R
E
GIS
T
ERED

PROFESSIONAL
EN
GINEE
R

CHARLES
G. TORNACI
S -
A. MOMENI

CHARLES TORNACI, PROJECT ENGINEER
8/9/2023
2018
2018
2019
2019
2020
2020

LEGEND

SCOUR DATA TABLE
Abut 2
Abut 1
Locations
Support
Scour Depth (ft)
Short Term (Local)
Scour Elevation (ft)
and Contraction)
Long Term (Degradation

0.0 0.0
FREQUENCY (Years)
WATER SURFACE (Elevation at bridge)

OVERTOPPING
DISCHARGE (Cubic feet per second)
A DRAINAGE AREA: N/A square miles
A
100 N/A
N/A
N/A

DESIGN FLOW BASE FLOW FLOW

HYDROLOGIC SUMMARY

CHANNEL
FLOOD

CONTROL

TWENTYNINE
PALMS
R
T
L
=
=
=
=

CURVE DATA
800.00'
966.06'
A
A
22 23
2 3
20 '-
5⅜
"
2003.00
2003.00
22+24.28
22+95.73
S - 4
22 FOUNDATION PLAN
PLAN

PROPOSED R/W

PROPOSED R/W
A
FREQUENCY (Years)
WATER SURFACE (Elevation at bridge)

OVERTOPPING
DISCHARGE (Cubic feet per second)
B DRAINAGE AREA: N/A square miles
B
100 N/A
N/A
N/A

DESIGN FLOW B BASE FLOW FLOW
50 7,489 6,000
2014.1 2012.8
50 4,709
2011.6
3,900
2010.7
A Interim (Existing) conditions in effect at date of construction B Ultimate conditions in effect at conclusion of Donnell Basin improvements ⅛" = 1'-0"
20 '-
2 "
R = 771.00'
WWLOL
R = 819.75'
WWLOL
R = 771.00'
WWLOL
R = 819.75'
WWLOL

LOCATION

NOMINAL RESISTANCE

COMPRESSION TENSION
(KIPS)
Abut 1

PILE DATA TABLE
N/A

PILE TYPE
(FT)

ELEVATION
TIP
DESIGN
(FT)

ELEVATION
TIP

SPECIFIED
(KIPS)

RESISTANCE

DRIVING

NOMINAL
N/A
HP 14x89
Abut 2 HP 14x89
1996.80
1996.80
xxxx.xx Indicates bottom of end diaphragm.

Denotes vertical pile
200
210
DETAILS NO. 3" SHEETS
PLAN" AND "ABUTMENT
OUTLET, SEE "DRAINAGE
36" O RCP STORM DRAIN
1963 (d)
1971 (c)
1960 (a)
1963 (d)
1971 (c)
1960 (a)
1960
1960
200
210
the design tip elevations for lateral, and tolerable settlement.

The Specified Tip Elevation shall not be raised above
(c) Settlement; and (d) Lateral Load.

Design tip elevations are controlled by: (a) Compression; NOTES:

2. 1.
30 '-
1 ⅛
"
29 '-
7¾
"
551.77'
(BY OTHERS)

ABANDONED)
(TO BE

STEEL TPWD
Exist 8" Á
DETAILS NO. 3" SHEETS
PLAN" AND "ABUTMENT
OUTLET, SEE "DRAINAGE
18" O RCP STORM DRAIN
5675 RUFFIN ROAD SUITE 250, SAN DIEGO CA. 858-514-8377
BY
DESIGNED: OF
No. 66058
DATE
NO. REVISION DATE
DRAWN:

CHECKED:

SCALE
VERT:

HORIZ:

RECORD DRAWING DATE:

NO.

DWG.
$FILEABBREV$

CITY OF TWENTYNINE
PALMS

ENGINEERING DIVISION
6136 ADOBE ROAD,
TWENTYNINE PALMS, CA 92277
(760) 367-4890

SPLIT ROCK AVENUE

BRIDGE PROJECT
CAD FILE:

PROJECT NO. XXXXX
Exp. 6-30-24
31 NO. REVISION BY DATE

AS NOTED

AS NOTED
C. TORNACI
K. DANG
CIVIL

STATE OFCALIFORNIA
R
E
GIS
T
ERED

PROFESSIONAL
EN
GINEE
R

CHARLES
G. TORNACI
S -
A. MOMENI

CHARLES TORNACI, PROJECT ENGINEER
8/9/2023

B0
-
1 WWLOL

BARRIER NOT SHOWN
4" CHAMFER
1'-0" CHAMFER
6" 9" 1'-3" 1'-6"
BB or EB
#6 @ 12 *
8'-0"
#8 @ 6 * 6" Clr
#6 Tot 3
FG
#6 @ 12
LIMITS OF 18" O VOID, Typ
18" O VOID
¾" = 1'-0"

3. 2.

1. SEE "DETAIL A"
#6 @ 12 Max *
#6 @ 12 Max *
#6 TOT 8 **
#6 Tot 6
Const Jt
B B
"ABUTMENT DETAILS NO. 2" sheet.

For "SECTIONS A-A & B-B" and "DETAIL A", see
Roughen concrete surface at construction joint.

No backfill allowed prior to post-tensioning.

NOTES:

A A
S - 5
23 ABUTMENT LAYOUT
B0
-
1 WWLOL
SEE "DETAIL A"

TYPICAL ABUTMENT SECTION

RSP FABRIC
CLASS 8

ABUTMENT PLAN
¼" = 1'-0"
B0-1
2'-8"
"ABUTMENT DETAILS NO. 1" SHEET
SEE "STEEL PILE ANCHOR" ON
STEEL PILE HP 14 x 89,

ABUTMENT ELEVATION
¼" = 1'-0"
5"
"ABUTMENT DETAILS NO. 1" SHEET
SEE "STEEL PILE ANCHOR" ON
STEEL PILE HP 14 x 89,

FOR PLACEMENT
SECTION" SHEET
#7, SEE "TYPICAL
3" Clr

SECTION

STRUCTURAL

ROADWAY
Abutment 1 shown, Abutment 2 similar.

METHOD B PLACEMENT

ROCK SLOPE PROTECTION

CLASS V CONCRETED
5 '-
6 "
2'-0"
B9-6
DRAIN

GEOCOMPOSITE
HOLES
WEEP B0-3
3-1
"ABUTMENT DETAILS NO. 3" SHEET

OPENING FOR STORM DRAIN, SEE
#6 @ 12
*** PLACE PERPENDICULAR TO AND
** EXTEND TO EDGE OF ABUTMENT STEM.

POST TENSIONING ANCHORAGE.

HOOKS AND ADJUST AS NECESSARY TO CLEAR
#5 ***@ 12 Vert & HorizALTERNATE HOOK
LIMITS OF DISTRIBUTION Reinf

P/S BLOCKOUT
FG
1 2
'-
0 "
Abut
2 1
2 '-
0 "
Abut
1 1
2 '-
0 "
Abut
2 1
3 '-
6 "
Abut
1 4 @ 4'-3¾" = 17'-3"
1'-7¾"
PILE SPACING Abut 1 6 @ 4'-3¾" = 25'-10½"
4 @ 4'-3¾" = 17'-3" 2'-7"
1'-8¾"
PILE SPACING Abut 2 6 @ 4'-3¾" = 25'-10½"
DETAILS NO. 3" SHEETS
"DRAINAGE PLAN" AND "ABUTMENT

STORM DRAIN OUTLETS, SEE
36" Á RCP (ABUTMENT 2)
18" Á RCP (ABUTMENT 1)
FL Elev = 2010.58 AT Abut 2 FACE
FL Elev = 2009.95 AT Abut 1 FACE
21'-10" Abut 1
10'-4" Abut 2
5675 RUFFIN ROAD SUITE 250, SAN DIEGO CA. 858-514-8377
BY
DESIGNED: OF
No. 66058
DATE
NO. REVISION DATE
DRAWN:

CHECKED:

SCALE
VERT:

HORIZ:

RECORD DRAWING DATE:

NO.

