08/23/2016CITY OF GRAND TERRACE
CITY COUNCIL
AGENDA ● AUGUST 23, 2016
Council Chambers Regular Meeting 6:00 PM
Grand Terrace Civic Center ● 22795 Barton Road
City of Grand Terrace Page 1
The City of Grand Terrace complies with the Americans with Disabilities Act of 1990. If
you require special assistance to participate in this meeting, please call the City Clerk’s
office at (909) 824-6621 at least 48 hours prior to the meeting.
If you desire to address the City Council during the meeting, please complete a Request
to Speak Form available at the entrance and present it to the City Clerk. Speakers will
be called upon by the Mayor at the appropriate time.
Any documents provided to a majority of the City Council regarding any item on this
agenda will be made available for public inspection in the City Clerk’s office at City Hall
located at 22795 Barton Road during normal business hours. In addition, such
documents will be posted on the City’s website at www.grandterrace-ca.gov
<http://www.grandterrace-ca.gov >
CALL TO ORDER
Convene City Council and City Council as the Successor Agency to the Community
Redevelopment Agency
Invocation
Pledge of Allegiance
ROLL CALL
Attendee Name Present Absent Late Arrived
Mayor Darcy McNaboe
Mayor Pro Tem Sylvia Robles
Council Member Jackie Mitchell
Council Member Doug Wilson
Council Member Bill Hussey
A. SPECIAL PRESENTATIONS – NONE
B. CONSENT CALENDAR
The following Consent Calendar items are expected to be routine and noncontroversial.
They will be acted upon by the City Council at one time without discussion. Any Council
Member, Staff Member, or Citizen may request removal of an item from the Consent
calendar for discussion.
Agenda Grand Terrace City Council August 23, 2016
City of Grand Terrace Page 2
1. Waive Full Reading of Ordinances on Agenda
DEPARTMENT: CITY CLERK
2. Approval of Minutes – Regular Meeting – 08/09/2016
DEPARTMENT: CITY CLERK
C. PUBLIC COMMENT
This is the opportunity for members of the public to comment on any items not
appearing on the regular agenda. Because of restrictions contained in California Law,
the City Council may not discuss or act on any item not on the agenda, but may briefly
respond to statements made or ask a question for clarification. The Mayor may also
request a brief response from staff to questions raised during public comment or may
request a matter be agendized for a future meeting.
D. CITY COUNCIL COMMUNICATIONS
Council Member Bill Hussey
Council Member Doug Wilson
Council Member Jackie Mitchell
Mayor Pro Tem Sylvia Robles
Mayor Darcy McNaboe
E. PUBLIC HEARINGS – NONE
F. UNFINISHED BUSINESS – NONE
G. NEW BUSINESS
3. Award of Contract for the Construction of ADA Curb Ramps on Main Street
RECOMMENDATION:
1. Award a Construction Contract to Martinez Construction for seven ADA
Handicapped Ramps; and
2. Authorize City Manager to execute any necessary Change Orders for this project.
DEPARTMENT: PUBLIC WORKS
Agenda Grand Terrace City Council August 23, 2016
City of Grand Terrace Page 3
4. Report on SeeClickFix
RECOMMENDATION:
Receive and File.
DEPARTMENT: PLANNING & DEVELOPMENT SERVICES
5. Amendment #1 to City Manager Employment Agreement
RECOMMENDATION:
Approve Amendment #1 to City Manager’s Employment Agreement
DEPARTMENT: CITY ATTORNEY
H. CITY MANAGER COMMUNICATIONS
CLOSED SESSION – NONE
ADJOURN
The Next Regular City Council Meeting will be held on Tuesday, September 13, 2016 at
6:00 p.m.
Agenda item requests must be submitted in writing to the City Clerk’s office no later
than 14 calendar days preceding the meeting.
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CITY OF GRAND TERRACE
CITY COUNCIL
MINUTES ● AUGUST 9, 2016
Council Chambers Regular Meeting 6:00 PM
Grand Terrace Civic Center ● 22795 Barton Road
City of Grand Terrace Page 1
CALL TO ORDER
Mayor/Chair McNaboe called the City Council and Successor Agency Housing Authority
meeting to order at 6:02 p.m.
Invocation was given by Fr. Andrew Lesko from the San Bernardino Sheriff's
Department.
Pledge of Allegiance was led by Garry Cohoe, Director of Project Delivery, SANBAG.
ROLL CALL
Attendee Name Title Status Arrived
Darcy McNaboe Mayor Present
Sylvia Robles Mayor Pro Tem Present
Jackie Mitchell Council Member Present
Doug Wilson Council Member Present
Bill Hussey Council Member Present
G. Harold Duffey City Manager Present
Pat Jacquez-Nares City Clerk Present
Richard Adams City Attorney Present
Linda Phillips Child Care Present
Yanni Demitri Public Works Director Present
Sandra Molina Planning & Development Services Director Present
Cynthia Fortune Finance Director Present
Steve Lasiter Battalion Chief Present
Doug Wolfe Lieutenant Present
Steve Dorsey Captain Present
A. SPECIAL PRESENTATIONS
Presentation - Update from Foundation of Grand Terrace Veterans Wall of Freedom
Committee on the Freedom Wall
Don Larkin, Veteran's Wall Committee Representative, presented the PowerPoint
Presentation on the Freedom Wall.
Mayor McNaboe asked why the time was changed from 11:00 a.m. to 1:30 p.m. She
also asked when the City would officially change the name of the park
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Minutes Grand Terrace City Council August 9, 2016
City of Grand Terrace Page 2
Mr. Larkin stated that the time was tentative and the committee was working on
finalizing the schedule. The later time was to accommodate for others that might have to
participate and attend other Veteran's Day ceremonies.
City Manager Duffey stated that it would be done on November 11, 2016.
Presentation - I-10 and I-15 Improvement Projects, Garry Cohoe, Director of Project
Delivery, SANBAG
Garry Cohoe, Director of Project Delivery, SANBAG, presented the PowerPoint
Presentation on the I-10 and I-15 improvements.
Mayor McNaboe asked where the toll funds would go after they were collected. She
further asked the projected payback timeline for each of these.
Mr. Cohoe stated that first the funds would be used to operate and maintain the system,
second to pay back the debt from both the toll bonds and the TIFIA. After this it would
be used to complete the system I-15 to Fourth Street and lastly repay Measure I Funds.
If there are any excess funds after this the Board would take action on their use. Mr.
Cohoe stated the bonds were for 30 years but the tolls are showing excess funds that
could be used for completion and repayment of Measure I Funds in less than 30 years.
