Twentynine Palms City Council
November 12, 2025

TWENTYNINE PALMS CITY COUNCIL
City Council - Regular Meeting with Closed Session MINUTES City Hall, 6136 Adobe Road, Twentynine Palms, CA 92277
www.29palms.org
October 14, 2025

CLOSED SESSION AGENDA
5:30 P.M.

CALL TO ORDER - Mayor Bilderain called the Closed Session to order at 5:31 p.m.

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

Adjourn to Closed Session - Mayor Bilderain adjourned to Closed Session at 5:32 p.m.

CLOSED SESSION

1. ANTICIPATED LITIGATION, SIGNIFICANT EXPOSURE TO LITIGATION, Government Code § 54956.9 (d)(2), (1 case)

REGULAR SESSION AGENDA
6:00 p.m.

CALL TO ORDER - Mayor Bilderain called the meeting to order at 6:04 p.m.

Pledge of Allegiance - Mr. Matt Shragge led the Pledge of Allegiance.

Invocation - Mary Kay Sherry, The Church of Jesus Christ of Latter-day Saints, gave the Invocation.

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

Closed Session Announcements - Mayor Bilderain announced that there was nothing to report from the Closed Session.

Changes to the Agenda - None.

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

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

2. Proclamation Recognizing Breast Cancer Awareness Month.

Mayor Bilderain read the Proclamation in its entirety and presented the proclamation to Ms. Mary Kay Sherry, breast cancer survivor.

COUNCIL COMMENTS AND REPORTS OF MEETINGS ATTENDED
Councilmember Scott commented that he attended a Roundtable Discussion on Housing and Homelessness, and it was well attended, the Community Health Resource Fair at Freedom Plaza, the Navy's 250th Birthday Celebration at the VFW and the steak and lobster lunch aboard the Base.

City Council - Regular Meeting with Closed Session
October 14, 2025
Councilmember Wright mentioned that he attended the Navy's steak and lobster lunch aboard the Basin Transit meeting and he wished his son Drayson and daughter Marianna a Happy Birthday. He commented that he has been keeping busy with Warhawks Football.

Councilwoman Ramirez mentioned that she attended the SCE Summit Workshop, the CalCities' Annual Conference, she met with Staff from the San Bernardino County District Attorney's office, and she also met with the San Bernardino County Office of Homeless Services.

Mayor Pro Tem Mintz commented that he attended the Basin Transit meeting, the SBCTA meeting and the CalCities' Annual Conference.

Mayor Bilderain wished a Happy 250th Birthday to the Navy. He attended the Navy steak and lobster lunch, the Copper Mountain College Job Fair, where he gave the welcoming remarks, the ASYMCA Service Member of the Quarter Luncheon where he presented certificates to the awardees, the Pelican Club Dinner, and a Finance Subcommittee meeting. He mentioned he also met with citizens.

CONSENT CALENDAR

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

4. Approval of Minutes of the City Council Meeting Held on August 26, 2025.

5. Second Reading of an Ordinance Amending Chapter 2.01, Titled “City Manager,” of the Municipal Code Changing Responsibility for Supervisory Authority Over the City Clerk from the City Council to the City Manager.

RECOMMENDATION: The City Council adopt an Ordinance, amending Chapter 2.01 of the Municipal Code, placing supervisory authority over the City Clerk with the City Manager.

6. Annual Development Impact Fee Report for FY 2024-25.

RECOMMENDATION: The City Council receive and file the City's Annual Development Impact Fee report for FY 2024-25 pursuant to Government Code Section 66000, et. al.

7. United States Geological Survey (USGS) Study.

RECOMMENDATION: The City Council authorize the City Manager to execute the necessary agreements to engage the United States Geological Survey (USGS) to conduct a five-year USGS hydrological and hadrochemical Study in the amount of $2,236,842.

8. Finding of Convenience and Necessity for 71243 Twentynine Palms Highway.

RECOMMENDATION: The City Council approve Resolution 25-21 approving a finding of Public Convenience and Necessity in accordance with the Alcohol Beverage Control regulations.

9. Approval of Warrant Register Totaling $1,401,228.93.

ACTION: A motion was made by Councilmember Scott, seconded by Councilmember Wright, to approve the Consent Calendar as submitted.

The above motion was carried by the following:

ROLL CALL VOTE:

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

City Council - Regular Meeting with Closed Session
October 14, 2025
ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION - None.

PUBLIC HEARING- None.

DISCUSSION AND POTENTIAL ACTION ITEMS

10. Preserving City Services and Preliminary Research on a 2026 Tax Measure.

RECOMMENDATION: The City Council authorize the City Manager to work with the City Attorney's office to negotiate and execute a professional services agreement with Probolsky Research in the amount of $22,500.00.

Authorize the City Manager work with the City Attorney's office to negotiate and execute a professional services agreement with Lew Edwards Group in the amount of $74,750.00. Authorize the City Manager to allocate up to $25,000 in community outreach and education.

City Manager James presented the Staff Report and PowerPoint presentation.

Councilmember Scott commented that he is a little hesitant to spend that money to pay for another survey and we should conduct a special tax measure, not a general tax measure.

Mayor Pro Tem Mintz mentioned that he attended a session on tax measures at the Annual Conference, which provided great information. He commented that the reality is that we need to educate the public about this measure.

ACTION: A motion was made by Councilmember Wright, seconded by Mayor Pro Tem Mintz, to authorize the City Manager to work with the City Attorney's office to negotiate and execute a professional services agreement with Probolsky Research in the amount of $22,500.00, to negotiate a professional services agreement with Clifford Moss in the amount of $74,500 contingent on the results of the survey, and authorize the City Manager to allocate up to $25,000 in community outreach and education.

The above motion was carried by the following:

ROLL CALL VOTE:

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

FUTURE COUNCIL INITIATED ITEMS

1. Shade structures around Freedom Plaza and a possible art fixture with "Freedom Plaza" announcing the location.

2. Discussion on partnering with the Boys and Girls Club.

3. Discussion on exploring a partnership with Jamboree for affordable housing.

4. Discussion of a policy regulating the use of City Attorney resources.

5. Maintained Roads vs. Non-Maintained Roads.

6. Discussion on creating a "Recognized Neighborhood Program".

PUBLIC COMMENTS - None.

City Council - Regular Meeting with Closed Session
October 14, 2025

CITY MANAGER UPDATE
City Manager James commented that Staff is working on the Future agenda items list. Mayor Pro Tem Mintz asked for an update on permits issued for single family dwelling units in the City. Director Gardner replied that we have a total of 39 dwelling unit permits.

ADJOURNMENT - Mayor Bilderain adjourned the meeting in memory of Lesley Thornburg at 6:57 p.m.

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

STAFF REPORT
TO: City Council
FROM: Finance Technician
FOR MEETING: Nov 12 2025
SUBJECT: Approval of Warrant Register Totaling $357,776.92 ATTACHMENTS:
• Approval of Warrant Register
Totaling $357,776.92

Check Date
Warrant Register
PPBI Gen Chkng

CITY OF TWENTYNINE PALMS
Vendor
WARRANT DATE: 11-11-25
Check / Payment
0021265 10/15/2025 [1000] 29 PALMS FENCE (0035) 450.00
0021266 10/15/2025 [1005] AFLAC 973.29
0021267 10/15/2025 [3948] ALEXANDER XAVIER CHARLES 2,900.00 0021268 10/15/2025 [3951] ALEXANDRA CHRISTINE SANTAMAURO 500.00 0021269 10/15/2025 [3877] AMERITAS LIFE INSURANCE CORP 3,336.24 0021270 10/15/2025 [3877] AMERITAS LIFE INSURANCE CORP 579.12 0021271 10/15/2025 [1014] ARROWHEAD CREDIT UNION 16,472.71 0021272 10/15/2025 [1017] AUTOZONE (0842) 194.12
0021273 10/15/2025 [1037] BURRTEC WASTE & RECYCLING (2692) 218.04 0021274 10/15/2025 [3448] CIRA 652.93
0021275 10/15/2025 [3691] CROWN AWARDS 2,938.42
0021276 10/15/2025 [0546] DAVID MARK DALY 249.53
0021277 10/15/2025 [1102] FORENSIC DTS INC 1,312.50
0021278 10/15/2025 [3577] FRIENDS OF JOSHUA TREE 4,500.00 0021279 10/15/2025 [3732] FUSE CONNECT, LLC. 1,875.00
0021280 10/15/2025 [3000] GRANICUS 2,047.50
0021281 10/15/2025 [1134] INTERVET INC 538.75
0021282 10/15/2025 [3953] JAMES MONSOUR 500.00
0021283 10/15/2025 [3949] JUAN THORP 75.00
0021284 10/15/2025 [3776] JUSTFOIA, INC. 5,457.38
0021285 10/15/2025 [3874] LINCOLN FINANCIAL GROUP 1,837.06 0021286 10/15/2025 [3950] MALCOLM WILLIAMS 750.00
0021287 10/15/2025 [3913] MIG 9,531.98
0021288 10/15/2025 [1167] MORONGO UNIFIED SCHOOL DISTRICT 6,048.00 0021289 10/15/2025 [1167] MORONGO UNIFIED SCHOOL DISTRICT 10,851.97 0021290 10/15/2025 [1228] NCSI 148.00
0021291 10/15/2025 [0001] ONE TIME VENDOR - PROPER MANAGEMENT 198.86 0021292 10/15/2025 [0001] ONE TIME VENDOR - 29 FITNESS 75.31 0021293 10/15/2025 [3359] PARKHOUSE TIRE, INC 12,310.51 0021294 10/15/2025 [1209] ROGERS ANDERSON MALADY AND SCOTT (2807) 23,000.00 0021295 10/15/2025 [1230] SCE 4,114.45
0021296 10/15/2025 [3925] SEMPER FI SPORTS 300.00
0021297 10/15/2025 [3952] SOUTHERN CALIFORNIA SCHOOL BAND & 1,750.00 0021298 10/15/2025 [3847] THE HANGRY BEAR 1,750.00
0021299 10/15/2025 [3580] TRIPEPI, SMITH AND ASSOCIATES INC. 610.00 0021300 10/15/2025 [1269] VALIC C/O JP MORGAN CHASE 2,229.35 0021301 10/15/2025 [1278] WESTERN HOME BUILDERS, INC 1,013.08 0021302 10/22/2025 [2463] 4 SPORTS N' MORE (8671) 257.74 0021303 10/22/2025 [1001] LORI (8411) ABDELNOUR 1,475.00 0021304 10/22/2025 [2680] AIS 143.95
0021305 10/22/2025 [1466] AMERICAN LEAK DETECTION INC 3,900.00 0021306 10/22/2025 [1007] ANDY'S LANDSCAPE AND TREE SERVICE (3803) 1,975.00 0021307 10/22/2025 [1037] BURRTEC WASTE & RECYCLING (2692) 103.08 Run: 11/05/2025 at 2:43 PM Page: 1

0021308 10/22/2025 [1039] CA BUILDING STANDARDS COMM 150.30 0021309 10/22/2025 [1052] CHARLES ABBOTT ASSOCIATES INC 53,754.34 0021310 10/22/2025 [1086] DEPARTMENT OF CONSERVATION 628.85 0021311 10/22/2025 [1102] FORENSIC DTS INC 493.85
0021312 10/22/2025 [1106] FRONTIER 105.95
0021313 10/22/2025 [3743] HOME DEPOT CREDIT SERVICES 2,041.22 0021314 10/22/2025 [3467] JOSHUA TREE MUSIC FESTIVAL LLC 3,000.00 0021315 10/22/2025 [3913] MIG 5,417.50
0021316 10/22/2025 [3782] MRC SMART TECHNOLOGY SOLUTIONS 1,034.88 0021317 10/22/2025 [3879] NATIONAL YOUTH LEADERSHIP COUNCIL 550.00 0021318 10/22/2025 [3231] NEOGOV 1,001.13
0021319 10/22/2025 [0001] ONE TIME VENDOR - QUALITY TOUCH BY DENIS 113.99 0021320 10/22/2025 [0001] ONE TIME VENDOR - PRISILA TORRES 1,059.10 0021321 10/22/2025 [1190] PARKER COUNTY APPRAISAL DISTRICT 8.82 0021322 10/22/2025 [1231] PRIMO BRANDS 596.59
0021323 10/22/2025 [2396] SAN BERNARDINO COUNTY-CSA 526.31 0021324 10/22/2025 [1218] SBC TAX COLLECTOR 306.76
0021325 10/22/2025 [1230] SCE 684.59
0021326 10/22/2025 [1224] SKY'S THE LIMIT OBSERVATORY & NATURE CENTER 3,000.00 0021327 10/22/2025 [1249] SPECTRUM 199.99
0021328 10/22/2025 [1249] SPECTRUM 35.11
0021329 10/22/2025 [1249] SPECTRUM 45.42
0021330 10/22/2025 [1249] SPECTRUM 130.00
0021331 10/22/2025 [1249] SPECTRUM 159.63
0021332 10/22/2025 [1249] SPECTRUM 1,179.00
0021333 10/22/2025 [1249] SPECTRUM 119.99
0021334 10/22/2025 [1249] SPECTRUM 119.99
0021335 10/22/2025 [1249] SPECTRUM 149.99
0021336 10/22/2025 [3954] SPORTS EVENTS INTERNATIONAL INC 15,000.00 0021337 10/22/2025 [1233] SR BUILDING INC (2685) 7,500.00 0021338 10/22/2025 [1178] T-MOBILE 45.12
0021339 10/22/2025 [2875] TOPS N BARRICADES INC 404.06
0021340 10/22/2025 [0533] KLALYN TSCHOEPE 66.34
0021341 10/22/2025 [2528] WELLS FARGO VENDOR FIN SERV 168.41 0021342 10/29/2025 [3959] A.G. ROMO PRODUCTIONS 2,700.00 0021343 10/29/2025 [3754] ABYGAIL BIGOS 200.00
0021344 10/29/2025 [3581] ADVANCED IMAGING SOLUTIONS 573.50 0021345 10/29/2025 [2680] AIS 89.41
0021346 10/29/2025 [3121] AMERICAN EXPRESS 61.52
0021347 10/29/2025 [3861] AMERICAN MUSIC PRODUCTIONS 600.00 0021348 10/29/2025 [3755] BRIANNA DANDURAND 200.00
0021349 10/29/2025 [3570] ELAINE BRON 200.00
0021350 10/29/2025 [1046] CAMPBELL PET CO 182.86
0021351 10/29/2025 [0488] SCOTT CLINKSCALES 130.35
0021352 10/29/2025 [3958] ANNABELLA CROCKETT 700.00
0021353 10/29/2025 [1077] CUTTING EDGE SUPPLY 2,788.70
0021354 10/29/2025 [1079] DATA TICKET INC 333.08
0021355 10/29/2025 [1100] FEDEX 50.03
0021356 10/29/2025 [1106] FRONTIER 172.92
0021357 10/29/2025 [1106] FRONTIER 126.33
0021358 10/29/2025 [3955] DIEGO GUARDADO 225.00
Run: 11/05/2025 at 2:43 PM Page: 2

0021359 10/29/2025 [3524] MICHAEL HEIL 2,400.00
0021360 10/29/2025 [3957] NICOLAS RAYMOND IBARRA 550.00 0021361 10/29/2025 [2183] JOE A GONSALVES & SON 3,000.00 0021362 10/29/2025 [1149] LLOYD PEST CONTROL CO INC (8202) 519.00 0021363 10/29/2025 [2583] MISSION LINEN SUPPLY (8753) 771.68 0021364 10/29/2025 [1164] MORONGO BASIN BROADCASTING CORP 400.00 0021365 10/29/2025 [3884] ODP BUSINESS SOLUTIONS LLC 314.18 0021366 10/29/2025 [0001] ONE TIME VENDOR - CAMERON WORTMAN 372.94 0021367 10/29/2025 [3359] PARKHOUSE TIRE, INC 189.18
0021368 10/29/2025 [1210] ROTARY CLUB OF TWENTYNINE PALMS 90.00 0021369 10/29/2025 [1230] SCE 864.09
0021370 10/29/2025 [3956] AUSTIN SHUPE 350.00
0021371 10/29/2025 [3056] SOAP SUDS CLEANING SERVICE (9049) 2,627.00 0021372 10/29/2025 [1387] TWENTYNINE PALMS HISTORICAL SOCIETY (0867) 1,000.00 0021373 10/29/2025 [1259] TWENTYNINE PALMS WATER DISTRICT 4,862.50 0021374 10/29/2025 [1269] VALIC C/O JP MORGAN CHASE 2,229.35 0021375 10/29/2025 [1271] VCA 29 PALMS ANIMAL HOSPITAL (0319) 123.75 0021376 10/29/2025 [1273] VERIZON WIRELESS 800.89
0021377 10/29/2025 [1744] YUNEX LLC 1,660.75
0021378 11/05/2025 [3581] ADVANCED IMAGING SOLUTIONS 198.62 0021379 11/05/2025 [1008] ANIMAL ACTION LEAGUE INC 1,012.00 0021380 11/05/2025 [0424] STEVEN BILDERAIN 249.80
0021381 11/05/2025 [1037] BURRTEC WASTE & RECYCLING (2692) 103.08 0021382 11/05/2025 [3709] CA STATE DISBURSEMENT UNIT 218.00 0021383 11/05/2025 [0370] VANESSA CABRERA 145.60
0021384 11/05/2025 [1053] CINTAS CORPORATION (8315) 1,583.99 0021385 11/05/2025 [3961] MARK CLINKSCALES 1,000.00
0021386 11/05/2025 [1374] DAVID BAILEYS AUTO REPAIR INC (0703) 4,566.60 0021387 11/05/2025 [1100] FEDEX 96.25
0021388 11/05/2025 [1101] FIDELITY NATIONAL TITLE COMPANY 1,204.00 0021389 11/05/2025 [3871] FIRST CLASS MINERS, INC. 500.00 0021390 11/05/2025 [1106] FRONTIER 188.19
0021391 11/05/2025 [1106] FRONTIER 470.96
0021392 11/05/2025 [1106] FRONTIER 11.63
0021393 11/05/2025 [0509] CHRISTOPHER J GIUNTA 88.81
0021394 11/05/2025 [3586] TORIN GRIMES 480.00
0021395 11/05/2025 [3829] HEATHER L. DRAKE 2,420.81
0021396 11/05/2025 [3890] HR GREEN PACIFIC, INC. 27,798.32 0021397 11/05/2025 [3751] JESSICA LYNN BURKE 340.00
0021398 11/05/2025 [3253] JOHN MAHANY PLUMBING INC (9127) 85.00 0021399 11/05/2025 [1139] JOSHUA SPRINGS CALVERY CHAPEL 150.00 0021400 11/05/2025 [3660] KIMBERLY K. JOHNSON 1,282.00
0021401 11/05/2025 [1150] MARK SPEER AUTOMOTIVE (2109) 231.08 0021402 11/05/2025 [3962] MEGG MUSIC 500.00
0021403 11/05/2025 [0175] DANIEL MINTZ SR 249.80
0021404 11/05/2025 [1162] MOJAVE DESERT & MOUNTAIN 5,511.00 0021405 11/05/2025 [0539] NADIA MORENO 440.00
0021406 11/05/2025 [3960] HEATHER NAVARRO 431.25
0021407 11/05/2025 [1177] NEWCO DISTRIBUTORS INCORPORATED 4,509.97 0021408 11/05/2025 [0001] ONE TIME VENDOR - ANITA CLINKSCALES 67.45 0021409 11/05/2025 [0001] ONE TIME VENDOR - EPHRAIM ELBAZ 297.65 Run: 11/05/2025 at 2:43 PM Page: 3