DWG.
$FILEABBREV$

CITY OF TWENTYNINE
PALMS

ENGINEERING DIVISION
6136 ADOBE ROAD,
TWENTYNINE PALMS, CA 92277
(760) 367-4890

SPLIT ROCK AVENUE

BRIDGE PROJECT
CAD FILE:

PROJECT NO. XXXXX
Exp. 6-30-24
31 NO. REVISION BY DATE

AS NOTED

AS NOTED
C. TORNACI
K. DANG
CIVIL

STATE OFCALIFORNIA
RE

GISTERED

PROFESSIONAL
ENG
IN
E
ER

CHARLES
G. TORNACI
S -
A. MOMENI

CHARLES TORNACI, PROJECT ENGINEER
8/9/2023

2-#4
#4 @ 12
#9 @ 9 IF
#9 @ 9 0F
Reinf SHOWN

NOT ALL BARRIER
#9 @ 9 IF
#9 @ 9 0F
#4 @ 12
#4 Tot 2
1'-6"
C
C

WINGWALL ELEVATION
½" = 1'-0"

SECTION T-T
¾" = 1'-0"
B8-5

GIRDER DETAILS

POST TENSIONED

BLOCKOUT PLAN VIEW
¾" = 1'-0"
B8-5

GIRDER DETAILS

POST TENSIONED

P/S BLOCKOUT

BB OR EB
4" Min

END DIAPGHRAGM

REINFORCEMENT

ABUTMENT
PLAN VIEW @ EXTERIOR GIRDER
¾" = 1'-0"
Denotes bundled reinf
NOTE:

LEGEND
NOT CALLED OUT OR SHOWN.

SEE B8-5 FOR REINFORCEMENT
24 ABUTMENT DETAILS NO. 1
S - 6
T T
B8-5

GIRDER DETAILS

POST TENSIONED

BB OR EB

REINFORCEMENT

ABUTMENT
4" Min

END DIAPGHRAGM

TUBULAR HANDRAILING
TYPE 732SW WITH

CONCRETE BARRIER
½" EXPANSION JOINT FILLER
BARRIER JOINT AT BB OR EB.

GEOCOMPOSITE DRAIN

SECTION C-C (LEFT EOD)
¾" = 1'-0"

SECTION C-C (RIGHT EOD)
¾" = 1'-0"
1'-6"
#4 Tot 2
#9 @ 9 0F
#9 @ 9 IF
#4 @ 12
B11-80
FG
DRAIN

GEOCOMPOSITE
#11 Tot 2
#11 Tot 2
2-#11
3"
2" 0 HOLES

BOTTOM OF FOOTING

STEEL PILE ANCHOR
PLAN

ELEVATION

NO SCALE
60°
(EPOXY COATED)
3 '-
0 "
3 '
-0"
#8 Tot 2
5"
WWLOL
WWLOL
TYPE 836 (EAST SIDE)
732SW (WEST SIDE)

CONCRETE BARRIER TYPE

AT ANCHORAGE
Abut Reinf
BUNDLE, Typ #6

AT ANCHORAGE
Abut Reinf
BUNDLE, Typ #6
Typ
B0-3
3-7

DRAIN OUTLETS
GEOCOMPOSITE B0-3
3-7
Typ
TYPE 836 ONLY)
(CONCRETE BARRIER

BLOCK TOP TAPER

APPROACH END
5675 RUFFIN ROAD SUITE 250, SAN DIEGO CA. 858-514-8377
BY
DESIGNED: OF
No. 66058
DATE
NO. REVISION DATE
DRAWN:

CHECKED:

SCALE
VERT:

HORIZ:

RECORD DRAWING DATE:

NO.

DWG.
$FILEABBREV$

CITY OF TWENTYNINE
PALMS

ENGINEERING DIVISION
6136 ADOBE ROAD,
TWENTYNINE PALMS, CA 92277
(760) 367-4890

SPLIT ROCK AVENUE

BRIDGE PROJECT
CAD FILE:

PROJECT NO. XXXXX
Exp. 6-30-24
31 NO. REVISION BY DATE

AS NOTED

AS NOTED
C. TORNACI
K. DANG
CIVIL

STATE OFCALIFORNIA
RE

GISTERED

PROFESSIONAL
ENG
IN
E
ER

CHARLES
G. TORNACI
S -
A. MOMENI

CHARLES TORNACI, PROJECT ENGINEER
8/9/2023

TYPICAL Abut Reinf
TYPICAL WINGWALL Reinf
#5 Tot 3
#5 Tot 3
#5 @ 9
2'-0"
#5 Tot 4
#5 Tot 4
3-#5
TYPICAL WINGWALL Reinf
#6 TOT 8 ** #6 Tot 7 **
#6 Tot 8 **
ABUTMENT DETAILS NO. 2
25 S - 7
TYPICAL VOID SLAB Reinf TYPICAL WINGWALL Reinf
TYPICAL WINGWALL Reinf
2'-0"
TYPICAL WINGWALL Reinf
#5 @ 9

DETAIL A
¾" = 1'-0"

SECTION A-A
¾" = 1'-0"

SECTION B-B
¾" = 1'-0"
#8 @ 6 *
#5 @ 9
#6 @ 12
2'-0"
#5 @ 9
*** PLACE PERPENDICULAR TO AND
** EXTEND TO EDGE OF ABUTMENT STEM.

POST TENSIONING ANCHORAGE.

HOOKS AND ADJUST AS NECESSARY TO CLEAR
#5 CROSS TIES ***
#8 @ 6 *
#6 @ 12 **
#5 @ 9
8'-0"
#5 @ 9
8'-0"
8'-0"
#5 @ 9
5675 RUFFIN ROAD SUITE 250, SAN DIEGO CA. 858-514-8377
BY
DESIGNED: OF
No. 66058
DATE
NO. REVISION DATE
DRAWN:

CHECKED:

SCALE
VERT:

HORIZ:

RECORD DRAWING DATE:

NO.

DWG.
$FILEABBREV$

CITY OF TWENTYNINE
PALMS

ENGINEERING DIVISION
6136 ADOBE ROAD,
TWENTYNINE PALMS, CA 92277
(760) 367-4890

SPLIT ROCK AVENUE

BRIDGE PROJECT
CAD FILE:

PROJECT NO. XXXXX
Exp. 6-30-24
31 NO. REVISION BY DATE

AS NOTED

AS NOTED
C. TORNACI
K. DANG
CIVIL

STATE OFCALIFORNIA
RE

GISTERED

PROFESSIONAL
ENG
IN
E
ER

CHARLES
G. TORNACI
S -
A. MOMENI

CHARLES TORNACI, PROJECT ENGINEER
8/9/2023

ABUTMENT DETAILS NO. 3
26 S - 8
ABUTMENT 1 SECTION AT STORM DRAIN
½" = 1'-0"
ABUTMENT 2 SECTION AT STORM DRAIN
½" = 1'-0"
X
X
Y
Y
Elev = 2009.87'
INVERT
Elev = 2010.46'
INVERT

STORM DRAIN
18" O RCP
36" O RCP STORM DRAIN

SECTION X-X
½" = 1'-0" SECTION Y-Y
½" = 1'-0"
TYPICAL Abut Reinf
2-#8 Tot 4
8'-3", Typ
#6 x 4'-6" Tot 2
2-#8 x 5'-6" Tot 4
Jt FILLER
1" Exp
Jt FILLER
1" Exp
1" Exp Jt FILLER
#6 x 6'-0" Tot 2 1" Exp Jt FILLER
#5 Tot 6
1'-0"
2-#8 Tot 4
#5 Tot 6
1'-0"
TYPICAL Abut Reinf
2-#8 x 7'-0" Tot 4
SEE NOTE 1
4'-0"
SEE NOTE 1
4'-0"
SEE NOTE 1
2'-0"
SEE NOTE 1
2'-0"
NOTE:

BUNDLE BARS AS REQUIRED.