The term with Caltrans is 50 years.
Council Member Hussey stated he was not a fan of express lanes. He further asked
about the bullet train to Las Vegas and if it would affect these projects. Council Member
Hussey stated his concerns with the transponders.
Mr. Cohoe answered that they keep talking about the bullet train the one from Victorville
to Las Vegas has been stalled. SANBAG uses SCAG's Regional Model for their traffic
projections. He was aware that the speed train was incorporated in this Regional plan
but was not aware if the Victorville/Las Vegas train was also in the plan. Mr. Cohoe
stated that there were several types of transponders.
Council Member Wilson asked Mr. Cohoe to remind their contractors that the City of
Grand Terrace was available for all their food needs during this construction.
B. CONSENT CALENDAR
APPROVED ALL CONSENT CALENDAR ITEMS
RESULT: APPROVED [UNANIMOUS]
MOVER: Sylvia Robles, Mayor Pro Tem
SECONDER: Doug Wilson, Council Member
AYES: McNaboe, Robles, Mitchell, Wilson, Hussey
1. Waive Full Reading of Ordinances on Agenda
WAIVED FULL READING OF ALL ORDINANCES ON THE AGENDA
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Minutes Grand Terrace City Council August 9, 2016
City of Grand Terrace Page 3
2. Approval of Minutes – Regular Meeting – 06/28/2016
APPROVED THE MINUTES OF THE 06/28/2016 REGULAR MEETING
3. Approval of Check Register No. 07312016 in the Amount of $1,799,759.43
APPROVED CHECK REGISTER NO. 07312016 IN THE AMOUNT $1,799,759.43, AS
SUBMITTED, WHICH INCLUDES THE CHECK REGISTER ACCOUNT INDEX FOR
FISCAL YEAR 2016-17.
4. Agreement for Consultant Services with HDL Inc. to Market Vacant Retail Sites On
Barton Rd to Major Retail Businesses
APPROVED CONSULTANT SERVICES CONTRACT NO. 2016-37 WITH HDL INC. IN
SUBSTANTIALLY THE FORM AS ATTACHED.
C. PUBLIC COMMENT - NONE
D. CITY COUNCIL COMMUNICATIONS
Council Member Bill Hussey
Council Member Hussey thanked everyone for attending the meeting. He thanked Mr.
Duffey for having the Boy Scouts in attendance. Reminded the residents that door to
door solicitors need a City's Peddlers Permit and to ask the solicitors to show this
permit. He appreciated the Freedom Wall presentation and thanked all of the volunteers
that have made this happen.
Council Member Doug Wilson
Council Member Wilson welcomed everyone in attendance. He commented that the
economy was on an upward trend. Council Member Wilson spoke about the unfortunate
circumstance of one of his hard-working very talented female students having problems
with substance abuse and reminded everyone that we all need to help each other.
Council Member Jackie Mitchell
Council Member Mitchell thanked everyone in attendance and for participating. She also
thanked the Veteran's Wall Committee for their presentation and their hard work.
Council Member Mitchell reported on the Gangs & Drug Taskforce August meeting the
presentation was on the modeling of school attendance from the San Bernardino City
Unified School District which included concepts for eliminating school truancies.
Mayor Pro Tem Sylvia Robles
Mayor Pro Tem Robles stated that she would report on Omnitrans at the next Council
meeting.
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Minutes Grand Terrace City Council August 9, 2016
City of Grand Terrace Page 4
Mayor Darcy McNaboe
Mayor McNaboe had nothing to report at this time.
E. PUBLIC HEARINGS - NONE
F. UNFINISHED BUSINESS - NONE
G. NEW BUSINESS
5. Paving Main Street from Michigan St. to Mt. Vernon Ave
Public Works Director Demitri presented the Powerpoint Presentation for this item.
Council Member Wilson asked how many square feet would be done. He further asked
if Grand Terrace was a silent partner or was it able to see the bids.
Public Works Director Demitri stated it was 60 feet wide. It was 30 feet by half a mile.
Director Demitri explained the County of Riverside's procedure on the payment
processing.
Council Member Mitchell requested to have bike lane striping added if it did not already
exist.
City Manager Duffey stated that staff would ensure that what was there before would
remain. Mr. Duffey further explained staff assessment of the current bids and the cost
for the paving was reasonable but not the cost for the ADA ramps. Therefore, staff
would be piggybacking off another city's contract for this part of the project.
Public Works Director Demitri informed the Council that the County of Riverside
modified agreement page 4 under the City agrees added a line to include CEQA, This
was just a formality but did not affect this project because maintenance projects are
exempt from CEQA.
1. AUTHORIZE CITY MANAGER TO ENTER INTO AN AGREEMENT (2016-33)
WITH THE COUNTY OF RIVERSIDE TO PAVE MAIN STREET WITHIN CITY
LIMITS FOR THE AMOUNT OF $40,000; AND
2. AUTHORIZE CITY MANAGER TO EXECUTE ANY CHANGE ORDERS FOR
UNFORESEEN CONDITIONS DURING CONSTRUCTION THAT ARE WITHIN THE
SCOPE OF THIS WORK; AND
3. AUTHORIZE THE APPROPRIATION OF $40,000 FROM THE GAS TAX FUND
BALANCE FOR STREET PAVING.
RESULT: APPROVED [UNANIMOUS]
MOVER: Sylvia Robles, Mayor Pro Tem
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Minutes Grand Terrace City Council August 9, 2016
City of Grand Terrace Page 5
SECONDER: Jackie Mitchell, Council Member
AYES: McNaboe, Robles, Mitchell, Wilson, Hussey
6. Selection of Voting Delegates for the California League of Cities 2016 Annual
Conference
City Clerk Jacquez-Nares corrected the date of 2015 to 2016 and provided a brief
summary on this item.
1. ADOPT RESOLUTION NO. 2016-31 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF GRAND TERRACE, CALIFORNIA, APPOINTING DELEGATE
MAYOR PRO TEM SYLVIA ROBLES AND ALTERNATE COUNCIL MEMBER
BILL HUSSEY TO THE LEAGUE OF CALIFORNIA CITIES AS OFFICIAL
REPRESENTATIVES OF THE CITY OF GRAND TERRACE; AND
2. DIRECT STAFF TO SUBMIT TO THE LEAGUE A CERTIFIED COPY OF THE
RESOLUTION BEFORE SEPTEMBER 23, 2016.