0021410 11/05/2025 [0001] ONE TIME VENDOR - MIKE TERRY 612.98 0021411 11/05/2025 [2582] OREILLY 8.38
0021412 11/05/2025 [2231] PAYCHEX INC 1,798.45
0021413 11/05/2025 [0564] APRIL RAMIREZ 249.80
0021414 11/05/2025 [2268] SAN BERNARDINO COUNTY-RADIO 118.58 0021415 11/05/2025 [1230] SCE 7,590.14
0021416 11/05/2025 [3590] SOUTHWEST PROTECTIVE 2,916.00 0021417 11/05/2025 [2484] TERRA NOVA PLANNING & RESEARCH INC. (9096) 18,992.55 0021418 11/05/2025 [0531] AMY TESSIER 200.32
0021419 11/05/2025 [1243] THE GAS COMPANY 731.97
0021420 11/05/2025 [2201] TRANSUNION RISK AND ALTERNATIVE 100.00 0021421 11/05/2025 [1254] TROPHY EXPRESS 22.94
0021422 11/05/2025 [1259] TWENTYNINE PALMS WATER DISTRICT 5,128.58 0021423 11/05/2025 [1271] VCA 29 PALMS ANIMAL HOSPITAL (0319) 35.75 0021424 11/05/2025 [0171] CYNTHIA VILLESCAS 249.80
0021425 11/05/2025 [1287] XEROX FINANCIAL SERVICES 188.71 Approved by: Date:

Total Checks: 357,776.92
Run: 11/05/2025 at 2:43 PM Page: 4

STAFF REPORT
TO: City Council
FROM: City Manager
FOR MEETING: Nov 12 2025
SUBJECT: Revised Annual Contract with the San Bernardino County Sheriff's Department for FY 2025-26.

RECOMMENDATION:

The City Council:

1. Approve the revised annual contract with the San Bernardino County Sheriff’s Department for Law Enforcement Services for Fiscal Year 2025-26 in the amount of $5,791,943, plus incidental expenses, an increase of $363,844 from the original approved contract.

2. Approve a budget amendment of $255,282 to account for the difference between the budgeted contract amount and the actual revised amount.

ORDER OF PROCEDURE:

Request Staff Report (City Manager Presenting)
Council Questions of Staff
Public Comment
Council Discussion
Motion/Second
Call the Question
ATTACHMENTS:
• 2025-26 Revised Law
Enforcement Services Contract
BACKGROUND:

On October 14, 2025, City Staff was officially notified that the City's law enforcement services contract cost would increase by 6.7%, or $363,844, from the original approved contract. During the preparation of the bi-annual budget, the City was already aware of this possible increase; however, original estimates indicated only a 4% increase in contract costs for half of the current Fiscal Year (January to June 2026) as MOU negotiations were originally expected to be concluded by December 2025, and the increase would not be retroactive to July 1, 2025. The actual effective date of the 6.7% increase is October 4, 2025, which is three months earlier than originally projected.

The attached revised Schedule A provides a side-by-side comparison of the original vs. the revised contract cost.

On September 9, 2025, the San Bernardino County Board of Supervisors approved a Memorandum of Understanding between the County and the Sheriff’s Employees’ Benefit Association for the period of October 4, 2025 through September 30, 2028, to address inflation, retention, and recruitment challenges that the department is facing. The top increase is in the Deputy Sheriffs' Tier 2 category, which will increase from $2,135,717 to $2,336,206, a change of $200,489, or 9.4%, of the original contract. The table below shows a summary of all the categories impacted by the MOU changes.

Level of Service Original Contract
Cost
Revised Contract
Cost Increase ($) Increase (%)Page 177 of 630
.45 - Lieutenant $178,914 $194,280 $15,366 8.6%

1.93 Sergeant $627,419 $677,286 $49,867 7.9%

2.22 Detective/Corporal $612,196 $668,200 $56,004 9.1%

9.30 Deputy Sheriff
Tier 2 $2,135,717 $2,336,206 $200,489 9.4%

1.00 Deputy Sheriff
(non-relief) $229,647 $251,205 $21,558 9.4%

1.00 School
Resource Officer $229,647 $251,205 $21,558 9.4%

0.31 Sheriff's
Service Specialist* $ 0 $29,360 $29,360 100%

0.00 Motor Pool
Service Assistant* $30,358 $(30,358) $(30,358) -100%
TOTAL $363,844 6.7%
* The City does not currently contract for a full-time Sheriff's Service Specialist position (SSS). The Motor Pool Service Assistance (MPSA) position was reclassified to the Sheriff's Service Specialist effective October 4, 2025. The SSS position deals with all fleet related matters.

As mentioned above, based on the facts and estimates available during the bi-annual budget preparation, the law enforcement services contract for FY 2025-26 was only budgeted for $5,536,661, a difference of $255,282 from the actual revised contract amount of $5,791,943. The difference is expected to be funded with current year revenues; however, given the significant increase in cost, no surplus is expected for FY 2025-26 or future years, unless significant revenue streams are received or generated by the City.

ENVIRONMENTAL:

N/A
ALTERNATIVES:

No alternatives would be available for this Fiscal Year.

FISCAL IMPACT:

The original adopted budget for FY 2025-26 only contemplated an increase of $108,562 in the law enforcement services contract. The budget for FY 2025-26 will have to be amended by $255,282 to account for the difference between the budgeted amount of $5,536,661 and the actual revised contract amount of $5,5791,943.

Standard Contract Page 1 of 4

THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY Sheriff/Coroner/Public Administrator
Department Contract Representative Carolina Mendoza, Chief Deputy Director of Sheriff’s Administration
Telephone Number (909) 387-0640
Contractor City of Twentynine Palms
Contractor Representative Steven Bilderain, Mayor
Telephone Number (760) 367-6799
Contract Term 07/01/2025 through 06/30/2026
Original Contract Amount $5,428,099
Amendment Amount $363,844
Total Contract Amount $5,791,943
Cost Center 4414451000
IT IS HEREBY AGREED AS FOLLOWS:

AMENDMENT No. 35
Effective October 4, 2025, Contract No. 94-525 to provide law enforcement service to the City of Twentynine Palms is hereby amended by replacing Schedule A referred to in Section II. CONSIDERATION, with the Schedule A attached hereto and incorporated herein by this reference.

Except as amended, all other terms and conditions of this contract remain as stated therein.

Contract Number
94-525 A-35
SAP Number
N/A

[With the exception of signatures, this page is intentionally left blank].

FOR COUNTY USE ONLY
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department Grace B. Parsons, Deputy County Counsel Carolina Mendoza, Chief Deputy Director of Sheriff’s Administration
Date Date Date
SAN BERNARDINO COUNTY City of Twentynine Palms
(Print or type name of corporation, company, contractor, etc.) By
Dawn Rowe, Chair, Board of Supervisors (Authorized signature - sign in blue ink) Dated: Name Steven Bilderain
SIGNED AND CERTIFIED THAT A COPY OF THIS (Print or type name of person signing contract)

DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD Title Mayor
Lynna Monell
Clerk of the Board of Supervisors
San Bernardino County
(Print or Type)
By Dated:

Deputy
Address 6136 Adobe Road
Twentynine Palms, CA 92277

SCHEDULE A
Law Enforcement Services Contract
City of Twentynine Palms
2025-26
COST

MOU INCREASES
(EFF. 10/4/25)

TOTAL NEW

CONTRACT AMOUNT
(EFF. 10/4/25)

0.45 Lieutenant $ 178,914 1 $ 15,366 1 $ 194,280 1

1.93 Sergeant 627,419 1 49,867 1 677,286 1

2.22 Detective/Corporal (80 hours per week) 612,196 1 56,004 1 668,200 1

9.30 Deputy Sheriff (336 hours week) 2,135,717 1 200,489 1 2,336,206 1

1.00 Deputy Sheriff (non-relief) 229,647 1 21,558 1 251,205 1

1.00 School Resource Officer 229,647 1 21,558 1 251,205 1

0.31 Sheriff’s Service Specialist - 1 29,360 29,360 1

2.70 Office Specialist 267,880 1 267,880 1

0.00 Motor Pool Services Assistant 30,358 (30,358) -

4.00 Marked Unit 90,634 2 90,634 2

2.00 Marked Unit - 4X4 SUV 51,747 2 51,747 2

2.00 Unmarked Unit 22,790 2 22,790 2

1.00 Pickup truck - Citizen Patrol 8,854 2 8,854 2

1.00 Citizen Patrol Donated Hybrid SUV (Equip & Comm Only) 2,530 3 2,530 3 Dispatch Services 313,037 1 313,037 1

18.00 HTs (Amortization, Access & Maintenance) 28,836 28,836

1.00 Additional MDCs (Access Only) 571 571

15.00 Taser Replacement (Amortized over 5-years) 15,474 15,474 Administrative Support 26,073 26,073
Office Automation 64,156 64,156
Body Worn Cameras 21,010 21,010
Vehicle Insurance 31,157 31,157
Personnel Liability & Bonding 378,185 378,185
Workers' Comp Experience Modification (18,075) (18,075) County Administrative Cost 79,342 79,342
Cost for FY2025-26 $ 5,428,099 1-5 $ 363,844 1 $ 5,791,943 1-5 Monthly Payment Schedule
1st payment due July 15, 2025: $452,337
2nd through 3rd payments due the 5th of each month: $452,342 4th payment due October 5, 2025: $492,770
5th through 12th payments due the 5th of each month: $492,769 1 2
3 4
5 Personnel costs include salary and benefits and are subject to change by Board of Supervisors’ action. Changes in salary and benefit costs will be billed to the City on a quarterly invoice.

Vehicle costs do not include fuel and maintenance. The City is responsible for fuel, repair and maintenance of all contract vehicles, including collision damage. All fuel, repair and maintenance costs incurred by the County will be billed to the City on a quarterly invoice.

No replacement cost is included for grant funded or donated vehicles.

Services and supplies will be billed to the City on a quarterly invoice.

Grant funded, donated and non-replaceable vehicles will incur a vehicle insurance and equipment connection cost for the period the vehicle is in use.

LEVEL OF SERVICE

SCHEDULE A
Law Enforcement Services Contract
City of Twentynine Palms
2025-26
Additional Costs Billed Quarterly:

The City will be billed on a quarterly basis for the following items:
• Increase to salaries and benefits resulting from Board of Supervisors-approved changes to Memoranda of Understanding with the County’s various employee organizations. • Actual overtime costs.
• Actual on-call costs.
• Actual costs of vehicle fuel, repair and maintenance, including the costs of collision repair. • Actual costs for services and supplies.

SAFETY: GENERAL:

Lieutenant - 0.45 Sheriff's Service Specialist - 0.31
Sergeant - 1.93 Office Specialist - 2.70
Detective/Corporal - 2.22 Motor Pool Service Assistant - 0.00 Deputy Sheriff Tier 2 - 10.30 Dispatchers - 2.00
School Resc Officer - 1.00 5.01

15.90 VEHICLES: DONATED VEHICLES LIST:

Marked Patrol Units - 4.00 Citizen On Patrol-Hybrid SUV - 1.00 * Marked Patrol Units-4x4 SUV - 2.00 DUI Trailer - 1.00 * Safety Unmarked Units - 2.00 2.00 *
Citizen Patrol Pick-up - 1.00
Donated Vehicles-Ins Only - 2.00 *

11.00 * (Included for insurance costs only)

LEVEL OF SERVICE SUMMARY

STAFF REPORT
TO: City Council
FROM: Project Manager, Charles Abbott & Associates
FOR MEETING: Nov 12 2025
SUBJECT: Award of Construction Contract for the Elm Avenue Tenant Improvement Project.

RECOMMENDATION:

The City Council:

1. Award a contract for the "Elm Avenue Tenant Improvement Project", a federal funded project under the CDBG Homekey program (21-CDBG-HK--00013), to KNC Construction, Inc., in the amount not to exceed $189,500.

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

3. Approve the budget amendments and respective transfers in the amount of $59,480 from the General Fund to the Capital Projects Fund.

ORDER OF PROCEDURE:

Request Staff Report (City Manager Presenting)
Council Questions of Staff
Request Public Comment
Council Discussion
Motion/Second
Call the Question
ATTACHMENTS:
• Sole Source Justification
• Elm Avenue Tenant
Improvement Project Contract
• Elm Ave Tenant Improvement
Bid Docs
• Elm Ave TI Proof of
Advertising
BACKGROUND:

In July 2022, the City was awarded $713,255 from the Community Development Block Grant (CDBG) Homekey program administered by the Department of Housing and Community Development (HCD). Eligible costs for the project include the purchase and rehabilitation of the Elm properties (6937, 6939, 6941, and 6943 Elm Avenue) to be used for permanent housing for very low-income residents. $511,126.09 was expended to purchase the aforementioned properties, and the rest, $202,128.91, was left for property rehab and improvements, including ADA improvements at 6943 Elm Avenue. Due to time and funding constraints, the City will not construct the ADA improvements in the foreseeable future; however, the City has a complete set of design plans that can be utilized should the City decide to move forward with the ADA improvements in the future.

The City had to relocate the family living at the 6937 Elm Avenue house due to their ineligibility for the lowhousing program. The total cost of relocation, $34,718, was funded by the grant. An additional $21,910 has also been spent and reimbursed by HCD for partial design of the ADA improvement plans as well as the asbestos and lead inspections performed at the 6943 Elm Avenue unit and 6937 Elm Avenue house. The final billing for the design of the ADA improvements has not been received, but it is projected to be $15,400, which will also be submitted for reimbursement to HCD, leaving a grant balance of $130,020.91.

On September 24, 2025, the City, with the assistance of Richard Berger from Charles Abbott Associates, Inc., issued a Notice Inviting Bids for the Elm Avenue Tenant Improvement Project. In addition to posting the project on the City's website, the notice was also advertised via Bidnet and distributed to multiple contractors.

The bid documents called for a mandatory pre-bid conference followed by a job walk at the project site located at 6937 Elm Avenue, Twentynine Palms, CA 92277 on October 9, 2025. Only one bid was received by the submission deadline, October 21, 2025, from KNC Construction, Inc., (hereinafter KNC). KNC was also the only contractor to attend the mandatory job package. The house improvements must be completed by no later than February 28, 2026, and the Homekey grant project must be closed out by no later than March 31, 2026. In accordance with the grant project requirements, all of the four properties must be occupied by qualified veterans through the Veterans Assistance Supporting Housing (VASH) program.

Even though the project cost is fair and reasonable, if the City decides to re-advertise the project, the outcome is anticipated to be the same due to the estimated project cost and project location. Federal guidelines allow for the use of a single source bid as long as the City is able to evaluate and justify its decision (see attached Single Source Justification Memo). The evaluation must include the following criteria: 1) justify the price is fair and reasonable; 2) compare the bid price to in-house estimate or engineers estimate and past prices paid for the same or substantially similar item(s) in the past; 3) obtain information from the marketplace; 4) obtain a complete cost breakdown; 5) perform a cost analysis of the proposed price; and 6) document the rationale for the award decision and place in the procurement file. The bid documents were not ambiguous nor proprietary. The bid was advertised on a global site and forwarded to multiple contractors. When the City conducted the Community Development Department Tenant Improvement Project, the City also received only two bids.

Staff recommends awarding a contract for the "Elm Avenue Tenant Improvement Project", a federal funded project under the CDBG Homekey program (21-CDBG-HK--00013), to KNC Construction, Inc., in the amount not to exceed $189,500.