OF UTILITY OPENING IF WALL HEIGHT PERMITS.

A MINIMUM OF 60 BAR DIAMETERS ABOVE THE TOP

SAME AS OTHER VERTICAL WALL REINFORCEMENT AND TO

EXTEND THE ADDITIONAL BARS INTO THE FOOTING THE
BARS CUT BY THE OPENING. PLACE HALF ON EACH SIDE.

VERTICAL BARS CORRESPONDING IN SIZE AND NUMBER TO

1. STANDARD VERTICAL REINFORCEMENT PLUS ADDITIONAL
10'-0", Typ
S = 1.00%
S = 1.52%
Elev = 2010.58'
INVERT AT Abut FACE
Elev = 2009.95'
INVERT AT Abut FACE

PRIOR TO BACKFILLING BEHIND WALL
SHOWN. ALLOW CONCRETE TO SET

EXPANSION JOINT MATERIAL AS

FORM CONCRETE AROUND PIPE OVER

TO BACKFILLING BEHIND WALL

AROUND PIPE OVER JOINT PRIOR

WRAP AND SECURE GEOTEXTILE
1 1
1 1

OF ABUTMENT

FRONT FACE

OF ABUTMENT

FRONT FACE

PRIOR TO BACKFILLING BEHIND WALL
SHOWN. ALLOW CONCRETE TO SET

EXPANSION JOINT MATERIAL AS

FORM CONCRETE AROUND PIPE OVER

TO BACKFILLING BEHIND WALL

AROUND PIPE OVER JOINT PRIOR

WRAP AND SECURE GEOTEXTILE
Typ
4" Min
Typ
4" Min
GEOCOMPOSITE DRAIN, Typ
GEOCOMPOSITE DRAIN, Typ
B0-3
3-7
DETAIL ON "ABUTMENT LAYOUT" SHEET
SEE "ABUTMENT TYPICAL SECTION"
FOR Reinf NOT SHOWN,
DETAIL ON "ABUTMENT LAYOUT" SHEET
SEE "ABUTMENT TYPICAL SECTION"
FOR Reinf NOT SHOWN,
B0-3
3-7
5675 RUFFIN ROAD SUITE 250, SAN DIEGO CA. 858-514-8377
BY
DESIGNED: OF
No. 66058
DATE
NO. REVISION DATE
DRAWN:

CHECKED:

SCALE
VERT:

HORIZ:

RECORD DRAWING DATE:

NO.

DWG.
$FILEABBREV$

CITY OF TWENTYNINE
PALMS

ENGINEERING DIVISION
6136 ADOBE ROAD,
TWENTYNINE PALMS, CA 92277
(760) 367-4890

SPLIT ROCK AVENUE

BRIDGE PROJECT
CAD FILE:

PROJECT NO. XXXXX
Exp. 6-30-24
31 NO. REVISION BY DATE

AS NOTED

AS NOTED
C. TORNACI
K. DANG
CIVIL

STATE OFCALIFORNIA
RE

GISTERED

PROFESSIONAL
ENG
IN
E
ER

CHARLES
G. TORNACI
S -
A. MOMENI

CHARLES TORNACI, PROJECT ENGINEER
8/9/2023

1'-0" 1'-9"
GRADE

PROFILE
-2%
#5 Tot 2, Typ
#5 PLACED AS SHOWN
#7 PLACED AS SHOWN
P/S DUCT, Typ
18" O VOID, Tot 20

DUCT SPACING

AND VOID TIE DOWNS

CONTRACTOR DESIGNED FALSEWORK
*
*
Typ
1'-4½"
#5 @ 12. PLACE TRANSVERSE SLAB
B8-5

FLOATING DURING PLACEMENT

PREVENT VOIDS FROM
LONGITUDINAL Reinf TO VOIDS TO

DOWN TO FALSEWORK, AND TIE
TIE LONGITUDINAL Reinf
12'-0" 12'-0"
48'-9"
2'-9"
@ P/S DUCT, Typ
#5 STIRRUPS
SEE "GIRDER LAYOUT" SHEET
#5 @ 12. PLACE TRANSVERSE SLAB
-2%
2" Clr Typ
B11-58
#5 STIRRUPS, Typ
#7 Tot 3, Typ
1" CHAMFER, Typ
27 TYPICAL SECTION S - 9

TUBULAR HANDRAILING
TYPE 732SW WITH

CONCRETE BARRIER

WITH TUBULAR BICYCLE RAILING
CONCRETE BARRIER TYPE 836

TYPICAL SECTION
⅜" = 1'-0"

VOID HOLD DOWN DETAIL
⅜" = 1'-0"
10'-0" 6'-0" 6'-0"

EACH STIRRUPS
#9 Tot 2 AT

AT EACH STIRRUP
#4 @ 12 Max
B11-59
B11-51

HANDRAILING

TUBULAR
SHEET
"TUBULAR BICYCLE RAILING DETAILS"

TUBULAR BICYCLE RAILING, SEE
B11-79 B11-80

OPENINGS

FUTURE UTILITY
SEE "GIRDER LAYOUT" SHEET
5675 RUFFIN ROAD SUITE 250, SAN DIEGO CA. 858-514-8377
BY
DESIGNED: OF
No. 66058
DATE
NO. REVISION DATE
DRAWN:

CHECKED:

SCALE
VERT:

HORIZ:

RECORD DRAWING DATE:

NO.

DWG.
$FILEABBREV$

CITY OF TWENTYNINE
PALMS

ENGINEERING DIVISION
6136 ADOBE ROAD,
TWENTYNINE PALMS, CA 92277
(760) 367-4890

SPLIT ROCK AVENUE

BRIDGE PROJECT
CAD FILE:

PROJECT NO. XXXXX
Exp. 6-30-24
31 NO. REVISION BY DATE

AS NOTED

AS NOTED
C. TORNACI
K. DANG
CIVIL

STATE OFCALIFORNIA
R
E
GIS
T
ERED

PROFESSIONAL
EN
GINEE
R

CHARLES
G. TORNACI
S -
A. MOMENI

CHARLES TORNACI, PROJECT ENGINEER
8/9/2023

EDGE OF DECK

EDGE OF DECK
Typ
3'-6"
BB EB
2'-7"
2'-0" 2'-0"
L Abut 1
Camber Line
CC
Does not include allowance
for falsework settlement ¼ span ½ span ¾ span L Abut 2
Profile Line

0.12'

0.17'
LI

0.5LI

NO MOVEMENT

DENOTES POINT OF
3" 3"

STIRRUP SPACING
@ 12
#5 OR
8"
@ 6
12 @ 6
12 GIRDER LAYOUT
S - 10
�" = 1'-0"

CABLE PATH

NO SCALE

NO SCALE

CAMBER DIAGRAM
2'-7"
2'-0"
2'-7"
2'-0"
2'-7"
2'-0"
2'-7"
2'-0"
2'-7"
2'-0"
2'-7"
2'-0"
2'-7"
2'-0"
2'-7"
2'-0"