RESULT: APPROVED [UNANIMOUS]
MOVER: Darcy McNaboe, Mayor
SECONDER: Jackie Mitchell, Council Member
AYES: McNaboe, Robles, Mitchell, Wilson, Hussey
7. City Council Policy for Presentation of Certificates, Commendations, Proclamations,
Plaques, and Other Recognition Awards
City Manager Duffey presented the PowerPoint Presentation for this item.
Mayor McNaboe asked who could request these recognitions.
City Manager Duffey said that anyone could make their request through a Council
Member, the City Manager's Office or the City Clerk Office.
ADOPT THE CITY COUNCIL POLICY
RESULT: APPROVED [UNANIMOUS]
MOVER: Jackie Mitchell, Council Member
SECONDER: Doug Wilson, Council Member
AYES: McNaboe, Robles, Mitchell, Wilson, Hussey
8. Alarm Permits and False Alarm Fees
City Manager Duffey presented the staff report for this item.
Mayor Pro Tem Robles stated her concerns with one person truly having more than
three panic alarms and asked how these would be handled.
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Minutes Grand Terrace City Council August 9, 2016
City of Grand Terrace Page 6
City Manager Duffey stated that those types would be actual alarms not false alarms
and would not be counted against the resident.
RECEIVE AND FILE.
RESULT: APPROVED [UNANIMOUS]
MOVER: Darcy McNaboe, Mayor
SECONDER: Sylvia Robles, Mayor Pro Tem
AYES: McNaboe, Robles, Mitchell, Wilson, Hussey
H. CITY MANAGER COMMUNICATIONS
City Manager Duffey reported that the cameras in Pico Park and Richard Rollins were
live and connected to our other cameras. The cameras could be accessed remotely
from a cell phone. Access to these cameras would be given to the Sheriff's Department
along with the volunteers that close the parks, the sports leagues, and our Code
Enforcement Officers.
RECESS TO CLOSED SESSION
Mayor/Chair McNaboe recessed the Council/Authority Members into Closed Session at
7:10 p.m.
I. CLOSED SESSION
9. Public Employee Performance Evaluation - Pursuant To Government Code Section
54957(b) (1) Title: City Manager
10. Conference with Labor Negotiators - Pursuant to Government Code Section 54957.6
Agency Designated Representative: City Attorney Unrepresented Employee: City
Manager
11. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - Pursuant to Government
Code Section 54956.8
Property: APN Nos. 1167-151-22; 1167-151-74; 1167-151-71,
and1167-151-68
City negotiator: G. Harold Duffey, City Manager
Negotiating parties: Dr. Terry McDuffee
Under negotiation: Price and Terms of Payment
12. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - Pursuant to Government
Code Section 54956.8
Property: 22273 Barton Rd, Grand Terrace, CA 92313
APN No. 1167-231-02
City/Authority negotiator: G. Harold Duffey, City Manager
Negotiating parties: Ms. Stringfield
Under negotiation: Price and Terms of Payment
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Minutes Grand Terrace City Council August 9, 2016
City of Grand Terrace Page 7
RECONVENE TO OPEN SESSION
Mayor/Chair McNaboe reconvened the Council/Authority Members to Open Session at
8:57 p.m.
REPORT OUT OF CLOSED SESSION
Mayor/Chair McNaboe reported as to items 9-12 as posted on the agenda,
Council/Authority Members gave direction to staff and no other items to report.
ADJOURN
Mayor/Chair McNaboe adjourned the Council/Authority meeting at 8:59 p.m.
The Next Regular City Council Meeting will be held on Tuesday, August 23, 2016 at
6:00 p.m.
_________________________________
Darcy McNaboe, Mayor
_________________________________
Pat Jacquez-Nares, City Clerk
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AGENDA REPORT
MEETING DATE: August 23, 2016 Council Item
TITLE: Award of Contract for the Construction of ADA Curb Ramps
on Main Street
PRESENTED BY: Yanni Demitri, Public Works Director
RECOMMENDATION: 1. Award a Construction Contract to Martinez
Construction for seven ADA Handicapped Ramps
(Attachement I).
2. Authorize City Manager to execute any necessary
Change Orders for this project.
2030 VISION STATEMENT:
This staff report supports Goal #2 "Maintain Public Safety".
BACKGROUND:
The County of Riverside will be paving Main Street between Michigan Street and Mt.
Vernon Avenue in late October / early November. As part of said project, the City of
Grand Terrace has agreed to pave its half of the same street using the same contractor
at the same time. The construction or upgrade of handicapped curb ramps is typically
done concurrently with paving projects.
DISCUSSION:
The Americans with Disability Act (ADA) was passed in 1990 and according to this act,
Cities have a mandate to provide their residents with handicapped curb ramps at street
corners where sidewalks exist. Said ramps assist in making the safe transition from the
sidewalk level to the crosswalk level.
Currently there are several locations citywide where ADA-Ramps either do not exist or
do not meet the latest federal and state requirement for wing slopes, landing width,
truncated domes, etc.
Staff has contacted eight agencies to solicit quotes for the seven ramps that are needed
on the north side of Main Street within the project limits and only two contractors have
provided quotes (Attachment II):
Quote 1 Martinez Concrete Azusa, CA $34,265
Quote 2 All American Asphalt Corona, CA $39,430
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The scope of work includes demolishing the existing sidewalk, curb and gutter, dispose
of spoils and debris, form the new ramps, pour concrete, install truncated domes, and
restore the pavement adjacent to the work area.
Construction is expected to commence in early September 2016 and be completed
within two weeks. Notices will be distributed to affected residents.
FISCAL IMPACT:
The project will cost $36,000 (includes 5% contingency). Funds are available in the
Measure "I" Fund.
20-200-708-000-000 Current Account Balance $40,000
Used for this project $36,000
Remaining $4,000
Account 20-200-708-000-000 was earmarked for Michigan-Rehabilitation project, which
will be implemented at a later time as part of the 5-year CIP Plan.
ATTACHMENTS:
Attachment I - Agreement for ADA Curb Ramp Services (PDF)
Attachment II -2 quotes (PDF)
APPROVALS:
Yanni Demitri Completed 08/15/2016 5:42 PM
Finance Completed 08/16/2016 7:03 PM
City Attorney Completed 08/17/2016 7:51 AM
City Manager Completed 08/17/2016 6:38 PM
City Council Pending 08/23/2016 6:00 PM
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D-1
CONTRACT AGREEMENT
THIS CONTRACTORS ____ day
of ________2016
and , ("Contractor"), a California Corporation.