ENVIRONMENTAL:

The Department of Housing and Community Development (HCD) has approved the NEPA Categorical Exclusion.

ALTERNATIVES:

The City Council could reject the bids and re-advertise the project; however, due to time constrains, readvertisement of the project is not recommended.

FISCAL IMPACT:

Of the $189,500 total construction cost, $130,020 is projected to be funded by the Homekey grant, and the remainder project cost of $59,480 will have to be funded with City's reserves through a transfer from the General Fund to the Capital Projects Fund. Since this additional cost was not accounted for in the bi-annual budget, the City will need to amend the General Fund Budget and Capital Projects Fund budget for FY 2025-26.

CITY OFFICES:
6136 ADOBE ROAD
TWENTYNINE PALMS, CA 92277
(760) 367-6799
Fax (760)367-4890
www.29palms.org

COUNCILMEMBERS
Steven Bilderain, Mayor
Daniel L. Mintz, Sr, Mayor Pro Tem
McArthur Wright
Octavious Scott
April Ramirez

CITY MANAGER
Stone James, DPPD

MEMORANDUM
Date: October 27, 2025
From: Richard Berger, Project Manager
To: City Council
Subject: Sole Source Justification – Elm Avenue Project Background
The City of Twentynine Palms issued a Notice Inviting Bids for the Elm Avenue Tenant Improvement Project located at 6937 Elm Avenue. The scope of work includes demolition, electrical and plumbing upgrades, cabinetry installation, flooring, drywall repair, painting, and finish carpentry. The project was publicly advertised via Bidnet and distributed to multiple contractors.

Procurement Timeline
• Advertisement Published: September 24, 2025 at 1:54 PM PDT • Mandatory Job Walk: October 9, 2025 at 9:00 AM PDT
• Question Deadline: October 14, 2025 at 1:00 PM PDT
• Bid Submission Deadline: October 21, 2025 at 10:00 AM PDT • Bid Opening Location: 6136 Adobe Rd, Twentynine Palms, CA 92277 Bid Summary
Only one bid was received by the deadline from KNC Construction, Inc., (hereinafter KNC), who was also the only contractor to attend the mandatory job walk. KNC submitted a complete bid package, including all required certifications, bonds, and documentation. The bid total is $189,500, which is within a reasonable range of the engineer’s estimate of $176,000.

Single Bid Justification
In accordance with HUD guidance on single bids, the following criteria have been reviewed and satisfied:

1. Fair and Reasonable Price: KNC’s bid is consistent with the engineer’s estimate and historical pricing for similar work.

2. Adequate Competition Solicitation: The project was advertised publicly and distributed to multiple contractors. The mandatory job walk was attended only by KNC.

3. Responsiveness and Responsibility: KNC is a licensed contractor in good standing, registered with the Department of Industrial Relations, and has completed similar work for the City in the past with satisfactory performance.

4. Cost Analysis: A line-item comparison confirms that KNC’s pricing is aligned with market rates and previous projects.

5. Documentation: All procurement steps and outreach efforts have been documented and will be retained in the project file.

Recommendation
Based on the above findings, it is recommended that the City award the Elm Avenue Tenant Improvement Project to KNC as the lowest responsive and responsible bidder. The bid meets all procurement requirements and represents a fair and reasonable cost for the scope of work. ____________________________-
Richard Berger, Project Manager

28314.00015\41921969.1

CITY OF TWENTYNINE PALMS
Elm Avenue Tenant Improvement Project
Parks & Recreation Department
6136 Adobe Rd
Twentynine Palms, CA 92277
www.ci.twentynine-palms.ca.us
Telephone: (760) 367-6799

BID AND CONTRACT DOCUMENTS

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i TABLE OF CONTENTS

TABLE OF CONTENTS
Page No.

TABLE OF CONTENTS.............................................................................................................. I SECTION 100 - NOTICE INVITING BIDS.................................................................................. 1 SECTION 200 - INSTRUCTIONS TO BIDDERS........................................................................ 6 SECTION 300 - BID FORM.......................................................................................................14 SECTION 305 - CONTRACTOR’S CERTIFICATE REGARDING WORKERS’ COMPENSATION ...................................................................................................................17 SECTION 310 - BID BOND.......................................................................................................18 SECTION 320 – NON-COLLUSION DECLARATION................................................................21 SECTION 330 - BIDDER INFORMATION AND EXPERIENCE FORM .....................................22 SECTION 340 - DESIGNATION OF SUBCONTRACTORS ......................................................29 SECTION 350 - IRAN CONTRACTING ACT CERTIFICATION ................................................31 SECTION 360 – PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION...........32 SECTION 400 - CONTRACT FOR CONSTRUCTION ..............................................................34 SECTION 510 - PERFORMANCE BOND .................................................................................38 SECTION 520 - PAYMENT BOND............................................................................................43 SECTION 600 - GENERAL CONDITIONS................................................................................48 SECTION 700 - SPECIAL CONDITIONS..................................................................................99 TECHNICAL SPECIFICATIONS.............................................................................................104 FEDERAL DOCUMENTS .......................................................................................................114

1 SECTION 100 - NOTICE INVITING BIDS
SECTION 100 - NOTICE INVITING BIDS
The City of Twentynine Palms (“City”) will receive sealed bids for the Elm Avenue Tenant Improvement (“Project”) at the office of the City Clerk no later than October 21, 2025 at 10:00 AM, 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) Working Days after the bid opening date.

BID OPENING LOCATION: 6136 Adobe Rd, Twentynine Palms, CA 92277 REQUESTS FOR INFORMATION: All requests for information (RFI) must be submitted in writing and received no later than October 14, 2025 at 1:00 PM. Questions can be sent by email to [email protected]. Questions received after the December 10th deadline may not be reviewed or responded to.

DESCRIPTION OF WORK: The awarded contractor will provide all necessary tools, labor, and equipment to renovate the single-family home located at 6937 Elm Avenue in Twentynine Palms.

The scope includes demolition, electrical and plumbing upgrades, installation of new cabinetry, flooring, drywall repair, painting, and finish carpentry.

General Requirements
• Contractors must hold a valid Class A or B license and meet prevailing wage requirements.
• All work shall comply with the 2022 California Building Standards Code, including:
• California Residential Code (CRC)
• California Electrical Code (CEC)
• California Plumbing Code (CPC)
• California Mechanical Code (CMC)
• California Energy Code
• California Green Building Standards Code (CALGreen)
• Project must be completed within 45 working days from the Notice to Proceed. • All labor must be paid at prevailing wage rates per California Labor Code §§1720–1861.

1. Demolition
• Remove existing cabinetry, flooring, plumbing and electrical fixtures, and other components as necessary.
• Comply with CRC §R506.2.3 and CALGreen §4.408 for construction waste management and disposal.

2. Electrical and Fixtures
• Replace or upgrade electrical wiring, outlets, switches, and lighting fixtures. • All work must comply with CEC Article 210 (Branch Circuits) and CALGreen §4.504 for indoor air quality during installation.

3. Plumbing and Fixtures
• Replace plumbing lines and fixtures (toilets, sinks, faucets, shower, and tub(s)). • Comply with CPC Chapter 6 (Water Supply) and CALGreen §4.303 for water efficiency standards.

4. Framing and Masonry

28314.00015\41921969.1
2 SECTION 100 - NOTICE INVITING BIDS
• Perform structural framing repairs or modifications.
• Masonry work as needed for replacement of windows (2). • Comply with CRC Chapters R301–R602 for structural design and CRC §R606 for masonry construction.

5. Cabinetry
• Install new kitchen and bathroom cabinets.
• Comply with CRC §R307 for clearance and accessibility and CALGreen §4.408.4 for low-emission materials.

6. Millwork
• Install trim, baseboards, door casings, and other finish carpentry. • Comply with CALGreen §4.504.3 for interior finish materials and adhesives.

7. Drywall Repair
• Patch and repair drywall throughout the home.
• Comply with CRC §R702 for gypsum board installation and CALGreen §4.504.5 for VOC limits.

8. Painting (Interior and Exterior)
• Paint all interior walls, ceilings, trim, and exterior fascia and eves. • Comply with CALGreen §4.504.2 for low-VOC paints and coatings. • Color to be

9. Flooring
• Remove and replace flooring throughout the home.
• Comply with CALGreen §4.504.4 for resilient flooring systems and CRC §R502 for subfloor preparation.

COST ESTIMATE: $160,000.00
PRE-BID CONFERENCE: A mandatory Pre-Bid Conference followed by a job walk will be held at the project site located at 6937 Elm Ave., Twentynine Palms, CA 92277 on October 9, 2025 at 9:00 AM. Bids will not be accepted from any Bidder who does not attend the Pre-Bid Conference.

Prospective Bidders will have the opportunity to review the interior and exterior of the single family dwelling, take measurements, and ask questions to City representatives.

COMPLETION OF WORK: The tentative award date is October 28, 2025. A pre-construction meeting will be held on October 30, 2025, and work shall commence no later than November 10, 2025. All work shall be completed within 45 working days following written notice to proceed from the City. Please note that November 28, 2025 will be considered a non-working day. At the preconstruction meeting, or sooner, the contractor must advise the City of any long-lead items that could impact the project schedule.

AVAILABILITY OF CONTRACT DOCUMENTS: Bids must be submitted on the City’s Bid Forms.

Bidders may obtain a copy of the Contract Documents at no cost in digital format through Bidnet which can be accessed through the City’s website at
https://www.bidnetdirect.com/california/cityoftwentyninepalms. Please note that in order to be considered a plan holder, Contractor must still register as a plan holder through the City’s portal. A hard copy of the bid documents will be available for review at the City Clerk’s office.

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3 SECTION 100 - NOTICE INVITING BIDS
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. Any bid not accompanied by such guarantee will not be considered.

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 City, as set forth in the General Conditions. All of said bond and insurance requirements shall be completed and submitted to the City within ten (10) consecutive Working Days from the date the City gives written intentions to award the Contract. Failure to meet these requirements within the allotted time shall be sufficient cause for rejection of Bid.

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

PREVAILING WAGE RATES: The Director of the Department 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 office of the City Clerk 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.

This project is a public work in the State of California, funded in whole or in part with public funds.

Therefore, the higher of the two applicable prevailing wage rates, federal or state, will be enforced.

The Contractor’s duty to pay State prevailing wages can be found under Labor Code Section 1770 et seq. Labor Code Sections 1775 and 1777.7 outline the penalties for failure to pay prevailing wages and to employ apprentices, including forfeitures and debarment. The State Wage Decision is on file at the City Clerk’s office and is also available online at http://www.dir.ca.gov/dlsr/.

APPRENTICESHIP PROGRAM: Attention is directed to Sections 1777.5, 1777.6 and 1777.7 of the California Labor Code and Title 8, California Administrative code, Section 200 et seq. to ensure compliance and complete understanding of the law regarding apprentices.

MINORITY AND WOMEN OWNED BUSINESS: Bidders will be required to document their status as a Minority Business Enterprise (MBE), a Women-owned Business Enterprise (MBE) or a nonMBE/WBE firm. Bidders that are not MBE/WBE firms will be required to make a good faith effort, and to document their efforts to include firms as part of the contract bid.

PUBLIC WORKS CONTRACTOR REGISTRATION: 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

28314.00015\41921969.1
4 SECTION 100 - NOTICE INVITING BIDS
active registration with the Department of Industrial Relations for the duration of the Project.

Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code sections 1725.5 and 1771.1. 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.

CONFLICT OF INTEREST: In the procurement of supplies, equipment, construction, and services, the conflict of interest provisions in 2 CFR 200.318 shall apply. No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract. The officers, employees, and agents of the non-Federal entity may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts.

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 or B

SYSTEM FOR AWARD MANAGEMENT (SAM) REGISTRATION & UNIQUE ENTITY IDENTIFIER (UEI) REQUIREMENT: The successful bidder must be actively registered in the Federal System for Award Management (SAM) at www.SAM.gov. prior to award of contract and must maintain an active registration for the duration of the project. Registration in SAM includes obtaining and maintaining a Unique Entity ID (UEI).

All subcontractors engaged by the prime contractor must provide their UEI to the prime contractor prior to execution of a subcontract. It is the responsibility of the prime contractor to ensure that all subcontractors meet this requirement and to maintain documentation verifying subcontractor compliance.

Failure of the prime contractor or any subcontractor to comply with these requirements may be considered grounds for disqualification, withholding of payment, or termination of the contract.

CALIFORNIA AIR RESOURCE BOARD: The California Air Resources Board (“CARB”) implemented amendments to the In-Use Off-Road Diesel-Fueled Fleets Regulations (“Regulation”) which are effective on January 1, 2024 and apply broadly to all self-propelled off road diesel vehicles 25 horsepower or greater and other forms of equipment used in California. A copy of the Regulation is available at
https://ww2.arb.ca.gov/sites/default/files/barcu/regact/2022/off-roaddiesel/appa-1.pdf. Bidders are required to comply with all CARB and Regulation requirements, including, without limitation, all applicable sections of the Regulation, as codified in Title 13 of the California Code of Regulations section 2449 et seq. throughout the term of the Project. Bidders must provide, with their Bid, copies of Bidder’s and all listed subcontractors the most recent, valid Certificate of Reported Compliance (“CRC”) issued by CARB. Failure to provide valid CRCs as required herein may render the Bid non-responsive.

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5 SECTION 100 - NOTICE INVITING BIDS
AWARD OF CONTRACT: The City shall award the Contract for the Work to the lowest responsive, responsible bidder as determined from the base bid alone by the City. The City reserves the right to reject any or all bids or to waive any irregularities or informalities in any bids or in the bidding process.

CULTURAL SENSITIVY AND MONITORING:
1) If human remains or funerary objects are encountered during any activities associated with the project, work within a 100-foot buffer of the find shall cease, and the County Coroner shall be contacted pursuant to State Health and Safety Code §7050.5 and that code enforced for the duration of the project.
2) In the event that any pre-contact cultural resources are discovered during project activities, all work within a 60-foot buffer shall cease, and a qualified archaeologist meeting Secretary of Interior standards shall be hired to assess the find. Work on the other portions of the project outside of the buffered area may continue during this assessment period. Additionally, Yuhaaviatam of San Manuel Nation will be contacted if any such find occurs and be provided information and permitted/invited to perform a site visit when the archaeologist makes his/her assessment, in order to provide Tribal input. The archaeologist shall complete an isolate/site record for the find and submit this document to the Lead Agency for dissemination to the Yuhaaviatam of San Manuel Nation.
3) If eligible pre-contact resources are discovered, and avoidance cannot be ensured, an SOI-qualified archaeologist shall be retained to develop a cultural resources Treatment Plan and a Discovery and Monitoring Plan. Drafts of which shall be provided to Yuhaaviatam of San Manuel Nation for review and comment. The Lead Agency or designated POC shall, in good faith, consult with Yuhaaviatam of San Manuel Nation on the disposition and treatment of any artifacts or other cultural materials encountered during the project.

BID RESULTS: Bid results will be posted on the City’s bid portal at https://www.bidnetdirect.com/california/cityoftwentyninepalms.

END OF NOTICE INVITING BIDS

6 SECTION 200 - INSTRUCTIONS TO

BIDDERS
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 ineligible 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 City Clerk by faxing 760-240-7223 or emailing to [email protected].

Any interpretation of the Bid or Contract Documents will be made only by written addenda duly issued and mailed or delivered to each person or firm who has obtained a set of Bid and Contract Documents from the City. The City will not be responsible for any explanations or interpretations provided in any other manner. No person is authorized to make any oral interpretation of any provision in the Bid or Contract Documents to any bidder, and no bidder should rely on any such oral interpretation.

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

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7 SECTION 200 - INSTRUCTIONS TO BIDDERS

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 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 no less than 72 hours. 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 City Clerk to verify that it has received all addenda issued, if any, prior to the bid opening. Failure to acknowledge receipt of all addenda may result in bid rejection.

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

7. COMPLETION OF BID FORMS
Bids shall only be prepared using copies of the Bid Forms which are included in the Bid and Contract Documents. The use of Bid Forms other than clear and correct photocopies of those provided by the City will not be permitted. Bids shall be executed by an authorized signatory as described in these Instructions to Bidders. Bidders shall fill in all blank spaces (including inserting “N/A” where applicable) and initial all interlineations, alterations, or erasures to the Bid Forms.

Bidders shall neither delete, modify, nor supplement the printed matter on the Bid Forms nor make substitutions thereon. USE OF BLACK OR BLUE INK, INDELIBLE PENCIL OR A TYPEWRITER IS REQUIRED. Deviations in the Bid Form may result in the bid being deemed non-responsive.

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8 SECTION 200 - INSTRUCTIONS TO BIDDERS

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 or $10,000 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) Working 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.

Additionally, prior to execution of a Contract, the successful Bidder shall obtain a City of Twentynine Palms business license.

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

28314.00015\41921969.1
9 SECTION 200 - INSTRUCTIONS TO BIDDERS
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) Working 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:

Bid of [Bidder’s Name] for the [Project Name]
Only where expressly permitted in the Notice Inviting Bids may Bidders submit their bids via electronic transmission pursuant to Public Contract Code sections 1600 and 1601. Any acceptable method(s) of electronic transmission shall be stated in the Notice Inviting Bids. City may reject any bid not strictly complying with City’s designated methods for delivery.

14. 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.

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10 SECTION 200 - INSTRUCTIONS TO BIDDERS

15. 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.

16. 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 non-responsive any bid which unevenly weights or allocates costs, including but not limited to overhead and profit, to one or more particular bid items.

17. 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.