VOID SPACING
2'-7"
2'-0"
2'-7"
2'-0"
2'-7"
2'-0"
2'-7"
2'-0"
2'-0"
2'-7"
2'-0"
2'-7"
2'-0"
2'-0"
1'-8⅜"
2'-7"

VOID SPACING
23 Typ
3'-6"
28 PLAN
4'-7" 4'-7" 4'-7" 4'-2¼" 4'-7" 4'-7" 4'-7" 4'-7" 4'-7" DUCT SPACING 2'-0"
1'-8⅜"
2'-0"
1'-4½" 1'-4½"
=
14 Anchor Set
Total Number of Ducts
Contractor shall submit elongation calculations
based on initial stress at
One end stressing shall be performed from Abut 1
c
ci
Concrete: f'
f' =

5.0 3.5
ksi @ 28 days
ksi @ time of stressing
= times jacking stress.
270 KSI low Relaxation Strand:
kips
=
k = 0.0002 = 0.15
= ⅜ in.
the ratio of 10 to 9
between any two ducts shall not exceed exceed
The final force ratio (larger divided by smaller)
jack
P = 9190

0.904
PRESTRESSING NOTES 0.12'
Abut 2
2'-9"
2'-9"
LIMITS OF #5 @ 12 TRANSVERSE REINFORCEMENT

TRANSVERSE REINFORCEMENT
10⅝" 10⅝"
4¾"
4'-7"
5675 RUFFIN ROAD SUITE 250, SAN DIEGO CA. 858-514-8377
BY
DESIGNED: OF
No. 66058
DATE
NO. REVISION DATE
DRAWN:

CHECKED:

SCALE
VERT:

HORIZ:

RECORD DRAWING DATE:

NO.

DWG.
$FILEABBREV$

CITY OF TWENTYNINE
PALMS

ENGINEERING DIVISION
6136 ADOBE ROAD,
TWENTYNINE PALMS, CA 92277
(760) 367-4890

SPLIT ROCK AVENUE

BRIDGE PROJECT
CAD FILE:

PROJECT NO. XXXXX
Exp. 6-30-24
31 NO. REVISION BY DATE

AS NOTED

AS NOTED
C. TORNACI
K. DANG
CIVIL

STATE OFCALIFORNIA
R
E
GIS
T
ERED

PROFESSIONAL
EN
GINEE
R

CHARLES
G. TORNACI
S -
A. MOMENI

CHARLES TORNACI, PROJECT ENGINEER
8/9/2023

RAILING DETAILS

TUBULAR BICYCLE
S - 11
29 TUBE EXPANSION JOINT DETAILS

NO SCALE

WELDED SPLICE DETAIL
TYPE 836

TUBE CONNECTION DETAIL

BASE PLATE DETAIL

SHIM DETAILS

RAIL CAP DETAIL

SLEEVE DETAIL

ELEVATION

NO SCALE

NO SCALE

NO SCALE

NO SCALE NO SCALE
NOTES:

NO SCALE
B
B

DETAIL A
1" = 1'-0"

SECTION B-B
(MEMBER NOT SHOWN)
¼"
R=30"
R=40"
BC
3'-3" 4'-0" Min - 6'-7" C-C Max
1"

CONCRETE BARRIER

TOP OF DESIGNATED

ELECTROLIER
2'-4"
7"

SEE END BLOCK POST
SEE NOTE 3

EXPANSION JOINT,

SEE TUBE EXPANSION JOINT DETAILS
Min
1'-4"

FOR DESIGNATED BARRIER

SEE ELECTROLIER DETAILS

RAIL TUBE

SLIDING FIT INSIDE OF
 BENT THUS FOR
SLEEVE FORMED OF ¼"

AND FAR SIDE
½"Á HOLES NEAR
1�"

DETAILS

CONNECTION

SEE TUBE
TYPE 736
11"
9"
11"
9"
6"6"
4'-6
"DETAIL A"
SEE

DETAILS
PLATE

SEE BASE

DETAILS

SEE SHIM
5⅛"
3⅜"
HSS 2 X 2 X �
HSS 2 X 2 X �
HSS 3 X 3 X �
1'-3"

WITH LOCK WASHER
FOR ⅜"Á HEX BOLT

INSIDE OF SLEEVE
TACK WELD ⅜"Á NUT
2"
6"
1'-0"

NO SCALE

SLOTTED HOLE
½" X 2"

BACKUP PLATE
G
60°
@ 45°

VENT HOLE
G
¾"
�" PLATE
½" OR

MATCH JOINT
2½"
SLEEVE

END OF SLOTTED HOLE
⅜" HS BOLT
3 SIDES
60°
G
Typ SECTIONS

VARIES SEE
8¼"
¼"
1�" 5⅛"
1�" 5⅛"
8¼"
1�" X 1⅝" SLOT
 8¼ X 8¼ X ½
PLATE WASHERS, Tot 4
LONG W/NUTS AND 2" Á
⅝" Á THREADED ROD 12"
45°
¼
CL
 ⅛" X 2¼" X 8"
1⅝"
1�"
1�" 5⅛"
B11-79

B11-80

5. 4.

3. 2.

1. railing.

See Project Plans for limits of tubular bicycle
liers, or other rail discontinuities as noted.
is permitted near deck or wall joints, electrothan two posts except a short post spacing Top rail tube must be continuous over not less
width and increase sleeve length correspondingly.
joint width in tubes to match expansion joint
tubes spanning deck or wall joints. Increase
Tube expansion joints must be located in the
than 950'.
to fit horizontal curve when radius is less
Rail tubes must be shop bent or fabricated
Post must be normal to railing.

TYPE 80TYPE 732
EXTEND HSS 2 X 2 X �, 1'-0"

PLATE WASHER
SCREW W/NUT, & 2" Á
½" Á ROUND HEAD

NO SCALE

NO SCALE
5675 RUFFIN ROAD SUITE 250, SAN DIEGO CA. 858-514-8377
BY
DESIGNED: OF
No. 66058
DATE
NO. REVISION DATE
DRAWN:

CHECKED:

SCALE
VERT:

HORIZ:

RECORD DRAWING DATE:

NO.

DWG.
$FILEABBREV$

CITY OF TWENTYNINE
PALMS

ENGINEERING DIVISION
6136 ADOBE ROAD,
TWENTYNINE PALMS, CA 92277
(760) 367-4890

SPLIT ROCK AVENUE

BRIDGE PROJECT
CAD FILE:

PROJECT NO. XXXXX
Exp. 6-30-24
31 NO. REVISION BY DATE

AS NOTED

AS NOTED
C. TORNACI
K. DANG
CIVIL

STATE OFCALIFORNIA
R
E
GIS
T
ERED

PROFESSIONAL
EN
GINEE
R

CHARLES
G. TORNACI
S -
A. MOMENI

CHARLES TORNACI, PROJECT ENGINEER
8/9/2023

30 31
4 SPLIT ROCK AVENUE BRIDGE PROJECT

31 31

SPLIT ROCK AVENUE BRIDGE PROJECT
4

28314.00001\30005191.2

CITY OF TWENTYNINE PALMS

SPLIT ROCK AVENUE BRIDGE
FEDERAL-AID PROJECT NUMBER: BR-NBIL (533)

BID AND CONTRACT DOCUMENTS

28314.00001\30005191.2 (i)

TABLE OF CONTENTS
Page No.