1.Scope of Services.Contractor shall perform all the services as described as follows:
a)For and in consideration of the payments and agreements hereinafter mentioned to be
made and performed by said City, said Contractor agrees with said City to perform and
complete in a workmanlike manner all work required under the Bidding Schedule of the
furnish at his own expense all labor, materials, equipment, tools and services necessary
therefor, except those materials, equipment, tools and services as may be stipulated in
said specification to be furnished by said City and to do everything required by this
Agreement and the said Specifications and Drawings.
b)The Notice Inviting Bids, Instructions to Bidders, Proposal, Information required of
Bidder, Specification, Drawings, Exhibits and all addenda issued by the City with respect
to the foregoing prior to the opening of bids, are hereby incorporated in and made a part
of this Agreement.
c)In entering into a Public Works Contract for a subcontract to supply goods, services or
materials pursuant to a Public Works Contract, the 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. Sec. 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 purchases of goods, services, or materials pursuant to
the Public Works Contract or the subcontract. This assignment shall be made and
become effective at the time the City tenders final payment to the Contractor without
further acknowledgment by the parties.
2.Term.This Agreement shall be effective on the date first written above and the Agreement
shall remain in effect until terminated as provided herein.
3.Compensation/Payment.Contractor shall perform the Services under this Agreement for
the total sum not to exceed .ayment shall be made in accordance with City's usual
accounting procedures upon receipt and approval of an itemized invoice setting forth the services
performed. The invoices shall be delivered to City at the address set forth in Section 4, hereof.
4.Notices.Any notices required to be given hereunder shall be in writing and shall be
personally served or given by mail. Any notice given by mail shall be deemed given when
deposited in the United States Mail, certified and postage prepaid, addressed to the party to be
served as follows:
ATTACHMENT I 3.a
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D-2
City of Grand Terrace
22795 Barton Rd. Bldg. B
Grand Terrace, CA 92313
5.Prevailing Wage. If applicable, Contractor and all subcontractors are required to pay the
general prevailing wage rates of per diem wages and overtime and holiday wages determined by
the Director of the Department of Industrial Relations under Section 1720 et seq. of the
California Labor Code and implemented the City Council of the City of Grand Terrace. The
ination is on file and open to inspection in the office of the City Clerk and is
referred to and made a part hereof; the wage rates therein ascertained, determined, and specified
are referred to and made a part hereof as though fully set forth herein.
6.Contract Administration.A designee of the City will be appointed to administer this
Agreement on behalf of City and shall be referred to herein as Contract Administrator.
7.Standard of Performance. While performing the Services, Contractor shall exercise the
reasonable care and skill customarily exercised by reputable members of Contractors in the
Metropolitan Southern California Area, and shall use reasonable diligence and best judgment
while exercising its skill and expertise.
8.Personnel. Contractor shall furnish all personnel necessary to perform the Services and shall
be responsible for their performance and compensation. Contractor recognizes that the
qualifications and experience of the personnel to be used are vital to Contractor and timely
completion of the Services.
9.Assignment and Subcontracting.Neither party shall transfer any right, interest, or
obligation in or under this Agreement to any other entity without prior written consent of the
other party. In any event, no assignment shall be made unless the assignee expressly assumes the
obligations of assignor under this Agreement, in writing satisfactory to the parties. Contractor
shall not subcontract any portion of the work required by this Agreement without prior written
ap
provision making them subject to all provisions stipulated in this Agreement, including without
limitation, the insurance obligations set forth in Section 13. Contractor acknowledges that any
transfer of rights may require City Manager and/or City Council approval.
10.Independent Contractor.In the performance of this Agreement, Contractor and his
employees, subcontractors and agents, shall act in an independent capacity as independent
contractors, and not as officers or employees of the City or the City of Grand Terrace.
Contractor acknowledges and agrees that the City has no obligation to pay or withhold state or
ation or unemployment insurance to Contractor to
Contractors employees, subcontractors and agents. Contractor as an independent contractor shall
be responsible for any and all taxes that apply to Contractor as an employer.
11.Pers Eligibility Indemnity.In the event that Contractor or any employee, agent, or
subcontractor of Contractor providing services under this Agreement claims or is determined by
a court of competent jurisdiction or the California Public Employees Retirement System
ligible for enrollment in PERS as an employee of the City, Contractor shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer
To City To
3.a
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contributions for PERS benefits on behalf of Contractor or its employees, agents, or
subcontractors, as well as for the payment of any penalties and interest on such contributions,
which would otherwise be the responsibility of City.
Notwithstanding any other agency,state or federal policy, rule, regulation, law or
ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors
providing service under this Agreement shall not qualify for or become entitled to, and hereby
agree to waive any claims to, any compensation, benefit, or any incident of employment by City,
including but not limited to eligibility to enroll in PERS as an employee of City and entitlement
to any contribution to be paid by City for employer contribution and/or employee contributions
for PERS benefits.
12 Indemnifications.
12.1 Indemnity. Except as to the sole negligence or willful misconduct of the City,
Contractor shall defend, indemnify and hold the City,and its officers, employees and
agents, harmless from any and all loss, damage, claim for damage, liability, expense or
performance of work under this Agreement by Contractor or any of the Contractor's
employees, agents or subcontractors and from all claims by Contractor's employees,
subcontractors and agents for compensation for services rendered to in the performance
of this Agreement, notwithstanding that the City may have benefitted from their services.
This indemnification provision shall apply to any acts or omissions, willful misconduct or
negligent conduct, whether active or passive, on the part of Contractor or of Contractor's
employees, subcontractors or agents.
12.2
costs or expense that the City incurs or makes to or on behalf of an injured employee
-administered workers' compensation is included as a loss, expense
or cost for the purposes of this Section, and that this Section shall survive the expiration
or early termination of the Agreement.
13. Insurance.
13.1 General Provisions. Contractor
shall provide satisfactory evidence of, and shall thereafter maintain during the term of
mo
such modification is prohibited by law.
13.1.1 Limitations. These minimum amounts of coverage shall not constitute any
limitation or cap on Contractor obligations under Section 12 hereof.
13.1.2 Ratings. Any insurance policy or coverage provided by Contractor as
required by this Agreement shall be deemed inadequate and a material breach of this
Agreement, unless such policy or coverage is issued by insurance companies
authorized to transact insurance business in the State of California with a policy
-or higher and a Financial Class of VII or higher.
13.1.3 Cancellation. The policies shall not be canceled unless thirty (30) days prior
written notification of intended cancellation has been given to City by certified or
registered mail, postage prepaid.