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

19. 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) Working Days from the date of the award to deliver to City the executed Contract, all of the required bonds, evidence of insurance, evidence of a City of Twentynine Palms business license, 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) Working Days from the date of the notification of award even if the City has not issued a Notice to Proceed.

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

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11 SECTION 200 - INSTRUCTIONS TO BIDDERS

21. 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.

22. 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 office of the City Clerk 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).

This project is a public work in the State of California, funded in whole or in part with public funds.

Therefore, the higher of the two applicable prevailing wage rates, federal or state, will be enforced.

The Contractor’s duty to pay State prevailing wages can be found under Labor Code Section 1770 et seq. Labor Code Sections 1775 and 1777.7 outline the penalties for failure to pay prevailing wages and to employ apprentices, including forfeitures and debarment. The State Wage Decision is on file at the City Clerk’s office and is also available online at http://www.dir.ca.gov/dlsr/.

23. 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.

24. 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.

25. 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. To this end, Bidder shall sign and submit with its Bid the Public Works Contractor Registration Certification on the form provided attesting to the facts contained therein. Failure to submit this form may render the Bid non-responsive. In addition,

28314.00015\41921969.1
12 SECTION 200 - INSTRUCTIONS TO BIDDERS
each Bidder shall provide the registration number for each listed subcontractor in the space provided in the Designation of Subcontractors Form.

Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code sections 1725.5 and 1771.1.

26. 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.

27. 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.

28. 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.

29. 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.

30. 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) Working 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:

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13 SECTION 200 - INSTRUCTIONS TO BIDDERS
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.

31. CALIFORNIA AIR RESOURCE BOARD – FLEET COMPLIANCE
The City is a Public Works Awarding Body, as defined under Title 13 California Code of Regulations section 2449(c)(46). Accordingly, Bidders must submit, with their Bids, a valid Certificate of Reported Compliance (“CRC”) for the Bidder’s and its listed subcontractors fleet (including any applicable leased equipment or vehicles). Bidder must complete and submit the Fleet Compliance Certification, included in the Bid Documents. Failure to provide a CRC for the Bidder, and for all listed subcontractors, or failure to complete the Fleet Compliance Certification, may render the Bid non-responsive.

END OF INSTRUCTIONS TO BIDDERS

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14 SECTION 300 - BID FORM
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:

BID SCHEDULE
Item
No. Bid Item Description Qty. Unit Unit Price Total
1 Demolition 1 LS
2 Electrical/Fixtures 1 LS
3 Plumbing/Fixtures 1 LS
4 Framing/Masonry 1 LS
5 Cabinetry 1 LS
6 Millwork 1 LS
7 Drywall Repair 1 LS
8 Paint/Interior/Exterior 1 LS
9 Flooring 1 LS
10 Exterior Window Replacement 2 EA
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.

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15 SECTION 300 - BID FORM
BASE BID PRICE (BASED ON BID SCHEDULE):
$ ________________________________________
Base Bid Price in Numbers
__________________________________________________________________________ Base Bid Price in Written Form
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 Working 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.

If the Contract Documents specify alternate bid items, the following Alternate Bid amounts shall be added to or deducted from the Base Bid Price entered above (please check the appropriate box), at the City’s sole option. The City can choose to include any, all or none of the Alternate Bid items in the Work. If the City selects any of the Alternate Bids items, the corresponding Alternate Bid prices shall be added to or deducted from Base Bid Price for the Work. The City can award/select Alternate Bid items at any time(s).

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

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

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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16 SECTION 300 - BID FORM
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. Public Works Contractor Registration Certification

10. CARB – Fleet Compliance Certification

11. Prime Contractor is registered in SAM.gov and holds an active UEI.

12. All subcontractors will be required to provide a UEI to the prime contractor prior to subcontract execution.

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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17 SECTION 305 - CONTRACTOR’S CERTIFICATE
REGARDING WORKERS’ COMPENSATION
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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18 SECTION 310 - BID BOND
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 Elm Avenue Tenant Improvement Project.

If the Principal does not withdraw its Bid within the time specified in the Contract Documents; and if the Principal is awarded the Contract and provides all documents to the City as required by the Contract Documents; then this obligation shall be null and void. Otherwise, this bond will remain in full force and effect.

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

In the event a lawsuit is brought upon this bond by the City and judgment is recovered, the Surety shall pay all litigation expenses incurred by the City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and expenses.

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

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19 SECTION 310 - BID BOND
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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

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

WITNESS my hand and official seal.

Signature of Notary Public

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

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

Signer is representing:

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

28314.00015\41921969.1
20 SECTION 310 - BID BOND
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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

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

WITNESS my hand and official seal.

Signature of Notary Public

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

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

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
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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- 21 - SECTION 320 – NON-COLLUSION

DECLARATION
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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- 22 - SECTION 330 - BIDDER INFORMATION AND

EXPERIENCE FORM
SECTION 330 - BIDDER INFORMATION AND EXPERIENCE FORM
A. INFORMATION ABOUT BIDDER
Failure to complete all information may render your bid non-responsive. (Indicate not applicable (“N/A”) where appropriate.)
NOTE: Where Bidder is a joint venture, pages shall be duplicated and information provided for all parties to the joint venture.

1.0 Name of Bidder: ___________________________________________

2.0 Type, if Entity: ___________________________________________

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

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

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

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

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

6.1 Date of Incorporation: ________________________________

6.2 State of Incorporation: ________________________________

6.3 President’s Name: ________________________________

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

6.5 Secretary’s Name: ________________________________

6.6 Treasurer’s Name: ________________________________

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- 23 - SECTION 330 - BIDDER INFORMATION AND

EXPERIENCE FORM

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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- 24 - SECTION 330 - BIDDER INFORMATION AND

EXPERIENCE FORM

14.0 List Trade References:
___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________

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

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

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- 25 - SECTION 330 - BIDDER INFORMATION AND

EXPERIENCE FORM
B. LIST OF CURRENT PROJECTS (Backlog)
[***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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- 26 - SECTION 330 - BIDDER INFORMATION AND

EXPERIENCE FORM
C. LIST OF COMPLETED PROJECTS - LAST THREE YEARS
[***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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- 27 - SECTION 330 - BIDDER INFORMATION AND

EXPERIENCE FORM
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 Building Officialing 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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- 28 - SECTION 330 - BIDDER INFORMATION AND

EXPERIENCE FORM
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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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, (c) the Department of Industrial Relations registration number, and (d) 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 onehalf 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 51% of the Work with its own forces and equipment.

Work to be done by
Subcontractor Name of Subcontractor Location of Business CSLB Contractor
License Number
DIR Registration
Number

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Subcontractor Name of Subcontractor Location of Business CSLB Contractor
License Number
DIR Registration
Number
Name of Bidder
Signature
Name and Title
Dated

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- 31 - SECTION 350 - IRAN CONTRACTING ACT

CERTIFICATION
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, Agency will be unable to obtain the goods and/or services to be provided pursuant to the Contract.

The amount of the Contract payable to the Contractor for the Work does not exceed $1,000,000.

Signed______________________________________________________ Titled_______________________________________________________ Firm_________________________________________________________ Date_________________________________________________________ Note: In accordance with Public Contract Code section 2205, false certification of this form shall be reported to the California Attorney General and may result in civil penalties equal to the greater of $250,000 or twice the Contract Price, termination of the Contract and/or ineligibility to bid on contracts for three years.

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- 32 - SECTION 360 – PUBLIC WORKS

CONTRACTOR REGISTRATION

CERTIFICATION
SECTION 360 – 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. See http://www.dir.ca.gov/PublicWorks/PublicWorks.html for additional information.

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.

Bidder hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.1
Name of Bidder:

DIR Registration Number:

DIR Registration Expiration:_________________________
Small Project Exemption: _____ Yes or _____ No
Unless Bidder is exempt pursuant to the small project exemption, Bidder further acknowledges:

1. Bidder shall maintain a current DIR registration for the duration of the project.

2. Bidder shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project.

3. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.

Name of Bidder
Signature
Name & Title
Dated__________________________________________________ 1 If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark “Yes” in response to “Small Project Exemption.”

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- 33 - SECTION 360 – PUBLIC WORKS

CONTRACTOR REGISTRATION

CERTIFICATION
SECTION 370 - FLEET COMPLIANCE CERTIFICATION
Bidder hereby acknowledges that they have reviewed the California Air Resources Board’s policies, rules and regulations and are familiar with the requirements of Title 13, California Code of Regulations, Division 3, Chapter 9, effective on January 1, 2024 (the “Regulation”). Bidder hereby certifies, subject to penalty for perjury, that the option checked below relating to the Bidder’s fleet, and/or that of their subcontractor(s) (“Fleet”) is true and correct:
 The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have been attached hereto.  The Fleet is exempt from the Regulation under section 2449.1(f)(2), and a signed description of the subject vehicles, and reasoning for exemption has been attached hereto.  Bidder and/or their subcontractor is unable to procure R99 or R100 renewable diesel fuel as defined in the Regulation pursuant to section 2449.1(f)(3). Bidder shall keep detailed records describing the normal refueling methods, their attempts to procure renewable diesel fuel and proof that shows they were not able to procure renewable diesel (i.e. third party correspondence or vendor bids).
 The Fleet is exempt from the requirements of the Regulation pursuant to section 2449(i)(4) because this Project has been deemed an Emergency, as defined under section 2449(c)(18). Bidder shall only operate the exempted vehicles in the emergency situation and records of the exempted vehicles must be maintained, pursuant to section 2449(i)(4).  The Fleet does not fall under the Regulation or are otherwise exempted and a detailed reasoning is attached hereto.

Name of Bidder:_________________________________________________ Signature: __________________________________________________ Name: __________________________________________________ Title: __________________________________________________ Date: __________________________________________________

28314.00015\41921969.1
34 SECTION 400 - CONTRACT FOR CONSTRUCTION
THIS CONTRACT is made this _____ day of _________, 20__, in San Bernardino County, State of California, by and between the City of Twentynine Palms, hereinafter called City, and ______________________________, hereinafter called Contractor. City and Contractor agree, for valuable consideration, as follows:

ARTICLE 1. SCOPE OF WORK. The Contractor shall perform all Work and provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents (specified in Article 5 below) for the public work of improvement titled:

Elm Avenue Tenant Improvement
The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. CONTRACT TIME. Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 30 Working Days from the commencement date stated in the Notice to Proceed, hereafter the Contract Time. By its signature hereunder, Contractor agrees the Contract Time is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE. The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of _______________________________________________________________________ Dollars ($_________________________________), hereinafter, the Contract Price. Payment shall be made as set forth in the General Conditions.

ARTICLE 4. LIQUIDATED DAMAGES. Contractor acknowledges that City will sustain actual damages for each and every Working Day completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the City’s actual damages. Accordingly, as provided in Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $500.00 for each and every Working Day of delay in completing the Work beyond the Contract Time, as Liquidated Damages and not as a penalty or forfeiture. In the event the Liquidated Damages are not paid, City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not affect the City’s rights to other damages or remedies specified in the Contract Documents or allowed by law.

Should Contractor be inexcusably delayed in the performance of the Work, City may deduct liquidated damages based on its estimate of when Contractor will achieve Final Completion or other Milestones. City need not wait until Final Completion to withhold liquidated damages from Contractor.

Liquidated damages are not a penalty but an agreed estimate of the actual damages that would be sustained by the City for delay, including but not limited to loss of revenue, inconvenience to the City and the public, and increased Project administration expenses such as extra inspection, construction management, staff time, and architectural and Building Officialing expenses.

28314.00015\41921969.1
35 Liquidated damages do not include damages the City incurs on account of claims by third parties against the City on account of any delay.

Should money due or to become due to Contractor be insufficient to cover liquidated damages or other offsets due, then Contractor forthwith shall pay the remainder of the assessed liquidated damages to City.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT. The “Contract Documents” include only the following documents, each of which is incorporated into this Contract for Construction by reference:

Notice Inviting Bids
Instructions to Bidders
Contractor's Bid Forms
Contractor’s Certificate Regarding Workers’ Compensation Bid Bond
Designation of Subcontractors
Information Required of Bidders
Non-Collusion Declaration Form
Iran Contracting Act Certification
Public Works Contractor Registration Certification
California Air Resources Board – Fleet Compliance Certification Performance Bond
Payment (Labor and Materials) Bond
General Conditions
Special Conditions
Technical Specifications prepared by Merrell-Johnson
Standard Specifications
Addenda
Plans prepared by Merrell-Johnson
Change Orders executed by City
Federal Documents
The Contactor shall complete the Work in strict accordance with all of the Contract Documents.

All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. In the event of a conflict, the various Contract Documents will be given effect in the order set forth in Article 2.b of the General Conditions.

This Contract constitutes the full and complete agreement between the parties with regard to the Project and the Work, and supersedes any prior agreement of the parties, whether written or oral.

The Contract can be modified only by a written Change Order executed in accordance with the Contract Documents.

ARTICLE 6. PROVISIONS REQUIRED BY LAW. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.

28314.00015\41921969.1
36 ARTICLE 7. INDEMNIFICATION. Contractor shall provide indemnification and defense as set forth in the General Conditions.

ARTICLE 8. PREVAILING WAGES. Contractor shall pay not less than the prevailing rate of wages in accordance with the Labor Code, which rates have been determined by the Director of the California Department of Industrial Relations and shall be made available at the office of the City Clerk or may be obtained online at http//www.dir.ca.gov/dlse.

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.

The wage rates must be posted at the job site.
[SIGNATURES ON FOLLOWING PAGE]

28314.00015\41921969.1
37 IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.

CITY OF TWENTYNINE PALMS CONTRACTOR
By: By:

Scott Nassif
Mayor
ATTEST:

Ms. La Vonda M. Pearson, City Clerk
APPROVED AS TO CONTENT:
___________________________
Douglas B. Robertson, City Manager
APPROVED AS TO FORM:

BEST BEST & KRIEGER LLP
__________________________
Thomas Rice, City Attorney

END OF CONTRACT

28314.00015\41921969.1
38 SECTION 510 - PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

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

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

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

As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the guarantee obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship.

The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15.

Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or

28314.00015\41921969.1
39 (2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

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

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

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

28314.00015\41921969.1
40 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)

28314.00015\41921969.1
41 Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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

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

WITNESS my hand and official seal.

Signature of Notary Public

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

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

Signer is representing:

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

28314.00015\41921969.1
42 Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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

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

WITNESS my hand and official seal.

Signature of Notary Public

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

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

Signer is representing:

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

28314.00015\41921969.1
43 SECTION 520 - PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Twentynine Palms (hereinafter designated as the “City”), by action taken or a resolution passed ___________ , 20____ has awarded to ________________ hereinafter designated as the “Principal,” a contract for the work described as follows:
____________________________________________________________________________ (the “Work”); and
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, Principal is required to furnish a bond in connection with the contract described above; providing that if Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

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

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

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

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

28314.00015\41921969.1
44 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]

28314.00015\41921969.1
45 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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46 Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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

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

WITNESS my hand and official seal.

Signature of Notary Public

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

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

Signer is representing:

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

28314.00015\41921969.1
47 Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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

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

WITNESS my hand and official seal.