SECTION 100 – NOTICE INVITING BIDS ................................................................................ 1 SECTION 200 – INSTRUCTIONS TO BIDDERS ...................................................................... 5 SECTION 300 – BID FORM ...................................................................................................... 13 SECTION 305 – CONTRACTOR’S CERTIFICATE REGARDING WORKERS’ COMPENSATION ......................................................................................... 18 SECTION 310 – BID BOND ...................................................................................................... 19 SECTION 320 – NON-COLLUSION DECLARATION............................................................ 22 SECTION 330 – BIDDER INFORMATION AND EXPERIENCE FORM .............................. 23 SECTION 340 – DESIGNATION OF SUBCONTRACTORS .................................................. 30 SECTION 350 – IRAN CONTRACTING ACT CERTIFICATION .......................................... 32 SECTION 400 – CONTRACT FOR CONSTRUCTION ........................................................... 33 SECTION 510 – PERFORMANCE BOND ................................................................................ 47 SECTION 520 – PAYMENT BOND .......................................................................................... 52 SECTION 600 – GENERAL CONDITIONS.............................................................................. 57 SECTION 700 – SPECIAL CONDITIONS .............................................................................. 106

REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION
CONTRACTS ............................................................................................... 122 TECHNICAL SPECIFICATIONS ............................................................................................ 140 PLANS AND DRAWINGS ....................................................................................................... 184

ATTACHMENT A STATE AND FEDERAL FUNDING DOCUMENTS AND
RELATED AGREEMENTS ......................................................................... 214

28314.00001\30005191.2 - 1 -
SECTION 100 – NOTICE INVITING BIDS
The City of Twentynine Palms (“City”) will receive sealed bids for Split Rock Avenue Bridge (“Project”) at the office of the City Clerk no later than Month Day, at XX:XXam, 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.

REQUESTS FOR INFORMATION: All requests for information (RFI) must be submitted in writing and received no later than Month Day at XX:XXpm. Questions can be sent by email to [email protected] or by mail to:

City of Twentynine Palms
Split Rock Avenue Bridge
Engineering Department
6136 Adobe Road, Twentynine Palms, CA 92277
DESCRIPTION OF WORK: The Project generally consists of providing necessary labor, equipment and materials to replace the low water crossing on Split Rock Avenue, just north of State Route 62, with a bridge over the Twentynine Palms Flood Control Channel. In addition, the contractor will provide sidewalk, curb and gutter, signing and striping, storm drain, and channel improvements as specified in these specifications and the special provisions, and as directed by the City Engineer. Work on the Project shall be completed within 220 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. Please note that in order to be considered a plan holder, Contractor must still register as a plan holder on ebidboard.com. A hard copy of the bid documents will be available for review at the City Clerk’s office.

ENGINEER’S ESTIMATE: $6,608,500
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 of the 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 of 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.

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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 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 22%. 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: A
CHANGED CONDITIONS:

A. Differing Site Conditions

1. During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the contract or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract, are encountered at the site, the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before the site is disturbed and before the affected work is

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performed.

2. Upon written notification, the engineer will investigate the conditions, and if it is determined that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment, excluding anticipated profits, will be made and the contract modified in writing accordingly. The engineer will notify the contractor of the determination whether or not an adjustment of the contract is warranted.

3. No contract adjustment which results in a benefit to the contractor will be allowed unless the contractor has provided the required written notice.

4. No contract adjustment will be allowed under this clause for any effects caused on unchanged work. [This provision may be omitted by the Local City, at their option.] B. Suspensions of Work Ordered by the Engineer

1. If the performance of all or any portion of the work is suspended or delayed by the engineer in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the contractor believes that additional compensation and/or contract time is due as a result of such suspension or delay, the contractor shall submit to the engineer in writing a request for adjustment within 7 calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment.

2. Upon receipt, the engineer will evaluate the contractor's request. If the engineer agrees that the cost and/or time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the contractor, its suppliers, or subcontractors at any approved tier, and not caused by weather, the engineer will make an adjustment (excluding profit) and modify the contract in writing accordingly. The contractor will be notified of the engineer's determination whether or not an adjustment of the contract is warranted.

3. No contract adjustment will be allowed unless the contractor has submitted the request for adjustment within the time prescribed.

4. No contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided or excluded under any other term or condition of this contract.

C. Significant Changes in the Character of Work

1. The engineer reserves the right to make, in writing, at any time during the work, such changes in quantities and such alterations in the work as are necessary to satisfactorily complete the project. Such changes in quantities and alterations shall not invalidate the contract nor release the surety, and the contractor agrees to perform the work as altered.

2. If the alterations or changes in quantities significantly change the character of the work under the contract, whether such alterations or changes are in themselves significant changes to

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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

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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 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. To this end, a Pre-Bid Conference and Site Walk will be held on the date(s) and time(s) indicated in the Notice Inviting Bids.

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

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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
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.

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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.

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: Split Rock Avenue Bridge
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

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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
The successful bidder shall procure and maintain insurance in the form and in the amount specified in the Contract Documents.

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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 of the required bonds, evidence of insurance and other materials. Once the City receives all of 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.

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23. IRAN CONTRACTING ACT CERTIFICATION
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.

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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.

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

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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:

Split Rock Avenue Bridge
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
No. (F/P) ITEM

CODE ITEM DESCRIPTION UNIT OF MEASURE

ESTIMATED

QUANTITY UNIT PRICE AMOUNT
1 130000A

PLACEMENT AND

MAINTENANCE OF STORM

WATER POLLUTION PLAN
(SWPPP)
LS 1
2 120100A PROJECT IDENTIFICATION
SIGN EA 2
3 120000A TEMPORARY TRAFFIC
CONTROL LS 1
4 398200 COLD PLANE ASPHALT
CONCRETE PAVEMENT SQYD 325
5 398300 REMOVE BASE AND
SURFACING CY 32
6 160110 TEMPORARY HIGHVISIBILITY FENCE LF 2,220
7 160111A TEMPORARY HIGHVISIBILITY STAKING LF 380
8 170103 CLEARING AND GRUBBING LS 1
9 198050 ROADWAY EMBANKMENT CY 1,380
10 190151 CHANNEL EXCAVATION CY 17,625
11 390132 HOT MIX ASPHALT (TYPE A) TON 663
12 260203 CLASS 2 AGGREGATE BASE CY 8
13 510502 MINOR CONCRETE (MINOR
STRUCTURE) CY 171
14 723080