13.1.4 Adequacy. The City, its officers, employees and agents make no
representation that the types or limits of insurance specified to be carried by
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Contractor pursuant to this Agreement are adequate to protect. If Contractor believes
that any required insurance coverage is inadequate, Contractor will obtain such
additional insurance coverage as deems adequate, at Contractor's sole expense.
13.2 : By executing this Agreement, certifies that
Contractor is aware of and will comply with Section 3700 of the Labor Code of the State
of California requiring every employer to be insured against liability for w
compensation, or to undertake self-insurance before commencing any of the work.
Contractor shall carry the insurance or provide for self-insurance required by California
law to protect said Contractor t. Prior
to City's execution of this Agreement, Contractor shall file with City either (1) a
certificate of insurance showing that such insurance is in effect, or that Contractor is self-
insured for such coverage, or (2) a certified statement that Contractor has no employees,
and acknowledging that if Contractor does employ any person, the necessary certificate
of insurance will immediately be filed with City. Any certificate filed with City shall
provide that City will be given ten (10) days prior written notice before modification or
cancellation thereof.
13.3 Commercial General Liability and Automobile Insurance. Prior to City's
execution of this Agreement, Contractor shall obtain, and shall thereafter maintain during
the term of this Agreement, commercial general liability insurance and automobile
liability insurance as required to insure against damages for personal injury, including
accidental death, as well as from claims for property damage, which may arise from or
which may concern operations by anyone directly or indirectly employed by, connected
with, or acting for or on behalf of Contractor. The City and the City, and its officers,
employees and agents, shall be named as additional insured under the Contractor
insurance policies.
13.3.1 Contractor
bodily injury (including death) and property damage (including, but not limited to,
premises operations liability, products-
liability,personal injury liability, and contractual liability) in an amount not less than
$1,000,000 per occurrence and a general aggregate limit in the amount of not less
than $2,000,000.
13.3.2 Contractors automobile liability policy shall cover both bodily injury and
property damage in an amount not less than $500,000 per occurrence and an
aggregate limit of not less than $1,000,000. All of Contractor
commercial general liability insurance policies shall cover all vehicles used in
connection with Contractor
include, but are not limited to, owned vehicles, leased vehicles, Contractor
employee vehicles, non-owned vehicles and hired vehicles.
13.3.3 Prior to City's execution of this Agreement, copies of insurance policies or
original certificates and additional insured endorsements evidencing the coverage
required by this Agreement, for both commercial general and automobile liability
insurance, shall be filed with City and shall include the City and its officers,
employees and agents, as additional insured . Said policies shall be in the usual
form of commercial general and automobile liability insurance policies, but shall
include the following provisions:
It is agreed that the City of Grand Terrace and its officers, employees and agents,
are added as additional insures under this policy, solely for work done by and on
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behalf of the named insured for the City of Grand Terrace.
13.4 Contractor shall require all of its subcontractors to
carry insurance, in an amount sufficient to cover the risk of injury, damage or loss that
furtherance of this Agreement, including, but without limitation, the following
Contractor shall provide City
with satisfactory evidence that Subcontractors have obtained insurance policies and
14. Business Tax. Contractor understands that the Services performed under this Agreement
constitutes doing business in the City of Grand Terrace, and Contractor agrees that Contractor
will register for and pay a business tax pursuant to Chapter 5.04 of the Grand Terrace Municipal
Code and keep such tax certificate current during the term of this Agreement.
15. Time of Essence. Time is of the essence for each and every provision of this Agreement.
16. City's Right to Employ Other. City reserves the right to employ other in connection with
the Services.
17. Solicitation. Contractor warrants that they have not employed or retained any person or
City to solicit or secure this Agreement, nor has it entered into any agreement or understanding
for a commission, percentage, brokerage, or contingent fee to be paid to secure this Agreement.
For breach of this warranty, City shall have the right to terminate this Agreement without
liability and pay only for the value of work has actually performed, or, in its sole discretion, to
deduct from the Agreement price or otherwise recover from Contractor the full amount of such
commission, percentage, brokerage or commission fee. The remedies specified in this section
shall be in addition to and not in lieu of those remedies otherwise specified in this Agreement.
18. General Compliance with Laws. Contractor shall keep fully informed of federal, state and
local laws and ordinances and regulations which in any manner affect those employed by
Professional, or in any way affect the performance of services by Contractor pursuant to this
Agreement. Contractor shall at all times observe and comply with all such laws, ordinances and
regulations, and shall be solely responsible for any failure to comply with all applicable laws,
ordinances and regulations.
19. Amendments. This Agreement may be modified or amended only by a written Agreement
and/or change order executed by the Contractor and the City.
20. Termination. City, by notifying Contractor in writing, shall have the right to terminate any
or all of professional , with or without
cause. In the event of such termination, Contractor may submit s final written statement of the
amount of Contractor's services as of the date of such termination based upon the ratio that the
work completed bears to the total work required to make the report complete, subject to the
ons 16 and 21 hereof. In ascertaining the work actually rendered
through the termination date, City shall consider completed work, work in progress and complete
and incomplete reports and other documents only after delivered to City.
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20.1 Other than as stated below, City shall give Contractor thirty (30) days prior written
notice prior to termination.
20.2 City may terminate this Agreement upon fifteen (15) days written notice to
Contractor, in the event:
20.2.1 Contractor substantially fails to perform or materially breaches the Agreement;
or
20.2.2 City decides to abandon or postpone the Services.
21. Offsets. Contractor acknowledges and agrees that with respect to any business tax or
penalties thereon, utility charges, invoiced fee or other debt which Contractor owes or may owe
to the City, City reserves the right to withhold and offset said amounts from payments or refunds
or reimbursements owed by City to Contractor. Notice of such withholding and offset shall
promptly be given to by City in writing. In the event of a dispute as to the amount owed or
whether such amount is owed to the City, City will hold such disputed amount until either the
appropriate appeal process has been completed or until the dispute has been resolved.
22. Successors and Assigns. This Agreement shall be binding upon City and its successors
and assigns, and upon Contractor and its permitted successors and assigns, and shall not be
assigned by, Contractor either in whole or in part, except as otherwise provided in paragraph 9 of
this Agreement.