Signature of Notary Public

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

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

Signer is representing:

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

48 SECTION 600 - GENERAL CONDITIONS

TABLE OF CONTENTS
Page
ARTICLE 1. DEFINITIONS.............................................................................................50 ARTICLE 2. CONTRACT DOCUMENTS ........................................................................51

2.1 GENERAL ............................................................................................................51

2.2 COPIES & MAINTENANCE..................................................................................52

2.3 OWNERSHIP OF DRAWINGS .............................................................................52

2.4 DETAIL DRAWINGS AND INSTRUCTIONS.........................................................52 ARTICLE 3. EXISTENCE OF UTILITIES AT THE SITE..................................................53

3.1 EXISTING UTILITIES ...........................................................................................53

3.2 UTILITY LOCATION .............................................................................................53

3.3 UTILITY RELOCATION AND REPAIR..................................................................54 ARTICLE 4. SCHEDULE ................................................................................................55 ARTICLE 5. SUBSTITUTIONS. ......................................................................................56 ARTICLE 6. SUBMITTALS .............................................................................................57

6.1 GENERAL ............................................................................................................57

6.2 SHOP DRAWINGS...............................................................................................57 ARTICLE 7. MATERIALS ...............................................................................................57 ARTICLE 8. CONTRACTOR’S SUPERVISION ..............................................................58 ARTICLE 9. WORKERS .................................................................................................58 ARTICLE 10. SUBCONTRACTORS.................................................................................58 ARTICLE 11. PERMITS AND LICENSES.........................................................................59 ARTICLE 12. UTILITY USAGE.........................................................................................59 ARTICLE 13. INSPECTION FEES FOR PERMANENT UTILITIES...................................59 ARTICLE 14. TRENCHES................................................................................................60

14.1 TRENCHES FIVE FEET OR MORE IN DEPTH....................................................60 ARTICLE 15. DIVERSION OF RECYCLABLE WASTE MATERIALS ...............................61 ARTICLE 16. REMOVAL OF HAZARDOUS MATERIALS ................................................61 ARTICLE 17. SANITARY FACILITIES..............................................................................61 ARTICLE 18. AIR POLLUTION CONTROL ......................................................................61 ARTICLE 19. COMPLIANCE WITH STATE STORM WATER PERMIT ............................62 ARTICLE 20. CLEANING UP............................................................................................62 ARTICLE 21. LAYOUT AND FIELD BUILDING OFFICIALING .........................................63 ARTICLE 22. NOISE ........................................................................................................63 ARTICLE 23. TESTS AND INSPECTIONS.......................................................................63 ARTICLE 24. PROTECTION OF WORK AND PROPERTY..............................................64 ARTICLE 25. CONTRACTORS MEANS AND METHODS................................................65 ARTICLE 26. INSPECTOR’S FIELD OFFICE...................................................................66 ARTICLE 27. AUTHORIZED REPRESENTATIVES .........................................................66 ARTICLE 28. LABOR .......................................................................................................66

28.1 HOURS OF WORK...............................................................................................66

28.2 PAYROLL RECORDS; LABOR COMPLIANCE ....................................................67

28.3 PREVAILING RATES OF WAGES .......................................................................68

28.4 PUBLIC WORKS CONTRACTOR REGISTRATION.............................................68

28.5 EMPLOYMENT OF APPRENTICES.....................................................................69

28.6 NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY/EMPLOYMENT ELIGIBILITY .........................................................................................................69

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Section 1.01 TABLE OF CONTENTS
(Continued)
Page
49 28.7 DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS .........................70

28.8 LABOR/EMPLOYMENT SAFETY.........................................................................70 ARTICLE 29. INSURANCE...............................................................................................71

29.1 WORKERS’ COMPENSATION INSURANCE.......................................................71

29.2 EMPLOYER’S LIABILITY INSURANCE................................................................71

29.3 COMMERCIAL GENERAL LIABILITY INSURANCE.............................................71

29.4 AUTOMOBILE LIABILITY INSURANCE ...............................................................72

29.5 BUILDER’S RISK [“ALL RISK”].............................................................................73

29.6 FORM AND PROOF OF CARRIAGE OF INSURANCE........................................74 ARTICLE 30. TIME FOR COMPLETION AND LIQUIDATED DAMAGES .........................78 ARTICLE 31. PAYMENT ..................................................................................................78

31.1 COST BREAKDOWN AND PERIODIC ESTIMATES............................................78

31.2 MOBILIZATION ....................................................................................................79

31.3 PAYMENTS..........................................................................................................80

31.4 PAYMENTS WITHHELD AND BACKCHARGES..................................................81 ARTICLE 32. CHANGES AND EXTRA WORK.................................................................82

32.1 CHANGE ORDER WORK.....................................................................................82

32.2 COST PROPOSALS.............................................................................................82 ARTICLE 33. SECURITIES FOR MONEY WITHHELD.....................................................85 ARTICLE 34. OCCUPANCY.............................................................................................85 ARTICLE 35. INDEMNIFICATION ....................................................................................85 ARTICLE 36. RECORD (“AS BUILT”) DRAWINGS ..........................................................86 ARTICLE 37. RESOLUTION OF CONSTRUCTION CLAIMS ...........................................86 ARTICLE 38. CITY’S RIGHT TO TERMINATE CONTRACT.............................................90

38.1 TERMINATION FOR CAUSE: ..............................................................................90

38.2 TERMINATION FOR CONVENIENCE:.................................................................91

38.3 SAVINGS CLAUSE...............................................................................................93 ARTICLE 39. WARRANTY AND GUARANTEE................................................................93 ARTICLE 40. DOCUMENT RETENTION & EXAMINATION .............................................94 ARTICLE 41. SOILS INVESTIGATIONS ..........................................................................94 ARTICLE 42. SEPARATE CONTRACTS..........................................................................95 ARTICLE 43. NOTICE AND SERVICE THEREOF ...........................................................95 ARTICLE 44. NOTICE OF THIRD PARTY CLAIMS..........................................................95 ARTICLE 45. STATE LICENSE BOARD NOTICE. ...........................................................95 ARTICLE 46. INTEGRATION ...........................................................................................96 ARTICLE 47. ASSIGNMENT ............................................................................................96 ARTICLE 48. CHANGE IN NAME AND NATURE OF CONTRACTOR’S LEGAL ENTITY96 ARTICLE 49. ASSIGNMENT OF ANTITRUST ACTIONS.................................................96 ARTICLE 50. PROHIBITED INTERESTS .........................................................................97 ARTICLE 51. LAWS AND REGULATIONS.......................................................................97 ARTICLE 52. PATENT FEES OR ROYALTIES. ...............................................................97 ARTICLE 53. NOTICE OF TAXABLE POSSESSORY INTEREST....................................97 ARTICLE 54. CARB FLEET COMPLIANCE .....................................................................97 ARTICLE 54. CARB FLEET COMPLIANCE 96

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50 ARTICLE 1. DEFINITIONS
a. Acceptable, Acceptance or words of similar import shall be understood to be the acceptance of the Building Official and/or the City .
b. Act of God is an earthquake of magnitude 3.5 or higher on the Richter scale or a tidal wave.
c. 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.
d. Contract Documents includes only those items listed in Article 5 of the Contract for Construction.
e. Contractor shall mean the entity identified in the Contract for Construction with which the City has contracted for performance of the Work.
f. Day shall mean a 24 hour calendar day unless otherwise specifically designated. g. 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. h. 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.
i. 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.
j. Provide shall mean to complete in place, that is furnish, install, test and make ready for use.
k. 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. l. Standard Specifications means that portion of the Contract Documents consisting of the written requirements for materials, equipment, construction systems, standards and workmanship for the work. For the purposes of these Contract Documents, the Standard Specifications shall include the: Green Book (most current edition) Notwithstanding the foregoing, Sections 1-9 of the State of California Department of Transportation Standard Specifications are specifically excluded from incorporation into these Contract Documents. Additionally, Sections 1-8 of the of the Standard Specifications for Public Works Construction (the “Greenbook”) are also specifically

28314.00015\41921969.1
51 excluded from incorporation into these Contract Documents. The Work shall be done in accordance with the Standard Specifications as defined in this Section, including all current supplements, addenda, and revisions thereof. In the case of conflict between the Standard Specifications and the Contract Documents, the Contract Documents shall prevail.
m. 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. n. 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.
o. Working Day shall mean a work day in accordance with the Caltrans 5-day Working Day Calendar.

ARTICLE 2. CONTRACT DOCUMENTS

2.1 GENERAL
a. Contract Documents. The Contract Documents are complementary, and what is called for by one shall be as binding as if called for by all. b. 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:
1) Change Orders or Work Change Directives, the most recent first 2) Addenda, the most recent first
3) Special Conditions
4) Technical Specifications
5) Plans (Contract Drawings) prepared by Merrell-Johnson 6) Contract for Construction
7) General Conditions
8) Instructions to Bidders
9) Notice Inviting Bids
10) Contractor’s Bid Forms
11) Standard Specifications
12) Standard Plans dated (latest edition)
13) Reference Documents
With reference to the Drawings, the order of precedence shall be as follows:
1) Figures govern over scaled dimensions
2) Detail drawings govern over general drawings
3) Addenda or Change Order drawings govern over Contract Drawings 4) Contract Drawings govern over Standard Drawings
5) Contract Drawings govern over Shop Drawings

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52 d. Conflicts in Contract Documents. Notwithstanding the orders of precedence established above, in the event of conflicts, the higher standard shall always apply. e. 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, 1 copy 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
a. 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.
b. 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.
c. 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.
d. 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

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53 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
a. 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.
b. 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
a. 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.
b. 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 rightof-way. c. A “High Priority Subsurface Installation” is defined in section 4216 (e) as “highpressure natural gas pipelines with normal operating pressures greater than 415kPA gauge (60psig) or greater than six inches nominal pipe diameter, petroleum pipelines, pressurized sewage pipelines, high-voltage electric supply lines, conductors, or cables that have a potential to ground of greater than or equal to 60kv, or hazardous materials pipelines that are potentially hazardous to workers or the public if damaged.” d. A “Subsurface Installation” is defined in section 4216 (l) as “any underground pipeline, conduit, duct, wire, or other structure, except nonpressurized sewer lines, nonpressurized storm drains, or other nonpressurized drain lines.” e. 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.

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54 f. 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. g. 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
a. If interferences occur at locations other than those indicated in the Contract Documents with reasonable accuracy, Contractor shall notify the City in writing. b. 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.
c. 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. d. 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

28314.00015\41921969.1
55 work being performed by such forces and shall allow the respective utilities time to relocate their facility.
e. 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.
f. 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
a. General Requirements. Unless otherwise directed by the City, 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, if requested, 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.
b. Initial Schedule. Unless otherwise directed by the City, within fourteen (14) Working Days after the issuance of the Notice of Award, Contractor shall prepare a schedule for performance of the Work and shall submit it for the City’s review. The receipt or review of any schedules by the City shall not in any way relieve the Contractor of its obligations under the Contract Documents. Contractor is fully responsible to determine and provide for any and all staffing and resources at levels which allow for the required quality and timely completion of the Work. Contractor’s failure to incorporate all elements of Work or any inaccuracy in the schedule shall not excuse the Contractor from performing all of the required Work within the Contract Time. If the initial schedule is not received by the time the first payment under the Contract is due, Contractor shall not be paid until the schedule is received, reviewed and accepted by the City.
c. 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 noncritical 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.
d. Schedule Contents. 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.

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56 ARTICLE 5. SUBSTITUTIONS.
a. 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.
b. 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. c. Unless otherwise permitted by the City, Contractor shall submit written requests for substitution or any “equal” material, process or article, together with substantiating data, no later than thirty-five (35) Working Days after award of the Contract. To facilitate the construction schedule and sequencing, some requests may need to be submitted before thirty-five (35) Working Days after award of Contract. Provisions regarding submission of substitution requests shall not in any way authorize an extension of the Contract Time. If a proposed “equal” substitution is rejected, Contractor shall be responsible for providing the specified material, process or article without adjustment to the Contract Price or Contract Time. The burden of proof as to the equality of any material, process or article shall rest with the Contractor. The City has the complete and sole discretion to determine if a material, process or article is an “equal” material, process or article that may be substituted. Contractor shall furnish the specified item without change in the Contract Price if the City rejects the proposed substitution.
d. 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.
e. The Contractor shall bear all of the City’s costs associated with the review of substitution requests, including review by design professionals. f. The Contractor shall be responsible for paying all costs related to a substituted “equal” material, process or article.
g. Contractor is directed to the Special Conditions (if any) to review any findings made pursuant to Public Contract Code section 3400.

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57 ARTICLE 6. SUBMITTALS

6.1 GENERAL
a. 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. b. 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.
c. 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. d. 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.
e. Contractor shall not be entitled to any extension of the Contract Time on account of the requirements of Article 6.

6.2 SHOP DRAWINGS
a. 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, electronic copies of all shop or setting drawings, calculations, schedules, and materials list, and all other provisions required by the Contract. b. 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
a. Except as otherwise specifically stated in the Contract Documents, Contractor shall provide and pay for all materials, labor, tools, equipment, water, lights, power, transportation, superintendence, temporary constructions of every nature, and all other services and facilities whatsoever necessary to execute and complete this Contract within the Contract Time.
b. 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.

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

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59 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. a. 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.
b. The Contractor shall arrange and pay for all off-site inspection of the Work related to permits and licenses, including certification, required by the specifications, drawings, or by governing authorities, except for such off-site inspections identified as the City's responsibility in the Contract Documents.
c. Before acceptance of the Work, the Contractor shall submit all licenses, permits, certificates of inspection and required approvals to the City.

ARTICLE 12. UTILITY USAGE
a. All temporary utilities, including but not limited to electricity, water, gas, and telephone, used on the Work shall be furnished and paid for by Contractor. Contractor shall Provide necessary temporary distribution systems, including meters, if necessary, from distribution points to points on the Work where the utility is needed. Upon completion of the Work, Contractor shall remove all temporary distribution systems. b. 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. c. All permanent meters installed shall be listed in the Contractor’s name until the Work is accepted.
d. 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.

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60 ARTICLE 14. TRENCHES

14.1 TRENCHES FIVE FEET OR MORE IN DEPTH.
a. 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 Building Official. The plan shall not be less effective than the shoring, bracing, sloping, or other provisions of the Construction Safety Orders, as defined in the California Code of Regulations, and all costs therefor shall be included in the Contract Price. Nothing in this section shall be deemed to allow the use of a shoring, bracing, sloping, or other protective system less effective than that required by the Construction Safety Orders. Nothing in this section shall be construed to impose a tort liability on the Owner, any of its officers, officials, partners, employees, agents, consultants or volunteers. The Owner's review of the Contractor's excavation plan is only for general conformance to the Construction Safety Orders. b. 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.
1) Excavations Deeper than Four Feet. If work under this Contract involves digging trenches or other excavation that extends deeper than four feet below the surface, Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any material that the Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and 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.
2) 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. 3) 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.
c. 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. d. 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.

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

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

ARTICLE 17. SANITARY FACILITIES
Contractor shall provide sanitary temporary toilet buildings for the use of all workers. All toilets shall comply with local codes and ordinances. 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 agency for its violations of Applicable Laws as well as those of its subcontractors or others for whom Contractor is responsible under its indemnity obligations provided for in Article 34.

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62 ARTICLE 19. COMPLIANCE WITH STATE STORM WATER PERMIT a. 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. Unless otherwise directed by the City, 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. b. 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.
c. 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. d. 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. e. 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.

ARTICLE 20. CLEANING UP
a. Contractor at all times shall keep Site free from debris such as waste, rubbish, and excess materials and equipment. Contractor shall not store debris under, in, or about the Site. Upon completion of Work, Contractor shall clean the interior and exterior of the building or improvement including fixtures, equipment, walls, floors, ceilings, roofs, window sills and ledges, horizontal projections, and any areas where debris has collected so surfaces are free from foreign material or discoloration. Contractor shall

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63 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.
b. 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 Working 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 BUILDING OFFICIALING
All field Building Officialing 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 Building Officialing elements of the Work shall be prepared by a registered civil Building Official.

ARTICLE 22. NOISE
a. 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.
b. 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
a. 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.
b. 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

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64 completion of the testing in compliance with the Contract Documents, at the Contractor’s cost.
c. Where inspection and testing are to be conducted by an independent laboratory or agency, materials or samples of materials to be inspected or tested shall be selected by such laboratory or agency, or by the City, and not by Contractor. All tests or inspections of materials shall be made in accordance with the commonly recognized standards of national organizations.
d. 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. e. 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.
f. 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
a. Contractor shall be responsible for all damages to persons or property that occur as a result of or in connection with the Work. Contractor shall be responsible for the proper care and protection of all materials delivered and Work performed until completion and final acceptance by the City. All Work shall be solely at the Contractor’s risk. Contractor shall protect adjacent property from settlement or loss of lateral support as necessary and shall give all notices required by law. Contractor shall comply with all applicable safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the Site. Contractor shall erect and properly maintain at all times, as required by field conditions and progress of work, all necessary safeguards, signs, barriers, lights, and watchmen for protection of workers and the public, and shall post danger signs warning against hazards created in the course of construction. b. 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).
c. Contractor shall provide such heat, covering, and enclosures as are necessary to protect all Work, materials, equipment, appliances, and tools against damage by weather conditions.

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65 d. Contractor shall take adequate precautions to protect existing sidewalks, curbs, pavements, utilities, and other adjoining property and structures, and to avoid damage thereto, and Contractor shall repair any damage thereto caused by the Work operations. Contractor shall:
1) Enclose the working area with a substantial barricade and arrange work to cause minimum amount of inconvenience and danger to the public. 2) Provide substantial barricades around any shrubs or trees to be preserved. 3) Deliver materials to the Site over a route designated by the City. 4) Provide any and all dust control required and follow the applicable air quality regulations as appropriate. If the Contractor does not comply immediately with a notice from City or an public agency responsible for air quality, the City shall have the authority to provide dust control and deduct the cost from payments to the Contractor.
5) Confine Contractor’s apparatus, the storage of materials, and the operations of its workers to limits required by law, ordinances, permits, or directions of the City.

Contractor shall not unreasonably encumber the Site with its materials. 6) Take care to prevent disturbing or covering any survey markers, monuments, or other devices marking property boundaries or corners. If such markers are disturbed by accident, they shall be replaced by a civil Building Official or land surveyor acceptable to City, at no cost to the City.
7) Ensure that existing facilities, fences and other structures are all adequately protected and that, upon completion of all Work, all facilities that may have been damaged are restored to a condition acceptable to the City. 8) Preserve and protect from injury all buildings, pole lines and all direction, warning and mileage signs that have been placed within the right-of-way. 9) At the completion of work each day, leave the Work and the Site in a clean, safe condition.
10) Comply with any stage construction and 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.
e. 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.

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66 ARTICLE 26. INSPECTOR’S FIELD OFFICE
a. If applicable, 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.
b. A table satisfactory for the study of plans and two chairs shall be provided by Contractor. Contractor shall provide and pay for adequate electric lights, local telephone service, and adequate heat and air conditioning for the field office until authorized removal.

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

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

ARTICLE 28. LABOR

28.1 HOURS OF WORK
a. 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.
b. 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. c. 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:
1) Powered Vehicles
2) Construction Equipment
3) Loading and Unloading Vehicles
4) Domestic Power Tools.

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67 28.2 PAYROLL RECORDS; LABOR COMPLIANCE
a. 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.
b. In accordance with Labor Code section 1771.4, the Contractor and each subcontractor shall furnish the certified payroll records directly to the Department of Industrial Relations (“DIR”) on a weekly basis and in the format prescribed by the DIR, which may include electronic submission. Contractor shall comply with all requirements and regulations from the DIR relating to labor compliance monitoring and enforcement.

The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code section 1771.4.
c. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor. d. 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:
1) 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.
2) A certified copy of all payroll records described herein shall be made available for inspection or furnished upon request of the DIR.
e. 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. f. 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. g. 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.