ROCK SLOPE PROTECTION
(60 LB, CLASS II, METHOD B)
(CY)
CY 3,275
15 723070

ROCK SLOPE PROTECTION
(150 LB, CLASS III, METHOD

B) (CY)
CY 164
16 723120A
PARTIALLY GROUTEDROCK SLOPE PROTECTION
(150 LB, CLASS III, METHOD
CY 2,820

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No. (F/P) ITEM

CODE ITEM DESCRIPTION UNIT OF MEASURE

ESTIMATED

QUANTITY UNIT PRICE AMOUNT

B) (CY)
17 723215

CONCRETED-ROCK SLOPE
PROTECTION (1/4 T, CLASS

V, METHOD B) (CY)
CY 3,095
18 723200

CONCRETED-ROCK SLOPE
PROTECTION (1/2 T, CLASS

VII, METHOD B) (CY)
CY 4,220
19 731521 MINOR CONCRETE
(SIDEWALK) SQYD 245
20 731516 MINOR CONCRETE
(DRIVEWAY) SQYD 74
21 650014 18" REINFORCED
CONCRETE PIPE LF 213
22 650018 24" REINFORCED
CONCRETE PIPE LF 195
23 710237A HEADWALL WING - TYPE EA 1
24 710246A TYPE A CATCH BASIN EA 3
25 710252A STORM DRAIN CLEANOUT
TYPE A7 EA 1
26 710253A MANHOLE EA 1
27 750001 MISCELLANEOUS IRON AND
STEEL LB 1,775
28 729011 ROCK SLOPE PROTECTION
FABRIC (CLASS 8) SQYD 10,300
29 650022 30" REINFORCED
CONCRETE PIPE LF 26
30 650026 36" REINFORCED
CONCRETE PIPE LF 26
31 192003 STRUCTURE EXCAVATION
(BRIDGE) CY 206
32 193003 STRUCTURE BACKFILL
(BRIDGE) CY 134
33 490528 FURNISH STEEL PILING (HP
14 X 89) LF 1,042
34 490529 DRIVE STEEL PILE(HP 14 X
89) EA 24
35 500001 PRESTRESSING CAST-INPLACE CONCRETE LS 1
36 510053 STRUCTURAL CONCRETE,
BRIDGE CY 150
37 510054 STRUCTURAL CONCRETE,
BRIDGE (POLYMER FIBER) CY 279
38 520102 BAR REINFORCING STEEL
(BRIDGE) LB 81,531
39 833088 TUBULAR HANDRAILING LF 195
40 839719 CONCRETE BARRIER (TYPE
732SW) LF 98
41 839741 CONCRETE BARRIER (TYPE
836) LF 98
42 731504 MINOR CONCRETE (CURB
AND GUTTER) CY 29

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No. (F/P) ITEM

CODE ITEM DESCRIPTION UNIT OF MEASURE

ESTIMATED

QUANTITY UNIT PRICE AMOUNT
43 394073 PLACE ASPHALT
CONCRETE DIKE LF 360
44 803060 REMOVE GATE EA 4
45 840000A SIGNING AND STRIPING LS 1
46 800360 FENCE (TYPE CL-6) LF 400
47 802620 16' CHAIN LINK GATE (TYPE
CL-6) EA 2
48 999990 MOBILIZATION (10%) 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.

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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.

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. _______________________

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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

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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

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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 Split Rock Avenue Bridge.

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
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate)
Title

- 20 -
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.

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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.

END OF BID BOND

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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

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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: ________________________________

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6.6. Treasurer’s Name: ________________________________

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

7.1. Date of Organization: _________________________________

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:
___________________________________________________________ ___________________________________________________________

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13.0 List Trade References:
___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________

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

15.0 Name of Bonding Company and Name and Address of Agent:
___________________________________________________________ ___________________________________________________________ ___________________________________________________________ [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]

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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

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C. LIST OF COMPLETED PROJECTS - LAST THREE YEARS
***Note to Bidders: Duplicate Page if needed for listing additional completed projects.*** Please include only projects that are similar in size, scope, and complexity to the Work to demonstrate Bidder’s ability to perform the required Work.

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

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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:
___________________________________________________________ ___________________________________________________________ ___________________________________________________________

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.

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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

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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

- 31 -
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

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SECTION 350 – IRAN CONTRACTING ACT CERTIFICATION
(PUBLIC CONTRACT CODE SECTION 2200 ET SEQ.)
As required by California Public Contract Code section 2204, the Contractor certifies subject to penalty for perjury that the option checked below relating to the Contractor’s status in regard to the Iran Contracting Act of 2010 (Public Contract Code section 2200 et seq.) is true and correct:
☐ The Contractor is not:
(i) 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 (ii) 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, City 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.

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SECTION 400 – CONTRACT FOR CONSTRUCTION

CONTRACT AGREEMENT
FOR
- PROJECT

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 CITY, and , as CONTRACTOR.

WITNESSETH that CITY 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 CITY, 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
CITY 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

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referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Contract Documents.

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

- 35 -
and the work thereunder, to utilize the provisions of Civil Code Section 47(b) in any action, proceeding, or prosecution pursuant to California False Claims Act, Government Code Section 12650 et seq.

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

CITY 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 CITY 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:

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

To CONTRACTOR: __________________
__________________
__________________
__________________

ARTICLE XII
The CITY 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 CITY.

ARTICLE XIII
Nothing contained in this Contract shall create any contractual relationship between any Subcontractor and the CITY. 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 CITY 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 CITY 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 CITY. CONTRACTOR shall not incur or have the power to incur any debt, obligation, or liability whatever against CITY, or bind CITY 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, CITY 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 CITY 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

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INDEMNIFICATION

(a) Indemnification
To the fullest extent permitted by law, CONTRACTOR shall protect, indemnify, defend and hold harmless CITY 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 CITY to monitor compliance with these requirements imposes no additional obligations on CITY and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend CITY 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 CITY under any provision of this Agreement, CONTRACTOR shall not be required to indemnify, defend, or hold harmless CITY from such liability, claims. losses, damages, or expenses arising from CITY’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 CITY in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to CITY.

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 CITY's Request for Proposal and CONTRACTOR's submitted proposal are subordinate to and superseded by the requirements contained in this Section to the extent that any provision or portion thereof conflicts with or impairs these requirements or any obligation to or right under or pursuant to these insurance requirements. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties to be interpreted as such.
(a) Minimum Scope of Insurance. Coverage shall be at least as broad as:

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(1) Commercial General Liability Insurance – Written on the Insurance Services Office “Commercial General Liability” policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross-liability exclusion for claims or suits by one insured against another.
(2) Business Auto Coverage –Written on the ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. If CONTRACTOR owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If CONTRACTOR or CONTRACTOR’s employees will use personal autos in any way on this project, CONTRACTOR shall provide evidence of personal auto liability coverage for each person.

(3) CONTRACTOR certified that the company does not have employees and does have Workers’ Compensation/ employer’s Liability Insurance. As soon as the CONTRACTOR has employees, he/she will have the insurance below:

Workers' Compensation/Employer's Liability Insurance - Written on a policy form providing workers' compensation statutory benefits as required by the State of California. Employer's Liability limits shall be no less than one million 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 CITY, its officers, officials, employees, or agents.
(4) Professional Liability or Errors and Omissions Insurance as appropriate to the CONTRACTOR’s profession - Written on policy form coverage specifically designed to protect against acts, errors, or omissions of the CONTRACTOR and “Covered Professional Services” as designated in the policy must specifically include work performed under this agreement.

(b) Minimum Limits of Insurance. CONTRACTOR shall maintain limits no less than:
(1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
(2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage.

(3) Errors and Omissions Liability: The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer’s duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Insurance shall continue to be effective to cover all claims made within three (3) years of the completion of the work in the Agreement.

(4) Excess or Umbrella Liability Insurance (Over Primary): If used to meet limit

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requirements, it shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop-down provision providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured’s liability is determined, not requiring actual payment by the insured first. There shall be no cross-liability exclusion precluding coverage for claims or suits by one insured against another.