23. Governing Law,Venue, Dispute Resolution and Attorneys' Fees. This Agreement shall
be governed by and construed in accordance with laws of the State of California. Prior to
commencing suit in a court of competent jurisdiction, any controversy,dispute or claim arising
out of the Agreement shall first be submitted to an alternative dispute resolution process as set
forth in Section 24 herein. Any action at law or in equity brought by either of the parties hereto
for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in a
court of competent jurisdiction in the County of San Bernardino, State of California, and the
parties hereby waive all provisions of law providing for a change of venue in such proceedings to
any other county. In the event either party hereto shall bring suit to enforce any term of this
Agreement or to recover any damages for and on account of the breach of any term or condition
of this Agreement, it is mutually agreed that the prevailing party in such action shall recover all
costs thereof, including reasonable attorneys' fees, to be set by the court in such action.
24. Alternative Dispute Resolution. In the event of any controversy,dispute or claim arising
out of or relating to this Agreement, the parties hereto shall consult and negotiate with each other
and, recognizing their mutual interest, attempt to reach a solution satisfactory to both parties. If
they do not reach settlement within a period of 60 days, the matter shall be submitted to an
alternative dispute resolution process, either nonbinding arbitration by
written notice from either party to the other.The parties shall meet and confer in good faith and
select a Process and an arbitrator or a mediator that is agreeable to both sides.The selected
Process shall be completed no later than er of the
aforementioned written notice, unless the Parties mutually agree to an extension of the Process
Period. If the matter is not successfully resolved by the selected Process, within the Process
Period, the parties are free to commence litigation in a court of competent jurisdiction as defined
in Section 23 herein. the end
of the Process Period, shall be subject to a stay until the end of the Process Period. The Parties
further agree to equally bear the cost of the Process.
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D-7
25. Nondiscrimination. During Contractor Contractor shall
not discriminate on the grounds of race, religious creed, color, national origin, ancestry, age,
physical disability, mental disability, medical condition, including the medical condition of
Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto, marital status,
sex, or sexual orientation, in the selection and retention of employees and subcontractors and the
procurement of materials and equipment, except as provided in Section 12940 of the California
Government Code. Further, Contractor agrees to conform to the requirements of the Americans
with Disabilities Act in the performance of this Agreement.
26. Severability. Each provision, term, condition, covenant and/or restriction, in whole and in
part, of this Agreement shall be considered severable. In the event any provision, term,
condition, covenant and/or restriction, in whole and/or in part, of this Agreement is declared
invalid, unconstitutional, or void for any reason, such provision or part thereof shall be severed
from this Agreement and shall not affect any other provision, term, condition, covenant and/or
restriction of this Agreement, and the remainder of the Agreement shall continue in full force and
effect.
27. Authority: The individuals executing this Agreement and the instruments referenced herein
on behalf of Contractor each represent and warrant that they have the legal power, right and
actual authority to bind Contractor to the terms and conditions hereof and thereof.
28. Entire Agreement: This Agreement constitutes the final, complete, and exclusive statement
of the terms of the agreement between the parties pertaining to the subject matter of this
Agreement, and supersedes all prior and contemporaneous understandings or agreements of the
parties. Neither party has been induced to enter into this Agreement by, nor is neither party
relying on, any representation or warranty outside those expressly set forth in this Agreement.
29. Interpretation.City and Contractor acknowledge and agree that this Agreement is the
product of mutual arms-length negotiations and accordingly, the rule of construction, which
provides that the ambiguities in a document shall be construed against the drafter of that
document, shall have no application to the interpretation and enforcement of this Agreement.
29.1 Titles and captions are for convenience of reference only and do not define,
describe or limit the scope or the intent of the Agreement or any of its terms. References
to section numbers are to sections in the Agreement unless expressly stated otherwise.
29.2 This Agreement shall be governed by and construed in accordance with the laws
of the State of California in effect at the time of the execution of this Agreement.
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D-8
IN WITNESS WHEREOF City and Contractor have caused this Agreement to be duly
executed the day and year first above written.
THE CITY OF GRAND TERRACE,
A public body
By:_________________________
Harold Duffey
City Manager
Attest: ______________________
Pat Jacques-Nares
City Clerk
APPROVED AS TO FORM:
_______________________
Richard L. Adams II
City Attorney
By:_____________________________________________
________________________________________________
[Printed Name]
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D-9
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, that we
a
hereinafter called "Principal" and
of
firmly bound unto
of
hereinafter called "City" in the penal sum
of Dollars ($ ) in lawful money of these
ourselves, our heirs, executors, administrators, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a
certain Contract with the City, dated the day of
2013 a copy of which is hereunto attached and made a part hereof for the construction of:
PUBLIC WORKS YARD PARKING LOT IMPROVEMENT
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the
undertakings, covenants, terms, conditions, and agreements of said by Contract during the
original term thereof, and any extensions thereof which may be granted by the City, with or
without notice to the Surety, and if he shall satisfy all claims and demands incurred under such
Contract, and shall fully indemnify and save harmless the City from all costs and damages
which it may suffer by reason of failure to do so, and shall reimburse and repay the City all
outlay and expense which the City may incur in making good any default, then this obligation
shall be void; otherwise, to remain in full force and effect.
PROVIDED FURTHER that the said Surety, for value received hereby stipulates and agrees
that no change, extension of time, alteration or addition to the terms of the Contract or to the
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D-10
work to be performed thereunder or the Specifications accompanying the same shall in anyway
affect its obligation 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 or to the work or to the Specifications.
PROVIDED FURTHER, that no final settlement between the City and the Contractor shall
abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
IN WITNESS WHEREOF, this instrument is executed in
Counterparts, each one of which shall be deemed an original, this the day of
2016.
ATTEST:
PRINCIPAL
PRINCIPAL SEC.
SEAL BY
ADDRESS
AS TO PRINCIPAL
ADDRESS
SURETY
ATTORNEY IN FACT
ATTEST:
SURETY SEC. ADDRESS
SEAL
WITNESS AS TO SURETY
ADDRESS
NOTE: Date of Bond must not be prior to date of Contract
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D-11
LABOR AND MATERIAL BOND
KNOWN ALL MEN BY THESE PRESENTS, that we
hereinafter called "Principal" and
of , State of California,
hereinafter called "Surety", are held and firmly bound unto
of hereinafter called "Owner", in the penal sum
of
dollars ($) in lawful money of
these United States, for the payment of which sum well and truly to be made, we bind
ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by
these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT WHEREAS, The
Principal certain contract with the Owner, dated day of
2016, a copy of which is hereto attached and made a part hereof for the
construction of:
NOW THEREFORE, if the Principal shall promptly make payment to all persons, firms,
subcontractors, and corporations furnishing materials for or performing labor in the prosecution
of the work provided for in such contract, and any authorized extension of modification thereof,
including all amounts due for materials, lubricants, oil, gasoline, repairs on machines, equipment
and tools, consumed or used in connection with the construction of such work, and all insurance
premiums of said work, and for all labor, performed in such work whether by subcontractor or
otherwise, then this obligation shall be void; otherwise to remain in full force and effect.