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68 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
a. The Contractor is aware of the requirements of Labor Code sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, section 16000 et seq. (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. Since this Work involves an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws.

The Contractor shall obtain a copy of the prevailing rates of per diem wages at the commencement of this Contract from the website of the Division of Labor Statistics and Research of the Department of Industrial Relations located at www.dir.ca.gov/dlse/. In the alternative, the Contractor may view a copy of the prevailing rates of per diem wages at the City. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to perform the Work available to interested parties upon request and shall post copies at the Contractor’s principal place of business and at the Site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or allege failure to comply with the Prevailing Wage Laws. b. 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. c. 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.

Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code section 1725.5 and 1771.1 shall not apply to work performed on a public

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69 works project that is exempt pursuant to the small project exemption specified in Labor Code sections 1725.5 and 1771.1.

28.5 EMPLOYMENT OF APPRENTICES
a. Contractor and all subcontractors shall comply with the requirements of Labor Code sections 1777.5 and 1777.6 in the employment of apprentices. b. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
c. Knowing violations of Labor Code section 1777.5 will result in forfeiture not to exceed one hundred dollars ($100.00) for each calendar day of non-compliance pursuant to Labor Code section 1777.7.
d. The responsibility for compliance with this Article shall rest upon the Contractor.

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, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, or any other classifications protected by law on this Project. The Contractor will take affirmative action to insure that employees are treated during employment or training without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, or any other classifications protected by law.
a. Employment Eligibility; Contractor. By executing this Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time.

Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor. Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Contract and shall not violate any such law at any time during the term of the Contract. Contractor shall avoid any violation of any such law during the term of this Contract by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Contractor shall maintain records of each such verification and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours.

The City shall not be responsible for any costs or expenses related to Contractor’s compliance with the requirements provided for in this Article 28.

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70 b. Employment Eligibility; Subcontractors, Sub-subcontractors and Consultants. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and consultants performing any part of the Work or of this Contract to make the same verifications and comply with all requirements and restrictions provided for in Article 28. c. Employment Eligibility; Failure to Comply. Each person executing this Contract on behalf of Contractor verifies that he or she is a duly authorized officer of Contractor and that any of the following shall be grounds for the City to terminate the Contract for cause: (1) failure of Contractor or its subcontractors, sub-subcontractors or consultants to meet any of the requirements provided for in Article 28; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Contractor under Article

28.5); or (3) failure to immediately remove from the Work any person found not to be in compliance with such requirements.

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

28.8 LABOR/EMPLOYMENT SAFETY
The Contractor shall comply with all applicable laws and regulations of the federal, state, and local government, including Cal/OSHA requirements and requirements for verification of employees’ legal right to work in the United States.

The Contractor shall maintain emergency first aid treatment for his employees which complies with the Federal Occupational Safety and Health Act of 1970 (29 U.S.C. § 651 et seq.), and California Code of Regulations, Title 8, Industrial Relations Division 1, Department of Industrial Relations, Chapter 4. Contractor shall ensure the availability of emergency medical services for its employees in accordance with California Code of Regulations, Title 8, Section 1512.

The Contractor shall submit the Illness and Injury Prevention Program and a Project site specific safety program to the City prior to beginning Work at the Project site. Contractor shall maintain a confined space program that meets or exceeds the City Standards.

Contractor shall adhere to the City’s lock out tag out program.

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71 ARTICLE 29. INSURANCE

29.1 WORKERS’ COMPENSATION INSURANCE
Workers’ Compensation/Employers Liability – A program of Workers’ Compensation insurance or a state-approved, self-insurance program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer’s Liability with $250,000 limits covering all persons including volunteers providing services on behalf of the Contractor and all risks to such persons under this contract.

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

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

29.3 COMMERCIAL GENERAL LIABILITY INSURANCE
a. With respect to Contractors that are non-profit corporations organized under California or Federal law, volunteers for such entities are required to be covered by Workers’ Compensation insurance. Commercial/General Liability Insurance – The Contractor shall carry General Liability Insurance covering all operations performed by or on behalf of the Contractor providing coverage for bodily injury and property damage with a combined single limit of not less than one million dollars ($1,000,000), per occurrence. The policy coverage shall include:
b. Contractor shall procure and maintain during the life of this Contract and for such other period as may be required herein, at its sole expense, occurrence form Commercial General Liability insurance coverage, at least as broad as the most current ISO CAL Form 00 01 including but not limited to, premises liability, contractual liability, products/completed operations, personal and advertising injury which may arise from or out of Contractor’s operations, use, and management of

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72 the Site, or the performance of its obligations hereunder. The policy shall not contain any exclusion contrary to this Contract including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross-liability for claims or suits against one insured against another. Policy limits shall not be less than $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Defense costs shall be paid in addition to the limits.
c. Such policy shall comply with all the requirements of this Article. The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Contractor from liability in excess of such d. coverage, nor shall it limit Contractor’s indemnification obligations to the City, and shall not preclude the City from taking such other actions available to the City under other provisions of the Contract Documents or law.
e. Contractor shall make certain that any and all subcontractors hired by Contractor are insured in accordance with this Contract. If any subcontractor’s coverage does not comply with the foregoing provisions, Contractor shall indemnify and hold the City harmless from any damage, loss, cost, or expense, including attorneys’ fees, incurred by the City as a result thereof.
f. All general liability policies provided pursuant to the provisions of this Article shall comply with the provisions of the Contract Documents.
g. All general liability policies shall be written to apply to all bodily injury, including death, property damage, personal injury, owned and non-owned equipment, blanket contractual liability, completed operations liability, explosion, collapse, under-ground excavation, removal of lateral support, and other covered loss, however occasioned, occurring during the policy term, and shall specifically insure the performance by Contractor of that part of the indemnification contained in these General Conditions relating to liability for injury to or death of persons and damage to property. If the coverage contains one or more aggregate limits, a minimum of 50% of any such aggregate limit must remain available at all times; if over 50% of any aggregate limit has been paid or reserved, the City may require additional coverage to be purchased by Contractor to restore the required limits. Contractor may combine primary, umbrella, and as broad as possible excess liability coverage to achieve the total limits indicated above. Any umbrella or excess liability policy shall include the additional insured endorsement described in the Contract Documents. h. Such insurance shall comply with the provisions of Article 29.6 below.

29.4 AUTOMOBILE LIABILITY INSURANCE
Automobile Liability Insurance – Primary insurance coverage shall be written on ISO Business Auto coverage form for all owned, hired and non-owned automobiles or symbol

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73 1 (any auto). The policy shall have a combined single limit of not less than one million dollars ($1,000,000) for bodily injury and property damage, per occurrence.

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

29.5 BUILDER’S RISK [“ALL RISK”]
a. If applicable, it is the Contractor’s responsibility to maintain or cause to be maintained Builder’s Risk [“All Risk”] extended coverage insurance on all work, material, equipment, appliances, tools, and structures that are or will become part of the Work and subject to loss or damage by fire, and vandalism and malicious mischief, in an amount to cover 100% of the replacement cost. The City accepts no responsibility for the Work until the Work is formally accepted by the City. The Contractor shall provide a certificate evidencing this coverage before commencing performance of the Work.
b. The named insureds shall be Contractor, all Subcontractors of any tier (excluding those solely responsible for design work), suppliers, and City, its elected and appointed officers, agents, officials, employees and volunteers, as their interests may appear. Contractor shall not be required to maintain property insurance for any portion of the Work following acceptance by City.
c. Policy shall be provided for replacement value on an “all risk” basis. There shall be no coinsurance penalty provision in any such policy. Policy must include:coverage for any ensuing loss from faulty workmanship, nonconforming work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) transit coverage, including ocean marine coverage (unless insured by the supplier), with sub-limits sufficient to insure the full replacement value of any key equipment item; and (5) coverage with sublimits sufficient to insure the full replacement value of any property or equipment stored either on or off the Site. Such insurance shall be on a form acceptable to City to ensure adequacy and sublimit.
d. In addition, the policy shall meet the following requirements:
1) Insurance policies shall be so conditioned as to cover the performance of any extra work performed under the Contract.
2) Coverage shall include all materials stored on site and in transit. 3) Coverage shall include Contractor’s tools and equipment. 4) Insurance shall include boiler, machinery and material hoist coverage.

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

29.6 FORM AND PROOF OF CARRIAGE OF INSURANCE
a. Additional Insured – All policies, except for the Workers’ Compensation, Errors and Omissions and Professional Liability policies, shall contain endorsements naming the County and its officers, employees, agents and volunteers as additional insureds with respect to liabilities arising out of the performance of services hereunder. The additional insured endorsements shall not limit the scope of coverage for the County to vicarious liability but shall allow coverage for the County to the full extent provided by the policy. Such additional insured coverage shall be at least as broad as Additional Insured (Form B) endorsement form ISO, CG 2010.11 85. b. Waiver of Subrogation Rights – The Contractor shall require the carriers of required coverages to waive all rights of subrogation against the County, its officers, employees, agents, volunteers, contractors and subcontractors. All general or auto liability insurance coverage provided shall not prohibit the Contractor and Contractor’s employees or agents from waiving the right of subrogation prior to a loss or claim. The Contractor hereby waives all rights of subrogation against the County.
c. Policies Primary and Non-Contributory – All policies required herein are to be primary and non-contributory with any insurance or self-insurance programs carried or administered by the County.
d. Severability of Interests – The Contractor agrees to ensure that coverage provided to meet these requirements is applicable separately to each insured and there will be no cross-liability exclusions that preclude coverage for suits between the Contractor and the County or between the County and any other insured or additional insured under the policy.
e. Proof of Coverage – The Contractor shall furnish Certificates of Insurance to the County Department administering the contract evidencing the insurance coverage at the time the contract is executed, additional endorsements, as required shall be provided prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to the Department, and Contractor shall maintain such insurance from the time Contractor commences performance of services hereunder until the completion of such services. Within fifteen (15) days of the commencement of this contract, the Contractor shall furnish a copy of the Declaration page for all applicable policies and will provide complete certified copies of the policies and endorsements immediately upon request. f. Acceptability of Insurance Carrier – Unless otherwise approved by Risk Management, insurance shall be written by insurers authorized to do business in the State of California and with a minimum “Best” Insurance Guide rating of “A- VII”. g. Deductibles and Self-Insured Retention - Any and all deductibles or self-insured retentions in excess of $10,000 shall be declared to and approved by Risk Management.

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75 h. Failure to Procure Coverage – In the event that any policy of insurance required under this contract does not comply with the requirements, is not procured, or is canceled and not replaced, the County has the right but not the obligation or duty to cancel the contract or obtain insurance if it deems necessary and any premiums paid by the County will be promptly reimbursed by the Contractor or County payments to the Contractor will be reduced to pay for County purchased insurance. i. Insurance Review – Insurance requirements are subject to periodic review by the County. The Director of Risk Management or designee is authorized, but not required, to reduce, waive or suspend any insurance requirements whenever Risk Management determines that any of the required insurance is not available, is unreasonably priced, or is not needed to protect the interests of the County. In addition, if the Department of Risk Management determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Director of Risk Management or designee is authorized, but not required, to change the above insurance requirements to require additional types of insurance coverage or higher coverage limits, provided that any such change is reasonable in light of past claims against the County, inflation, or any other item reasonably related to the County’s risk. j. The Contractor agrees to provide insurance set forth in accordance with the requirements herein. If the Contractor uses existing coverage to comply with these requirements and that coverage does not meet the specified requirements, the Contractor agrees to amend, supplement or endorse the existing coverage to do so.

The type(s) of insurance required is determined by the scope of the contract services.
1) Any insurance carrier providing insurance coverage required by the Contract Documents shall be admitted to and authorized to do business in the State of California unless waived, in writing, by the City’s Risk Manager. Carrier(s) shall have an A.M. Best rating of not less than an A:VII. Insurance deductibles or selfinsured retentions must be declared by the Contractor, and such deductibles and retentions shall have the prior written consent from the City. At the election of the City the Contractor shall either 1) reduce or eliminate such deductibles or self-insured retentions, or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses. If umbrella or excess liability coverage is used to meet any required limit(s) specified herein, the Contractor shall provide a “follow form” endorsement satisfactory to the City indicating that such coverage is subject to the same terms and conditions as the underlying liability policy. 2) Contractor shall cause its insurance carrier(s) to furnish the City with either 1) a properly executed original Certificates(s) of Insurance and certified original copies of Endorsements effecting coverage as required herein, or 2) if requested to do so in writing by the City’s Risk Manager, provide original certified copies of policies including all Endorsements and all attachments thereto, showing such insurance is in full force and effect.
k. The City, its officials, officers, employees, agents and representatives shall be named as Additional Insureds on Contractor’s All Risk policy and on Contractor’s and its subcontractors’ policies of Commercial General Liability and Automobile

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76 Liability insurance using, for Contractor’s policy/ies of Commercial General Liability insurance, ISO CG forms 20 10 and 20 37 (or endorsements providing the exact same coverage), and, for subcontractors’ policies of Commercial General Liability insurance, ISO CG form 20 38 (or endorsements providing the exact same coverage). Notwithstanding the minimum limits set forth in this Contract for any type of insurance coverage, all available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as Additional Insureds hereunder. Contractor and its insurance carriers shall provide a Waiver of Subrogation in favor of those parties. Further, the Certificates(s) and policies of insurance shall contain or shall be endorsed to contain the covenant of the insurance carrier(s) that it shall provide no less than thirty (30) days written notice be given to the City prior to any material modification or cancellation of such insurance. In the event of a material modification or cancellation of coverage, the City may terminate the Contract or stop the Work in accordance with the Contract Documents, unless the City receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverage’s set forth herein and the insurance required herein is in full force and effect. Contractor shall not take possession, or use the Site, or commence operations under this Contract until the City has been furnished original Certificate(s) of Insurance and certified original copies of endorsements or policies of insurance including all endorsements and any and all other attachments as required in this section. The original endorsements for each policy and the Certificate of Insurance shall be signed by an individual authorized by the insurance carrier to do so on its behalf.
1) The Certificate(s) of Insurance, policies and endorsements shall so covenant and shall be construed as primary, and the City’s insurance and/or deductibles and/or self- insured retentions or self-insured programs shall not be construed as contributory. The Contractor shall provide endorsement(s) to this effect, using ISO CG form 20 01 or endorsement(s) providing the exact same coverage, at the City’s request.
2) The City reserves the right to adjust the monetary limits of insurance coverages during the term of this Contract including any extension thereof if in the City’s reasonable judgment, the amount or type of insurance carried by the Contractor becomes inadequate.
3) Contractor shall require all tiers of sub-contractors working under this Contract to provide the insurance required under this Article 29 unless otherwise agreed to in writing by City.
l. Indemnification – The Contractor agrees to indemnify, defend (with counsel reasonably approved by County) and hold harmless the County and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of this contract from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by the County on account of any claim except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of indemnitees. The Contractor’s indemnification obligation applies to the County’s “active” as well as “passive” negligence but does

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77 not apply to the County’s “sole negligence” or “willful misconduct” within the meaning of Civil Code Section 2782.
m. "CONSULTANT shall defend and indemnify PUBLIC AGENCY for claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the design professional".
n. Any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this contract. Contractor agrees to execute any such amendment within thirty (30) days of receipt.
o. Any failure, actual or alleged, on the part of the County to monitor or enforce compliance with any of the insurance and indemnification requirements will not be deemed as a waiver of any rights on the part of the County. p. Without in anyway affecting the indemnity herein provided and in addition thereto, the Contractor shall secure and maintain throughout the contract term the following types of insurance with limits as shown:
q. If Contractor has no employees, it may certify or warrant to the County that it does not currently have any employees or individuals who are defined as “employees” under the Labor Code and the requirement for Workers’ Compensation coverage will be waived by the County’s Director of Risk Management. 1) Premises operations and mobile equipment.
2) Products and completed operations.
3) Broad form property damage (including completed operations). 4) Explosion, collapse and underground hazards.
5) Personal injury
6) Contractual liability.
7) $2,000,000 general aggregate limit.
r. If the Contractor is transporting one or more non-employee passengers in performance of contract services, the automobile liability policy shall have a combined single limit of two million dollars ($2,000,000) for bodily injury and property damage per occurrence.
s. If the Contractor owns no autos, a non-owned auto endorsement to the General Liability policy described above is acceptable.
t. Umbrella Liability Insurance – An umbrella (over primary) or excess policy may be used to comply with limits or other primary coverage requirements. When used, the umbrella policy shall apply to bodily injury/property damage, personal injury/advertising injury and shall include a “dropdown” provision providing primary

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78 coverage for any liability not covered by the primary policy. The coverage shall also apply to automobile liability.

ARTICLE 30. TIME FOR COMPLETION AND LIQUIDATED DAMAGES
a. Time for Completion/Liquidated Damages. Work shall be commenced within ten (10) Working Days of the date stated in the City’s Notice to Proceed and shall be completed by Contractor within the Contract Time(s) set forth in Article 2 of the Contract for Construction. If the Work is not completed within the Contract Time(s), it is understood that the City will suffer damage, and that is and will be difficult and/or impossible to ascertain and determine the actual damage which the City will sustain in the event of and by reason of the Contractor’s failure to complete the Work within the Contract Time(s). In accordance with Government Code section 53069.85, it is agreed that Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum stipulated in the Contract for each Working Day of delay until the Work is fully completed. Contractor and its surety shall be liable for any liquidated damages. Any money due or to become due the Contractor may be retained to cover liquidated damages.
b. Inclement Weather. Contractor shall be bound by the City’s determination of what constitutes inclement weather. Time extensions for inclement weather shall only be granted when the Work stopped during inclement weather is on the critical path of the then-current Project schedule.
c. Extension of Time. Contractor shall not be charged liquidated damages because of any delays in completion of the Work due to unforeseeable causes beyond the control and without the fault or negligence of Contractor (or its subcontractors or suppliers).