Coverage shall be applicable to CITY for injury to employees of CONTRACTOR, subcontractors or others involved in the Work. The scope of coverage provided is subject to approval of CITY following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than per occurrence. (c) Deductibles and Self-Insured Retention. CONTRACTOR agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any CONTRACTOR, subcontractors, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to CITY. If CONTRACTOR’s existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the CITY. At that time, the CITY shall review options with the CONTRACTOR, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or the CONTRACTOR to procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses or other solutions. Any deductibles in excess of ten percent (10%) or self-insured retention must be approved by the City Manager.
(d) Other Insurance Provisions. The general liability, business auto liability, and any necessary umbrella liability policies are to contain, or be endorsed to contain, the following provisions:
(1) General liability and umbrella policies shall cover the CITY, 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 CITY, 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 CITY, 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 CITY. 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 CITY, its officers, officials, employees,

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agents, and volunteers. Any insurance or self-insurance maintained by the CITY, 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 CITY, its officers, officials, employees, agents, or volunteers.
(4) The CONTRACTOR's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability, and there shall be no cross-liability exclusions that preclude coverage for suits between CONTRACTOR and CITY or between CITY and any other insured. CONTRACTOR expressly waives any claim against CITY 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 CITY 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 CITY or its operations limits the application of such insurance coverage. (7) The CITY 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 CITY will negotiate additional compensation proportional to the increased benefit to CITY. (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 CITY to inform CONTRACTOR of non-compliance with any insurance requirement in no way imposes any additional obligations on CITY 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 CITY and approved of in writing.

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(11) No liability policy shall contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured or of any CONTRACTOR or subcontractor.
(12) All coverage types and limits required are subject to approval, modification, and additional requirements by the CITY, 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 CITY’s protection without CITY’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 CITY, 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 CITY or CONTRACTOR for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to CITY. It is not the intent of CITY to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against CITY for payment of premiums or other amounts with respect thereto.

(e) Acceptability of Insurers. Insurance is to be placed with insurers authorized and admitted to do business in California and with a current A.M. Best's rating of A or better and a financial size of VII or greater, unless otherwise acceptable to the CITY.
(f) Verification of Coverage and Notice of Cancellation. (1) CONTRACTOR shall immediately furnish to CITY certificates of insurance or endorsements, satisfactory to CITY, 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 CITY 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 CITY 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

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acceptable to CITY or copies of insurance certificates or endorsements are not provided, CITY shall have no obligations to compensate CONTRACTOR for such work unless CONTRACTOR possesses a notice to proceed from CITY 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 CITY 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, CITY 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 CITY. Any premium for such coverage shall be charged to and promptly paid by CONTRACTOR or, at CITY'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 CITY 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 CITY, 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 CITY 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 CITY within five days of the expiration of the coverages.
(g) Notice of Claim or Loss. CONTRACTOR agrees to provide immediate notice to CITY of any claim or loss likely to involve CITY 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. CITY 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 CITY.
(h) Sub-Contractor Insurance Requirements. CONTRACTOR agrees to require that all parties, including but not limited to Sub-Contractors and additional CONTRACTORS or professional services with whom CONTRACTOR enters into contracts or whom CONTRACTOR hires pursuant to or in any way related to the performance of this Agreement, provide the insurance coverage required here, at a minimum.

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

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

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

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ARTICLE XVII
This Contract is entered into for the sole benefit of CITY 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.

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CONTRACTOR:

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

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

CITY 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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(ALL SIGNATURES MUST BE NOTARIZED AND CORPORATE SEALS AFFIXED, IF APPLICABLE)

END OF CONTRACT

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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:

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(2) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(3) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. (4) 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]

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

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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.

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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.

END OF PERFORMANCE BOND

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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.

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

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IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title
(Attach Acknowledgment Form)
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate)
Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.

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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.

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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.

END OF PAYMENT BOND

TABLE OF CONTENTS
Page
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SECTION 600 – GENERAL CONDITIONS
Article 1. DEFINITIONS ................................................................................................ 60 Article 2. CONTRACT DOCUMENTS ......................................................................... 61

2.1 GENERAL ........................................................................................................... 61

2.2 COPIES & MAINTENANCE ............................................................................. 62

2.3 OWNERSHIP OF DRAWINGS.......................................................................... 62

2.4 DETAIL DRAWINGS AND INSTRUCTIONS ................................................. 62 Article 3. EXISTENCE OF UTILITIES AT THE SITE ................................................ 63

3.1 EXISTING UTILITIES ....................................................................................... 63

3.2 UTILITY LOCATION ........................................................................................ 63

3.3 UTILITY RELOCATION AND REPAIR .......................................................... 64 Article 4. SCHEDULE .................................................................................................... 65 Article 5. SUBSTITUTIONS .......................................................................................... 66 Article 6. SUBMITTALS ................................................................................................ 67

6.1 GENERAL ........................................................................................................... 67

6.2 SHOP DRAWINGS ............................................................................................. 68 Article 7. MATERIALS .................................................................................................. 68 Article 8. CONTRACTOR’S SUPERVISION ............................................................... 69 Article 9. WORKERS ..................................................................................................... 69 Article 10. SUBCONTRACTORS .................................................................................... 69 Article 11. PERMITS AND LICENSES........................................................................... 69 Article 12. UTILITY USAGE ........................................................................................... 70 Article 13. INSPECTION FEES FOR PERMANENT UTILITIES ................................. 70 Article 14. TRENCHES .................................................................................................... 70

14.1 TRENCHES FIVE FEET OR MORE IN DEPTH .............................................. 70

14.2 EXCAVATIONS DEEPER THAN FOUR FEET ............................................... 71 Article 15. DIVERSION OF RECYCLABLE WASTE MATERIALS ........................... 71 Article 16. REMOVAL OF HAZARDOUS MATERIALS ............................................. 72 Article 17. SANITARY FACILITIES .............................................................................. 72 Article 18. AIR POLLUTION CONTROL....................................................................... 72

TABLE OF CONTENTS
(continued)
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Article 19. COMPLIANCE WITH STATE STORM WATER PERMIT ........................ 73 Article 20. CLEANING UP .............................................................................................. 74 Article 21. LAYOUT AND FIELD ENGINEERING ...................................................... 74 Article 22. NOISE ............................................................................................................. 74 Article 23. TESTS AND INSPECTIONS ......................................................................... 74 Article 24. PROTECTION OF WORK AND PROPERTY ............................................. 75 Article 25. CONTRACTORS MEANS AND METHODS .............................................. 77 Article 26. INSPECTOR’S FIELD OFFICE .................................................................... 77 Article 27. AUTHORIZED REPRESENTATIVES ......................................................... 77 Article 28. LABOR ........................................................................................................... 78

28.1 HOURS OF WORK ............................................................................................. 78

28.2 PAYROLL RECORDS ........................................................................................ 78

28.3 PREVAILING RATES OF WAGES................................................................... 79

28.4 PUBLIC WORKS CONTRACTOR REGISTRATION ...................................... 80

28.5 EMPLOYMENT OF APPRENTICES ................................................................ 80

28.6 NONDISCRIMINATION/EQUAL EMPLOYMENT
OPPORTUNITY/EMPLOYMENT ELIGIBILITY ............................................ 80

28.7 LABOR/EMPLOYMENT SAFETY ................................................................... 81 Article 29. insurance ......................................................................................................... 82

29.1 WORKERS’ COMPENSATION INSURANCE ................................................ 82

29.2 EMPLOYER’S LIABILITY INSURANCE ........................................................ 82

29.3 COMMERCIAL GENERAL LIABILITY INSURANCE .................................. 82

29.4 AUTOMOBILE LIABILITY INSURANCE ...................................................... 83

29.5 BUILDER’S RISK [“ALL RISK”] ..................................................................... 84

29.6 FORM AND PROOF OF CARRIAGE OF INSURANCE ................................. 84 Article 30. TIME FOR COMPLETION AND LIQUIDATED DAMAGES ................... 86 Article 31. PAYMENT ..................................................................................................... 87

31.1 COST BREAKDOWN AND PERIODIC ESTIMATES .................................... 87

31.2 MOBILIZATION ................................................................................................ 88

31.3 PAYMENTS ........................................................................................................ 89