PROVIDED, FURTHER, that if the original contractor or his subcontractor fails to pay any of the
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D-12
persons named in Section 3181, 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 from the wages
of employees of the contractor and his subcontractors pursuant to Section 13020 of the
Unemployment Insurance Code, with respect to such work and labor that the surety or sureties
will pay for the same, in an amount not exceeding the sum specified in attorney's fee, to be fixed
by the court. The original contractor may require of his subcontractors a bond to indemnify the
original contractor for any loss sustained by the original contractor because of any default by his
subcontractors under this section.
PROVIDED FURTHER, that the said surety for value received hereby stipulates and agrees that
no change, extension of time, alteration or addition to the terms of the contract or to the work to
be performed thereunder or the specifications accompanying the same shall in any way effect
its obligation 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 or to the work or to the Specifications.
PROVIDED FURTHER, that no final settlement between the Owner and Contractor shall
abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
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D-13
IN WITNESS WHEREOF, this instrument is executed in six (6) counterparts, each one of which
shall be deemed an original, this the day of , 2016.
ATTEST:
(Principal)
(Principal Sec.)
(SEAL) (By)
(Address)
(Witness as to Principal)
(Address)
(Surety)
ATTEST:
(Surety Sec.)
(SEAL)
(By)
(Address)
(Address)
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D-14
WORKER'S COMPENSATION INSURANCE CERTIFICATE
The Contractor shall execute the following form as required by the California Labor
Code, Section 1860 and 1861:
I am aware of the provisions of Section 3700 of the Labor Code which
require every employer to be insured against liability worker's
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.
DATE: (Contractor)
(By)
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GENERAL PROVISIONS
SECTION 1 -DEFINITIONS AND ABBREVIATIONS
1.01 CITY
The word "City" shall mean the City of Grand Terrace named in the Contract Documents.
1.02 ENGINEER
The word "Engineer" shall mean the Director of Public Works or individual authorized by the City
to oversee the execution of this Contract, acting either directly or through properly authorized
agents, each agent acting only within the scope of authority delegated to him by the Engineer.
1.03 CONTRACTOR
The word "Contractor" shall mean the party entering into Contract with the City for performance
of the work called for in these specifications and shown on the drawings, including the
Contractor's authorized agents.
1.04 SUBCONTRACTOR
The word "Subcontractor" shall mean any person, firm, or corporation entering into agreement
with the Contractor for performance at the site of the work, of any part of the Contractor's
obligation under the Contract.
The Contractor, shall in his bid offer, set forth:
(a)The name and the location of the place of business of each subcontractor who
will perform work or labor or render service to the prime Contractor in or about
the construction of the work or improvements, or a subcontractor licensed by the
State of California who, under subcontract to the prime Contractor, specially
fabricates and installs a portion of the work or improvement according to detailed
drawings contained in the plans and specifications, in an amount in excess of
one-half of 1 percent of the prime Contractor's total bid.
(b)The portion of the work which will be done by each such subcontractor under this
contract shall be listed individually. The prime Contractor shall list only one
subcontractor for each such portion as is defined by the prime Contractor in his
bid.
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1.05 CONTRACT
The word "Contract" shall mean the Contract Documents and shall include the written
Agreement entered into by the City and the Contractor for the performance of work described in
the specifications and shown on the Drawings, together with the Notice Inviting Bids, the
Instruction to Bidders, the Proposal, the Information Required of Bidder, the Specifications, the
Drawings, all addenda issued by the City with respect to the foregoing prior to the opening of
bids, and all change orders issued by the City and signed by the Contractor pertaining to the
Contract after the Contract is awarded.
1.06 SPECIFICATIONS
The word "Specifications" shall mean the General Conditions of the Contract and the Special
Provisions of the Contract, together with all addenda and change orders issued with respect
thereto.
STANDARD SPECIFICATIONS. The work embraced herein shall be done in accordance with
the provisions of the Standard Specifications for Public Works Construction, 2009 Edition,
commonly known as the "Greenbook", produced by Public Works Standards, Inc. and published
by BNI Publications Inc., insofar as the same may apply, which specifications are hereinafter
referred to as the Standard Specifications, and as modified herein.
1.07 DRAWINGS
The words "Drawings" or "Contract Drawings" shall mean those drawings accompanying the
Specifications which show the location, nature, extent and form of the work together with
applicable details.
1.08 COUNCIL
The City Council of the City of Grand Terrace.
1.09 ENGINEERS ESTIMATE
The lists of estimated quantities of work to be performed as contained in the Contract
Documents.
1.10 INSPECTOR
The representative of the Engineer or Director of Public Works who is assigned to inspect
conformance of the work in accordance with plans and specifications.
1.11 OVERLAY
A supplemental surface course placed on an existing pavement to improve its surface
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conformation or increase its strength.
1.12 ROADBED
That portion of the street included between the outside lines of curbs or paving.
1.13 STANDARD PLANS
Standard Detail Drawings of the County of Riverside/San Bernardino and the State Department
of Transportation.
1.14 SURFACE COURSE
The top layer of pavement (exclusive of open graded A.C.), designed to provide structural
values and a surface resistant to traffic abrasion.
1.15 TRAVELED WAY
That portion of the roadway reserved for the movement of vehicles for the general public,
exclusive of shoulders and auxiliary lanes. Where traffic has been diverted or restricted to
certain lanes, with the approval of the City Engineer, these diversions or restricted lanes
become the traveled way.
1.16 RIGHT-OF-WAY
Includes City of Grand Terrace Public Right-of-Way and City of Grand Terrace Public
Easements.
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SECTION 2 -SPECIFICATIONS, DRAWINGS AND RELATED DATA
2.01 INTENT OF SPECIFICATIONS AND DRAWINGS
The intent of the Specifications and Drawings is that the Contractor furnish all plans, labor,
materials, equipment and services, except as may be specifically noted otherwise, which are
required or necessary to fully complete the work.
2.02 SPECIFICATIONS AND DRAWINGS COMPLEMENTARY
The Specifications and Drawings are complementary to each other.
2.03 DISCREPANCIES IN SPECIFICATIONS AND DRAWINGS
Any discrepancies, errors, or omissions found in the Specifications or Drawings shall be
promptly reported to the Engineer who will issue a correction in writing. The Contractor shall not
take advantage of any such discrepancies, errors, or omissions, but shall comply with any
corrective measures regarding the same prescribed by the Engineer.