Contractor shall within five (5) Working Days of identifying any such delay notify the City in writing of causes of delay. The City shall ascertain the facts and extent of delay and grant extension of time for completing the Work when, in its judgment, the facts justify such an extension. Time extensions to the Work shall be requested by the Contractor as they occur and without delay. No delay claims shall be permitted unless the event or occurrence delays the completion of the Work beyond the Contract completion date.
d. No Damages for Reasonable Delay. The City’s liability to Contractor for delays for which the City is responsible shall be limited to only an extension of time unless such delays were unreasonable under the circumstances. In no case shall the City be liable for any costs which are borne by the Contractor in the regular course of business, including, but not limited to, home office overhead and other ongoing costs. Damages caused by unreasonable City delay, including delays caused by items that are the responsibility of the City pursuant to Government Code section 4215, shall be based on actual costs only, no proportions or formulas shall be used to calculate any delay damages.

ARTICLE 31. PAYMENT

31.1 COST BREAKDOWN AND PERIODIC ESTIMATES
Contractor shall furnish on forms approved by the City:

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79 a. A detailed Schedule of Values giving an itemized breakdown of the Contract Price within ten (10) Working Days of award of the Contract. The Schedule of Values shall be adjusted as directed by City.
b. A monthly itemized estimate of Work done for the purpose of making progress payments. In order for the City to consider and evaluate each progress payment application, the Contractor shall submit a detailed measurement of Work performed and a progress estimate of the value thereof before the tenth (10th) Working Day of the following month.
c. Contractor shall submit, with each of its payment requests, an adjusted list of actual quantities, verified by the City, for unit price items listed, if any, in the Bid Form. d. Following the City’s acceptance of the Work, the Contractor shall submit to the City a written statement of the final quantities of unit price items for inclusion in the final payment request.
e. The City shall have the right to adjust any estimate of quantity and to subsequently correct any error made in any estimate for payment. Contractor will include all of the following materials with each payment application:
1) an updated schedule showing the actual status of the Work and incorporating all changes to the Work.
2) Contractor’s conditional waiver of lien for the entire amount covered by such payment request, as well as a valid unconditional waiver of lien from the Contractor and all subcontractors and materialmen for all work and materials included in any prior invoices. Waivers of lien shall be in the forms prescribed by California Civil Code sections 8132, 8134, 8136, and 8138. Prior to final payment by the City, the Contractor shall submit a final conditional waiver of lien for the Contractor’s work, together with unconditional releases of lien from any subcontractor or materialmen for all previous payments and conditional releases for any remaining payments. 3) Unconditional Waiver and Release of Liens upon Progress Payment from all subcontractors and material suppliers who have performed work or provided materials included in previous payment application.
f. Contractor shall certify under penalty of perjury that all cost breakdowns and periodic estimates accurately reflect the status of the Work and that all work included in the payment application meets the requirements of the Contract Documents.

31.2 MOBILIZATION
a. When the Bid Form includes a bid item for mobilization, the costs of Work in advance of construction operations and not directly attributable to any specific bid item will be included in the progress estimate as “Mobilization.” When no bid item is provided for “Mobilization,” payment for such costs will be deemed to be included in the other items of the Work.
b. Payment for Mobilization shall be based on the lump sum provided in the Bid Form, which shall constitute full compensation for all such Work. No payment for Mobilization

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80 will be made until all of the items listed below have been completed to the satisfaction of the City. The scope of the Work included under Mobilization shall include, but shall not be limited to, the following principal items:
c. Obtaining, paying for and delivering to City all bonds, insurance, and permits. d. Moving on to the Site all Contractor’s plant and equipment required for first month’s operations.
e. Installing temporary construction power, wiring, and lighting facilities. f. Establishing fire protection system.
g. Developing and installing a construction water supply. h. Providing and maintaining the field office trailers for the Contractor and the City, complete, with all specified furnishings and utility services including telephones, telephone appurtenances, computer and printer, and copying machine. i. Providing on-site communication facilities for the City, including telephones, radio pagers, and fax machines.
j. Providing on-site sanitary facilities and potable water facilities as specified per CalOSHA and these Contract Documents. k. Furnishing, installing, and maintaining all storage buildings or sheds required for temporary storage of products, equipment, or materials that have not yet been installed in the Work. All such storage shall meet manufacturer’s specified storage requirements, and the specific provisions of the specifications, including temperature and humidity control, if recommended by the manufacturer, and for all security. l. Arranging for and erection of Contractor’s work and storage yard. m. Posting all OSHA required notices and establishment of safety programs per CalOSHA. n. Full-time presence of Contractor’s superintendent at the Site as required herein. o. Submittal of initial Construction Schedule as required by the Contract Documents.

31.3 PAYMENTS
a. The City shall make monthly progress payments following receipt of undisputed and properly submitted payment requests. Unless otherwise specified in the Notice, Contractor shall be paid a sum equal to ninety five percent (95%) of the value of Work performed up to the last day of the previous month, less the aggregate of previous payments.
b. The Contractor shall, after the full completion of the Work, submit a final payment application. All prior progress estimates shall be subject to correction in the final estimate and payment.

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81 c. Unless otherwise required by law, the final payment of five percent (5%) of the value of the Work, if unencumbered, shall be paid no later than sixty (60) Days after the date of recordation of the Notice of Completion.
d. Acceptance by Contractor of the final payment shall constitute a waiver of all claims against the City arising from this Contract except those previously stated in writing in accordance with Article 36.
e. Payments to the Contractor shall not be construed to be an acceptance of any defective work or improper materials, or to relieve the Contractor of its obligations under the Contract Documents.

31.4 PAYMENTS WITHHELD AND BACKCHARGES
In addition to amounts which City may retain under other provisions of the Contract Documents, City may withhold payments due to Contractor as City may consider appropriate to protect City from any of the following:
a. Stop Payment Notice Claims.
b. Defective work not remedied.
c. Failure of Contractor to make proper payments to its subcontractors or suppliers. d. Completion of the Contract if there exists a reasonable doubt that the work can be completed for balance then unpaid.
e. Damage to another contractor or third party.
f. Amounts which may be due the City for claims against Contractor. g. Failure of Contractor to keep the record (“as-built”) drawings up to date. h. Failure to provide updates on the construction schedule. i. Site cleanup.
j. Failure of the Contractor to comply with requirements of the Contract Documents. k. Liquated damages.
l. Legally permitted penalties.

Upon completion of the Contract, the City will reduce the final Contract Price to reflect costs charged to the Contractor, back charges or payments withheld pursuant to the Contract Documents.

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82 ARTICLE 32. CHANGES AND EXTRA WORK

32.1 CHANGE ORDER WORK.
a. The City, without invalidating the Contract, may order changes in the Work consisting of additions, deletions or other revisions, and the Contract Price and Contract Time shall be adjusted accordingly. All such changes in the Work shall be authorized by Change Order and shall be performed under the applicable conditions of the Contract Documents. A Change Order signed by the Contractor indicates the Contractor's agreement therewith, including any adjustment in the Contract Price or the Contract Time, and the full and final settlement of all costs (direct, indirect and overhead) related to the Work authorized by the Change Order.
b. Contractor shall promptly execute changes in the Work as directed in writing by City even when the parties have not reached agreement on whether the change increases the scope of Work or affects the Contract Price of Contract Time, if any. All claims for additional compensation to the Contractor shall be presented in writing. No claim will be considered after the work in question has been done unless a written contract change order has been issued or a timely written notice of claim has been made by Contractor. Contractor shall not be entitled to claim or bring suit for damages, whether for loss of profits or otherwise, on account of any decrease or omission of any item or portion of Work to be done. Whenever any change is made as provided for herein, such change shall be considered and treated as though originally included in the Contract Documents, and shall be subject to all terms, conditions and provisions of the original Contract Documents.
c. Owner Initiated Change. The Contractor must submit a complete cost proposal, including any change in the Contract Time, within seven (7) Working Days after receipt of a proposed change order initiated by City, unless City requests that proposals be submitted in less than seven (7) Working Days.
d. Contractor Initiated Change. The Contractor must give written notice of a claim for a proposed change order, additional compensation or adjustment of the Contract Time within seven (7) Working Days of discovery of the facts giving rise to the proposed change order.

32.2 COST PROPOSALS
a. Whenever possible, any changes to the Contract Price shall be in a lump sum mutually agreed to by the Contractor and the City.
b. Price quotations from the Contractor shall be accompanied by such detailed supporting documentation, including but not limited to estimates and quotations from subcontractors or material suppliers, as City may reasonably request. c. If the Contractor fails to submit a complete cost proposal within seven (7) Working Days (or as requested), the City has the right to order the Contractor in writing to commence the work immediately on a force account basis and/or issue a lump sum change to the Contract Price and/or Contract Time in accordance with the City’s estimate. If the change is issued based on the City estimate, the Contractor will waive its right to dispute the amount of compensation or time unless within fifteen (15)

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83 Working Days following receipt of the City’s estimate, the Contractor presents written proof that the City’s estimate was in error.
d. Estimates for lump sum quotations and accounting for force account work shall be limited to direct expenditures necessitated specifically by the extra work, and shall be segregated as follows:
1) Labor. The costs of labor will be the actual cost for wages prevailing locally for each craft or type of worker at the time the extra work is done, plus employer payments of payroll taxes and insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs resulting from federal, state or local laws, as well as assessment or benefits required by lawful collective bargaining agreements. The use of a labor classification which would increase the cost of extra work will not be permitted unless the Contractor establishes the necessity for such new classifications. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental.
2) Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available in the quantities involved, plus sales tax, freight and delivery. Materials cost shall be based upon supplier or manufacturer’s invoice. If invoices or other satisfactory evidence of cost are not furnished within fifteen (15) Working Days of delivery, then the City shall determine the materials cost, at its sole discretion.
3) Tool and Equipment Use. Costs for the use of small tools, which are tools that have a replacement value of $1,000 or less, shall be considered included in the markups described below. Regardless of ownership, the rates to be used in determining equipment use costs shall not exceed listed rates prevailing locally at equipment rental agencies, or distributors, at the time the Work is performed. 4) Overhead, Profit and Other Charges. The mark-up for overhead (including supervision) and profit on work added to the Contract shall be determined in accordance with the following provisions:
(a) “Net Cost” is defined as the actual costs of labor, materials and tools and equipment only, excluding overhead and profit. The costs of applicable insurance and bond premium will be reimbursed to the Contractor and subcontractors at cost only, without mark-up. Contractor shall provide City with documentation of the costs, including not limited to payroll records, invoices, and such other information as City may reasonably request. (b) For Work performed by the Contractor’s forces the added cost for overhead and profit shall not exceed fifteen (15%) percent of the Net Cost of the Work. (c) For Work performed by a subcontractor, the added cost for overhead and profit shall not exceed fifteen (15%) percent of the Subcontractor’s Net Cost of the Work, to which the Contractor may add five (5%) percent of the Subcontractor’s Net Cost.
(d) For Work performed by a sub-subcontractor the added cost for overhead and profit shall not exceed fifteen (15 %) percent of the Net Cost for Work, to which the subcontractor and general contractor may each add an additional five (5 %) percent of the Net Cost of the lower tier subcontractor.

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84 (e) No additional markup will be allowed for lower tier subcontractors, and in no case shall the added cost for overhead and profit payable by City exceed twenty-five (25%) percent of the Net Cost, as defined herein, of the party that performs the Work.
e. All of the following costs are included in the markups for overhead and profit described above, and Contractor shall not receive any additional compensation for: Submittals, drawings: field drawings, Shop Drawings, including submissions of drawings; field inspection; General Superintendence; General administration and preparation of cost proposals, schedule analysis, Change Orders, and other supporting documentation; computer services; reproduction services; Salaries of project Building Official, superintendent, timekeeper, storekeeper, and secretaries; Janitorial services; Small tools, incidentals and consumables; Temporary on-Site facilities (Offices, Telephones, Internet access, Plumbing, Electrical Power, lighting; Platforms, Fencing, Water), Jobsite and Home office overhead or other expenses; vehicles and fuel used for work otherwise included in the Contract Documents; Surveying; Estimating; Protection of Work; Handling and disposal fees; Final cleanup; Other incidental Work; Related warranties.
f. For added or deducted Work by subcontractors, the Contractor shall furnish to the City the subcontractor’s signed detailed records of the cost of labor, material and equipment, including the subcontractor markup for overhead and profit. The same requirement shall apply to sub-subcontractors.
g. For added or deducted Work furnished by a vendor or supplier, the Contractor shall furnish to the City a detailed record of the cost to the Contractor, signed by such vendor or supplier.
h. Any change in the Work involving both additions and deletions shall indicate a net total cost, including subcontracts and materials. Allowance for overhead and profit, as specified herein, shall be applied if the net total cost is an increase in the Contract Price; overhead and profit allowances shall not be applied if the net total cost is a deduction to the Contract Price. The estimated cost of deductions shall be based on labor and material prices on the date the Contract was executed. i. Contractor shall not reserve a right to assert impact costs, extended job site costs, extended overhead, constructive acceleration and/or actual acceleration beyond what is stated in the Change Order. No claims shall be allowed for impact, extended overhead costs, constructive acceleration and/or actual acceleration due to a multiplicity of changes and/or clarifications. The Contractor may not change or modify the City’s Change Order form in an attempt to reserve additional rights. j. If the City disagrees with the proposal submitted by Contractor, it will notify the Contractor and the City will provide its opinion of the appropriate price and/or time extension. If the Contractor agrees with the City, a change order will be issued by the City. If no agreement can be reached, the City shall have the right to issue a unilateral change order setting forth its determination of the reasonable additions or savings in costs and time attributable to the extra or deleted work. Such determination shall become final and binding if the Contractor fails to submit a claim in writing to the City within fifteen (15) Working Days of the issuance of the unilateral change order,

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85 disputing the terms of the unilateral change order and providing such supporting documentation for its position as the City may reasonably require. k. No dispute, disagreement or failure of the parties to reach agreement on the terms of the Change Order shall relieve the Contractor from the obligation to proceed with performance of the changed work, including extra work, promptly and expeditiously. l. Any alterations, extensions of time, extra work or any other changes may be made without securing consent of the Contractor’s surety or sureties.

ARTICLE 33. SECURITIES FOR MONEY WITHHELD
Pursuant to section 22300 of the Public Contract Code of the State of California, Contractor may request the City to make retention payments directly to an escrow agent or may substitute securities for any money withheld by the City to ensure performance under the contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City or with a state or federally chartered bank as the escrow agent who shall return such securities to Contractor upon satisfactory completion of the contract. Deposit of securities with an escrow agent shall be subject to a written agreement substantially in the form provided in section 22300 of the Public Contract Code.

ARTICLE 34. OCCUPANCY
The City reserves the right to occupy or utilize any portion of the Work at any time before completion, and such occupancy or use shall not constitute acceptance of any part of Work covered by this Contract. This use shall not relieve the Contractor of its responsibilities under the Contract.

ARTICLE 35. INDEMNIFICATION
To the fullest extent permitted by law, Contractor shall immediately defend (with counsel of the City’s choosing), indemnify and hold harmless the City, officials, officers, agents, employees, and representatives, and each of them from and against:
a. Any and all claims, demands, causes of action, costs, expenses, injuries, losses or liabilities, in law or in equity, of every kind or nature whatsoever, but not limited to, injury to or death, including wrongful death, of any person, and damages to or destruction of property of any person, arising out of, related to, or in any manner directly or indirectly connected with the Work or this Contract, including claims made by subcontractors for nonpayment, including without limitation the payment of all consequential damages and attorney’s fees and other related costs and expenses, however caused, regardless of whether the allegations are false, fraudulent, or groundless, and regardless of any negligence of the City or its officers, employees, or authorized volunteers (including passive negligence), except the sole negligence or willful misconduct or active negligence of the City or its officials, officers, employees, or authorized volunteers.
b. Contractor’s defense and indemnity obligation herein includes, but is not limited to damages, fines, penalties, attorney’s fees and costs arising from claims under the Americans with Disabilities Act (ADA) or other federal or state disability access or discrimination laws arising from Contractor’s Work during the course of construction

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86 of the improvements or after the Work is complete, as the result of defects or negligence in Contractor’s construction of the improvements. c. Any and all actions, proceedings, damages, costs, expenses, fines, penalties or liabilities, in law or equity, of every kind or nature whatsoever, arising out of, resulting from, or on account of the violation of any governmental law or regulation, compliance with which is the responsibility of Contractor.
d. Any and all losses, expenses, damages (including damages to the Work itself), attorney’s fees, and other costs, including all costs of defense which any of them may incur with respect to the failure, neglect, or refusal of Contractor to faithfully perform the Work and all of Contractor’s obligations under the agreement. Such costs, expenses, and damages shall include all costs, including attorney’s fees, incurred by the indemnified parties in any lawsuit to which they are a party.

Contractor shall immediately defend, at Contractor’s own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, agents, employees and representatives. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the City, its officials, officers, employees, agents, employees and representatives, in any such suit, action or other legal proceeding. Contractor shall reimburse the City, its officials, officers, agents, employees and representatives for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. The only limitations on this provision shall be those imposed by Civil Code section 2782.