TABLE OF CONTENTS
(continued)
Page
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31.4 PAYMENTS WITHHELD AND BACKCHARGES ......................................... 89 Article 32. CHANGES AND EXTRA WORK ................................................................. 90

32.1 CHANGE ORDER WORK ................................................................................. 90

32.2 COST PROPOSALS ............................................................................................ 91 Article 33. OCCUPANCY ................................................................................................ 94 Article 34. INDEMNIFICATION ..................................................................................... 94 Article 35. RECORD (“AS BUILT”) DRAWINGS ......................................................... 95 Article 36. RESOLUTION OF CONSTRUCTION CLAIMS ......................................... 95 Article 37. CITY’S RIGHT TO TERMINATE CONTRACT .......................................... 97

37.1 TERMINATION FOR CAUSE: .......................................................................... 97

37.2 TERMINATION FOR CONVENIENCE: .......................................................... 98

37.3 SAVINGS CLAUSE .......................................................................................... 100

37.4 EXCEPTION ..................................................................................................... 101 Article 38. WARRANTY AND GUARANTEE ............................................................ 101 Article 39. DOCUMENT RETENTION & EXAMINATION ....................................... 102 Article 40. SOILS INVESTIGATIONS ......................................................................... 102 Article 41. SEPARATE CONTRACTS .......................................................................... 102 Article 42. NOTICE AND SERVICE THEREOF .......................................................... 103 Article 43. NOTICE OF THIRD PARTY CLAIMS ...................................................... 103 Article 44. STATE LICENSE BOARD NOTICE .......................................................... 103 Article 45. INTEGRATION ............................................................................................ 103 Article 46. ASSIGNMENT ............................................................................................. 104 Article 47. CHANGE IN NAME AND NATURE OF CONTRACTOR’S LEGAL ENTITY ........................................................................................................ 104 Article 48. ASSIGNMENT OF ANTITRUST ACTIONS ............................................. 104 Article 49. PROHIBITED INTERESTS ......................................................................... 104 Article 50. LAWS AND REGULATIONS ..................................................................... 105 Article 51. PATENT FEES OR ROYALTIES ............................................................... 105 Article 52. NOTICE OF TAXABLE POSSESSORY INTEREST ................................ 105

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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 the work. Except for Sections 1-9 of the State of California Department of Transportation Standard Specifications and Standard

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Specifications for Public Works Construction (“Standard Specifications”) 2018 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 for Public Works Construction and the State of California Department of Transportation Standard Specifications, the State of California Department of Transportation Standard Specifications shall prevail. 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 Forms
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

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b. Detail drawings govern over general drawings
c. Addenda or Change Order drawings govern over Contract Drawings d. Contract Drawings govern over Standard Drawings
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 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, __3__ copies 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.

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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.

ARTICLE 3. EXISTENCE OF UTILITIES AT THE SITE

3.1 EXISTING UTILITIES

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

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to 60kv, or hazardous materials pipelines that are potentially hazardous to workers or the public if damaged.”

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

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

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

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

3.3 UTILITY RELOCATION AND REPAIR

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

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.

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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

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

3. Schedule Contents. The schedule shall allow enough time for inclement weather that can reasonably be expected at the Site. The schedule shall indicate the beginning and completion dates of all phases of construction; critical path for all critical, sequential time related activities; and “float time” for all “slack” or “gaps” in the non-critical activities. The schedule shall clearly identify all staffing and other resources which in the Contractor’s 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

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article shall rest with the Contractor. The City has the complete and sole discretion to determine if a material, process, or article is an “equal” material, process or article that may be substituted. Contractor shall furnish the specified item without change in the Contract Price if the City rejects the proposed substitution.

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

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

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

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

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.

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

Work shall be in accordance with approved samples and submittals.

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

6.2 SHOP DRAWINGS

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

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

ARTICLE 7. MATERIALS

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

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

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

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

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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

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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.

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

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

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

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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.

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 City 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.

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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. 2009- 0009-DWQ as modified by Order No. 2010-0014-DWQ, National Pollutant Discharge Elimination System General Permit for Waste Discharge Requirements for Discharges of Storm Water Discharges Associated with Construction Activity (“NPDES Permit”) for all construction activity which results in the disturbance of in excess of one acre of total land area or which is part of a larger common area of development. Contractor shall be responsible for filing the Notice of Intent and for obtaining the Permit. Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (“SWPPP”) prior to initiating Work. Contractor shall include in its bid all costs of procuring the Permit and preparing the SWPPP, as well as complying with the SWPPP and any necessary revision to the SWPPP. Contractor shall comply with all requirements of the State Water Resources Control Board. Contractor shall include all costs of compliance in the Contract Price.

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

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

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

5. Failure to comply with the NPDES Permit is a violation of federal and state law.

Contractor hereby agrees to indemnify, defend and hold harmless City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the Permit arising out of or in connection with the Work, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. City may seek damages from Contractor for delay in completing the Work arising from Contractor’s failure to comply with the NPDES Permit.

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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

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

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

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 City, materials, or samples of materials to be inspected or tested shall be selected by such laboratory or City, 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

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

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

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

4. Contractor shall take adequate precautions to protect existing sidewalks, curbs, pavements, utilities, and other adjoining property and structures, and to avoid damage thereto, and Contractor shall repair any damage thereto caused by the Work operations. Contractor shall:
a. Enclose the working area with a substantial barricade, and arrange work to cause minimum amount of inconvenience and danger to the public. b. Provide substantial barricades around any shrubs or trees to be preserved. c. Deliver materials to the Site over a route designated by the City. d. Provide any and all dust control required and follow the applicable air quality regulations as appropriate. If the Contractor does not comply immediately with a notice from City or a public City 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

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that may have been damaged are restored to a condition acceptable to the City.
h. Preserve and protect from injury all buildings, pole lines and all direction, warning and mileage signs that have been placed within the right-of-way. i. At the completion of work each day, leave the Work and the Site in a clean, safe condition.
j. Comply with any stage construction and traffic handling plans. Access to residences and businesses shall be maintained at all times.

These precautionary measures will apply continuously and not be limited to normal working hours. Full compensation for the work involved in the protection and preservation of life, safety and property as above specified shall be considered as included in the prices paid for the various contract items of Work, and no additional allowance will be made therefor.

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

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

ARTICLE 26. INSPECTOR’S FIELD OFFICE

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

2. A table satisfactory for the study of plans and two chairs shall be provided by Contractor. Contractor shall provide and pay for adequate electric lights, local telephone service, and adequate heat and air conditioning for the field office until authorized removal.

ARTICLE 27. AUTHORIZED REPRESENTATIVES
The City shall designate representatives, who shall have the right to be present at the Site at all times. The City may designate an inspector who shall have the right to observe all of the Work.

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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

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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:
a. A certified copy of the employee’s payroll records shall be made available for inspection or furnished to such employee or his or her authorized representative on request.
b. A certified copy of all payroll records described herein shall be made available for inspection or furnished upon request of the DIR.

4. 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.

5. 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.

6. 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

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request, and shall post copies at the Contractor’s principal place of business and at the Site. Contractor shall defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless from any claims, liabilities, costs, penalties, or interest arising out of any failure or allege failure to comply with the Prevailing Wage Laws.

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

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

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

28.5 EMPLOYMENT OF APPRENTICES
The Contractor’s attention is directed to the provisions of sections 1777.5, 1777.6, and 1777.7 of the Labor Code concerning employment of apprentices by the Contractor or any subcontractor.

The Contractor shall obtain a certificate of apprenticeship before employing any apprentice pursuant to sections 1777.5, 1777.6, and 1777.7 of the Labor Code. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, the 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