ARTICLE 36. RECORD (“AS BUILT”) DRAWINGS
a. Contractor shall prepare and maintain a complete set of record drawings (herein referred to as “as-builts”) and shall require each trade to prepare its own as-builts. The as-builts must show the entire site for each major trade, including but not limited to water, sewer, electrical, data, telephone, cable, fire alarm, gas and plumbing.

Contractor shall mark the as-builts to show the actual installation where the installation varies from the Work as originally shown in the Contract Documents. Contractor shall mark whichever drawings are most capable of showing actual conditions fully. Where shop drawings are used, Contractor must record a cross-reference to the corresponding location on the contract drawings. Contractor shall give particular attention to concealed elements that would be difficult to measure, locate or record at a later date. Contractor shall use colors to distinguish separate categories of the Work. b. Contractor shall note related Change Order numbers where applicable. Contractor shall organize as-builts into manageable sets, bound with durable paper cover sheets and shall print suitable title, dates and other identification on the cover of each set.

Contractor to also provide an electronic version of the as-builts. The suitability of the as-builts will be determined by the City.

ARTICLE 37. RESOLUTION OF CONSTRUCTION CLAIMS
Contractor shall timely comply with all notices and requests for changes to the Contract Time or Contract Price, including but not limited to all requirements of Article 32, Changes and Extra Work, as a prerequisite to filing any claim governed by this Article. The failure to timely submit a notice of delay or notice of change, or to timely request a change to the Contract Price or Contract Time,

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87 or to timely provide any other notice or request required herein shall constitute a waiver of the right to further pursue the claim under the Contract or at law. a. Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Article is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Article shall be construed to be consistent with said statutes.
b. Claims. For purposes of this Article, “Claim” means a separate demand by the Contractor, after a change order duly requested in accordance with Article 32 “Changes and Extra Work” has been denied by the City, for (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, or (C) an amount the payment of which is disputed by the City. A “Claim” does not include any demand for payment for which the Contractor has failed to provide notice, request a change order, or otherwise failed to follow any procedures contained in the Contract Documents. Claims governed by this Article may not be filed unless and until the Contractor completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the procedures contained in Article 32, Changes and Extra Work, and Contractor’s request for a change has been denied in whole or in part. Claims governed by this Article must be filed no later than fourteen (14) Working Days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim. The Claim shall be submitted in writing to the City and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing herein is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra Work, disputed Work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon. c. Supporting Documentation. The Contractor shall submit all claims in the following format:
1) Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made.
2) List of documents relating to claim:
(a) Specifications.
(b) Drawings.
(c) Clarifications (Requests for Information).
(d) Schedules.
(e) Other.
3) Chronology of events and correspondence.

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88 4) Analysis of claim merit.
5) Analysis of claim cost.
6) Analysis of time impact analysis in CPM format.
7) If Contractor’s claim is based in whole or in part on an allegation of errors or omissions in the Drawings or Specifications for the Project, Contractor shall provide a summary of the percentage of the claim subject to design errors or omissions and shall obtain a certificate of merit in support of the claim of design errors and omissions.
8) Cover letter and Contractor’s certification of the claim, including claims from subcontractors of any tier, in accordance with Government Code sections 12650 and following.
d. City’s Response. Upon receipt of a claim pursuant to this Article, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 Days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 Days after the City issues its written statement.
1) If the City needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the City’s governing body does not meet within the 45 Days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three Days following the next duly publicly noticed meeting of the City’s governing body after the 45-Day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.
2) Within 30 Days of receipt of a claim, the City may request in writing additional documentation supporting the claim or relating to defenses or claims the City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor. The City’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 Days (if the claim is less than $15,000, within 15 Days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.
e. Meet and Confer. If the Contractor disputes the City’s written response, or the City fails to respond within the time prescribed, the Contractor may so notify the City, in writing, either within 15 Days of receipt of the City’s response or within 15 Days of the City’s failure to respond within the time prescribed, respectively, and demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, the City shall schedule a meet and confer conference within 30 Days for settlement of the dispute.

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89 f. Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 Days after the City issues its written statement. Any disputed portion of the claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing, unless the parties agree to select a mediator at a later time.
1) If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.
2) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. 3) Unless otherwise agreed to by the City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced.
4) The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier.

All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed. g. Procedures After Mediation. If following the mediation, the claim or any portion remains in dispute, the Contractor must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code prior to initiating litigation. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim pursuant to subdivision (a) until the time the claim is denied, including any period of time utilized by the meet and confer conference.
h. Civil Actions. The following procedures are established for all civil actions filed to resolve claims of $375,000 or less:
1) Within 60 Days, but no earlier than 30 Days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of this Contract. The mediation process shall provide for the

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90 selection within 15 Days by both parties of a disinterested third person as mediator, shall be commenced within 30 Days of the submittal, and shall be concluded within 15 Days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court. 2) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code.

The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.
i. Government Code Claims. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra Work, disputed Work, construction claims and/or changed conditions, the Contractor must comply with the claim procedures set forth in Government Code Sections 900, et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra Work, disputed Work, construction claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if the prerequisite contractual requirements are not satisfied, no action against the City may be filed. A Government Code claim must be filed no earlier than the date the Work is completed or the date the Contractor last performs Work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted.
j. Non-Waiver. The City’s failure to respond to a claim from the Contractor within the time periods described in this Article or to otherwise meet the time requirements of this Article shall result in the claim being deemed rejected in its entirety.

ARTICLE 38. CITY’S RIGHT TO TERMINATE CONTRACT

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

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91 or for material or labor; (viii) disregards Applicable Laws, other requirements or instructions of the City; or (ix) violates any of the provisions of the Contract Documents. b. The Notice of Default and Intent to Terminate shall state the reasons for termination.

Unless within five (5) Days after the service of such notice, Contractor resolves the circumstances giving rise to the Notice of Default to the City’s satisfaction, or makes arrangements acceptable to the City for the required corrective action, this Contract shall terminate. In such case, Contractor shall not be entitled to receive any further payment until the Work has been finished. The City may take over and complete the Work by any method it may deem appropriate. Contractor and its surety shall be liable to the City for any excess costs or other damages incurred by the City to complete the Work. If the City takes over the Work, the City may, without liability for so doing, take possession of and utilize in completing the Work such materials, appliances, plant, and other property belonging to the Contractor as may be on the Site.

38.2 TERMINATION FOR CONVENIENCE:
a. In addition to its right to terminate this Contract for default, the City may terminate the Contract, in whole or in part, at any time upon ten (10) Working Days’ written notice to Contractor. The Notice of Termination shall specify that the termination is for the convenience of the City, the extent of termination, and the effective date of such termination.
b. After receipt of Notice of Termination, and except as directed by the City, the Contractor shall, regardless of any delay in determining or adjusting any amounts due under this Termination for Convenience clause, immediately proceed with the following obligations:
1) Stop Work as specified in the Notice.
2) Complete any Work specified in the Notice of Termination in a least cost/shortest time manner while still maintaining the quality called for under the Contract Documents.
3) Leave the Site and any other property upon which the Contractor was working in a safe and sanitary manner such that it does not pose any threat to the public health or safety.
4) Terminate all subcontracts and purchase orders to the extent that they relate to the portions of the Work terminated.
5) Place no further subcontracts or orders, except as necessary to complete the remaining portion of the Work.
6) Submit to the City, within ten (10) Working Days from the effective date of the Notice of Termination, all of the documentation called for by the Contract Documents to substantiate all costs incurred by the Contractor for labor, materials and equipment through the Effective Date of the Notice of Termination. Any documentation substantiating costs incurred by the Contractor solely as a result of the City's exercise of its right to terminate this Contract pursuant to this clause, which costs the Contractor is authorized under the Contract Documents to incur,

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92 shall: (i) be submitted to and received by the City no later than thirty (30) Working Days after the Effective Date of the Notice of Termination; (ii) describe the costs incurred with particularity; and (iii) be conspicuously identified as "Termination Costs Occasioned by the City's Termination for Convenience." 7) Owner’s total liability to Contractor by reason of the termination shall be limited to the total (without duplication of any items) of:
(a) The reasonable cost to the Contractor for all Work performed prior to the effective date of the termination, determined in accordance with the Force Account provisions of Article 48, including the Work done to secure the Project for termination. Reasonable cost may not exceed the applicable percentage completion values derived from the progress schedule and the Cost Breakdown. Deductions shall be made for cost of materials to be retained by the Contractor, cost of Work defectively performed, amounts realized by sale of materials, and for other appropriate credits or offsets against cost of Work as allowed by the Contract Documents. Reasonable cost will include reasonable allowance for Project overhead and general administrative overhead.
(b) When, in the Owner’s opinion, the cost of any item of Work is excessively high due to costs incurred to remedy or replace defective or rejected Work, reasonable cost to be allowed will be the estimated reasonable cost of performing the Work in compliance with requirements of the Contract Documents and excessive actual cost shall be disallowed. (c) A reasonable allowance for profit on cost of Work performed as determined in accordance with Article 48 provided that the Contractor establishes to the Owner’s satisfaction that the Contractor would have made a profit had the Project been completed, and provided further that the profit allowed shall not exceed five percent (5%) percent of the cost.
(d) Reasonable costs to the Contractor of handling material returned to vendors, delivered to the City or otherwise disposed of as directed by the Owner. (e) A reasonable allowance for the Contractor’s internal administrative costs in preparing termination claim.
(f) Reasonable demobilization costs, and reasonable payments made to Subcontractors or suppliers on account of termination.
c. In no event shall the City be liable for unreasonable costs incurred by the Contractor or subcontractors after receipt of a notice of termination. Such non-recoverable costs include, but are not limited to, the cost of or anticipated profits on Work not performed as of the date of termination, post-termination employee salaries, unreasonable posttermination administrative expenses, post-termination overhead or unabsorbed overhead, surety costs of any type, costs of preparing and submitting the Contractor’s termination claim, attorney fees of any type, and all other costs relating to prosecution of a claim or lawsuit.

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93 d. The City shall have no obligation to pay the Contractor under this Article (Termination for Convenience) unless and until the Contractor provides the City with updated and acceptable as-builts and Record Documents for Work completed prior to termination. e. In arriving at the amount due the Contractor under this clause there shall be deducted in whole or in the appropriate part(s) if the termination is partial:
1) All unliquidated advances or other payments on account previously made to the Contractor, including without limitation all payments which are applicable to the terminated portion of the Contract Documents,
2) Any claim the City may have against the Contractor in connection with the Work, and
3) The agreed price for, or proceeds of sale of, any materials, supplies, or other things kept by the Contractor and not otherwise recovered by or credited to the Owner.

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

38.3 SAVINGS CLAUSE.

If City terminates Contractor for cause, and if it is later determined that the termination was wrongful, such default termination shall automatically be converted to and treated as a termination for convenience. In such event, Contractor shall be entitled to receive only the amounts payable under this section, and Contractor specifically waives any claim for any other amounts or damages, including, but not limited to, any claim for consequential damages or lost profits.

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

ARTICLE 39. WARRANTY AND GUARANTEE
a. Contractor warrants that all materials and equipment furnished under this Contract shall be new unless otherwise specified in the Contract Documents; and that all Work conforms to the Contract Document requirements and is free of any defect whether performed by the Contractor or any subcontractor or supplier. b. Unless otherwise stated, all warranty periods shall begin upon the filing of the Notice of Completion. Unless otherwise stated, the warranty period shall be for one year. c. The Contractor shall remedy at its expense any damage to City-owned or controlled real or personal property.
d. Contractor shall furnish the City with all warranty and guarantee documents prior to final acceptance of the Work by the City.

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94 e. The City shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage. The Contractor shall within ten (10) Working Days after being notified commence and perform with due diligence all necessary Work to complete or correct the Work at issue. If the Contractor fails to promptly remedy any defect, or damage within this time; the City shall have the right to replace, repair, or otherwise remedy the defect, or damage at the Contractor’s expense.
f. In the event of any emergency constituting an immediate hazard to health, safety, property, when caused by Work of the Contractor not in accordance with the Contract requirements, the City may undertake at Contractor’s expense, and without prior notice, all actions necessary to correct such condition. g. With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for Work performed and Materials furnished under this Contract, the Contractor shall:
1) Obtain for City all warranties that would be given in normal commercial practice or that are required in the Contract Documents;
2) Require all warranties to be executed, in writing, for the benefit of the City; and 3) Enforce all warranties for the benefit of the City, unless otherwise directed in writing by the City.

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

ARTICLE 40. DOCUMENT RETENTION & EXAMINATION
a. In accordance with Government Code section 8546.7, records of both the City and the Contractor shall be subject to examination and audit by the State Auditor General for a period of three (3) years after final payment.
b. Contractor shall make available to the City any of the Contractor’s other documents related to the Work immediately upon request of the City. c. In addition to the State Auditor’s rights described above, the City shall have the right to examine and audit all books, estimates, records, contracts, documents, bid documents, subcontracts, and other data of the Contractor (including electronic records, computations and projections) related to negotiating, pricing, or performing the Work in order to evaluate the accuracy and completeness of the cost or pricing data, for a period of four (4) years after final payment.

ARTICLE 41. SOILS INVESTIGATIONS
When a soils investigation report for the Site is available, such report shall not be a part of the Contract Documents. Any information obtained from such report as to subsurface soil condition, or to elevations of existing grades or elevations of underlying rock, is approximate only and is

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95 not guaranteed. Contractor acknowledges that any soils investigation report (including any borings) was prepared for purposes of design only and Contractor is required to examine the Site before submitting its bid and must make whatever tests it deems appropriate to determine the condition of the soil.

ARTICLE 42. SEPARATE CONTRACTS
a. The City reserves the right to let other contracts in connection with this Project or the Site. Contractor shall cooperate with and permit other contractors reasonable access and storage of their materials and execution of their work and shall properly connect and coordinate its Work with theirs.
b. To ensure proper execution of its subsequent Work, Contractor shall immediately inspect Work already in place and shall at once report to the City any problems with the Work in place or discrepancies with the Contract Documents. c. Contractor shall ascertain to its own satisfaction the scope of the Work and nature of any other contracts that have been or may be awarded by the City in prosecution of the Work to the end that Contractor may perform this Contract in the light of such other contracts, if any. Nothing herein contained shall be interpreted as granting to Contractor exclusive occupancy at the Site. Contractor shall not cause any unnecessary hindrance or delay to any other contractor working on the Work. If simultaneous execution of any contract for the Work is likely to cause interference with performance of some other contract or contracts, the City shall decide which contractor shall cease Work temporarily and which contractor shall continue or whether work can be coordinated so that contractors may proceed simultaneously. The City shall not be responsible for any damages suffered or for extra costs incurred by Contractor resulting directly or indirectly from award, performance, or attempted performance of any other contract or contracts on the Site.

ARTICLE 43. NOTICE AND SERVICE THEREOF
All notices shall be in writing and either served by personal delivery or mailed to the other party as designated in the Bid Forms. Written notice to the Contractor shall be addressed to Contractor’s principal place of business unless Contractor designates another address in writing for service of notice. Notice to City shall be addressed to the City as designated in the Notice Inviting Bids unless City designates another address in writing for service of notice. Notices shall be deemed to be received upon personal delivery to the addresses above; if sent by overnight delivery, upon delivery as shown by delivery service records; if sent by facsimile, upon receipt as confirmed by the sending facsimile equipment; if by United States Postal Service, five days after deposit in the mail.

ARTICLE 44. NOTICE OF THIRD PARTY CLAIMS
Pursuant to Public Contract Code section 9201, the City shall provide Contractor with timely notification of the receipt of any third-party claim relating to the Contract.

ARTICLE 45. STATE LICENSE BOARD NOTICE.

Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint

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96 regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826.

ARTICLE 46. INTEGRATION
a. This Contract, together with its incorporated documents, contains the entire, integrated agreement of the parties hereto, and supersedes any and all other prior or contemporaneous negotiations, understandings and oral or written agreements between the parties hereto. Each party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. b. Any modification of this Contract shall only be effective if in writing signed by all parties hereto.
c. No oral order, objection, direction, claim or notice by any party or person shall affect or modify any of the terms or obligations contained in the Contract Documents.

ARTICLE 47. ASSIGNMENT
Contractor shall not assign, transfer, convey, sublet, or otherwise dispose of this Contract or any part thereof including any claims, without prior written consent of the City. Any assignment without the written consent of the City shall be void. Any assignment of money due or to become due under this Contract shall be subject to a prior lien for services rendered or Material supplied for performance of Work called for under the Contract Documents in favor of all persons, firms, or corporations rendering such services or supplying such Materials to the extent that claims are filed pursuant to the Civil Code, the Code of Civil Procedure or the Government Code.

ARTICLE 48. CHANGE IN NAME AND NATURE OF CONTRACTOR’S LEGAL ENTITY Should a change be contemplated in the name or nature of the Contractor’s legal entity, the Contractor shall first notify the City in order that proper steps may be taken to have the change reflected on the Contract and all related documents. No change of Contractor’s name or nature will affect City’s rights under the Contract, including but not limited to the bonds.

ARTICLE 49. ASSIGNMENT OF ANTITRUST ACTIONS
Pursuant to section 7103.5 of the Public Contract Code, in entering into a public works contract or subcontract to supply goods, services, or materials pursuant to a public works contract, Contractor or subcontractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under section 4 of the Clayton Act (15 U.S.C. section 15) or under the Cartwright Act (chapter 2 (commencing with section 16700) of part 2 of division 7 of the Business and Professions Code), arising from the purchase of goods, services, or materials pursuant to this Contract or any subcontract. This assignment shall be made and become effective at the time the City makes final payment to the Contractor, without further acknowledgment by the parties.