2.04 CONFLICTS BETWEEN SPECIFICATIONS AND DRAWINGS
In case of conflict between the Specifications and the Drawings, the Specifications shall govern
over the Drawings. In cases of conflict between the General Conditions and Special Provisions
of the Specifications, the Special Provisions shall govern over the General Conditions.
2.05 SHOP DRAWINGS
(a) Wherever called for in these Specifications or on the Drawings, or where required
by the Engineer, the Contractor shall furnish to the Engineer for review, 7 prints
of each shop drawing. The term "Shop Drawing" as used herein shall be
understood to include detail design, calculations, fabrication and installation
drawings, lists, graphs, operating instructions, etc. Unless otherwise required,
said drawings shall be submitted at a time sufficiently early to allow review of
same by the Engineer, and to accommodate the rate of construction progress
required under the Contract.
(b)All shop drawing submittals shall be accompanied by a letter of transmittal
identifying Contractor, fabricator and subcontractor. The Contractor may
authorize a material or equipment supplier to deal directly with the Engineer with
regard to shop drawings, however, ultimate responsibility for the accuracy and
completeness of the information contained in the submittal shall remain with the
Contractor.
(c) Normally, a separate transmittal shall be used for each specific item or class of
material or equipment for which a submittal is required. Transmittal of shop
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drawings on various items using a single transmittal, will be permitted only when
the item taken together constitute a manufacturer's "package" or are so
functionally related that expediency indicates review of the group or package
as a whole.
(d) Within 15 calendar days after receipt of said prints, the Engineer will return prints
of each drawing to the Contractor with his comments noted thereon. It is
considered reasonable that the Contractor shall make a complete and acceptable
submittal to the Engineer by the second submission of drawings. The Owner
reserves the right to withhold monies due the Contractor to cover additional costs
of the Engineer's review beyond the second transmission.
(e) If 3 prints of the drawing are returned to the Contractor marked "NO
EXCEPTIONS TAKEN", formal revision of said drawing will not be required.
(f)If 3 prints of the drawing are returned to the Contractor marked "MAKE
CORRECTIONS NOTED", formal revision of said drawing will not be required.
(g) If one print of the drawing is returned to the Contractor marked
"AMEND -RESUBMIT", the Contractor shall revise said drawing and shall
resubmit 7 copies of said revised drawing to the Engineer.
(h)If one print of the drawing is returned to the Contractor marked
"REJECTED -RESUBMIT", the Contractor shall revise said drawing and shall
resubmit 7 copies of said revised drawing to the Engineer.
(I) Fabrication of an item shall not be commenced before the Engineer has reviewed
the pertinent shop drawings and returned copies to the Contractor marked either
"NO EXCEPTIONS TAKEN", "MAKE CORRECTIONS NOTED" or
"AMEND -RESUBMIT". Revisions indicated on shop drawings shall be
considered as changes necessary to meet the requirements of the Contract
Drawings and Specifications and shall not be taken as the basis of claims for
extra work. The Contractor shall have no claim for damages or extension of time
due to any delay resulting from the Contractor's having to make the required
revisions to shop drawings (unless review by the Owner or said drawings is
delayed beyond a reasonable period of time and unless the Contractor can
establish that the Owner's delay in review actually resulted in a delay in the
Contractor's construction schedule). The review of said drawings by the Owner
will be limited to checking for general agreement with the Specifications and
Drawings, and shall in no way relieve the Contractor of responsibility for errors or
omissions contained therein nor shall such review operate to waive or modify
any provision contained in the Specifications or Contractor drawings. Fabricating
dimensions, quantities of material, applicable code requirements, and other
Contract requirements shall be the Contractor's responsibility.
2.06 REFERENCE TO STANDARDS OR PUBLICATIONS
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Any reference made in the Specifications or Drawings to any specifications, standard, or
publication of any organization shall, in the absence of a specific designation to the contrary, be
understood to refer to the latest edition of the specification, standard, or publication in effect as
of date of advertising the work.
2.07 REFERENCE TO PROPRIETARY PRODUCTS
Where references to proprietary products appear in the Specifications or Drawings, it is for the
purpose of establishing an acceptable standard of equality or design. Unless a substitute is
expressly prohibited, the Contractor may request approval of a substitute for any such
proprietary product. Such request must be in writing and must include descriptive literature,
specifications, test reports, or samples, as appropriate, to enable the Engineer to determine the
acceptability of the product proposed for substitution. No substitute product shall be used on
the work until written approval has been received from the Engineer.
2.08 SPECIFICATION AND DRAWINGS FURNISHED TO THE
CONTRACTOR
The Owner shall furnish the Contractor 5 sets of Specifications, together with reduced drawings
(if any) and 5 sets of full-scale Drawings. Additional quantities of Specifications and Drawings
will be furnished at reproduction cost.
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SECTION 3 -ENGINEER-CONTRACTOR RELATIONS
3.01 ENGINEER'S AUTHORITY
(a) The Engineer will decide all questions which may arise as to the quality and
acceptability of materials and equipment furnished, work performed, rate of
progress of the work, interpretation of the Specifications and Drawings, and all
questions as to the acceptable fulfillment of the Contract by the Contractor.
(b) Any difference which may arise between the Contractor and any other
contractors also under the surveillance of the Engineer will be arbitrated by the
Engineer; however, the Engineer will not arbitrate disputes between the
Contractor and his subcontractors.
3.02 ARBITRATION
Any controversy or claim arising out of or relating to this Contract which cannot
be resolved by mutual agreement shall be settled by arbitration in accordance
with the rules of the American Arbitration Association.
3.03 RIGHT-OF-WAY
(a) Lands or right-of-ways for the work to be constructed under the Contract will
be provided by the Owner as shown on the Drawings. Nothing contained in the
Specifications or Drawings shall be interpreted as giving the Contractor exclusive
occupancy of the lands or right-of-ways provided. Any additional lands or
right-of-ways required for construction operations shall be provided by the
Contractor at his own expense.
(b) Except as may otherwise be provided, the Contractor shall secure, from the
agencies having jurisdiction, the necessary permits to create obstructions, to
make excavations if required under the Contract, and to otherwise encroach
upon right-of-ways, and present evidence to the owner that such permission has
been granted, before work is commenced. Regulations and requirements of all
agencies concerned shall be strictly adhered to in the performance of this
Contract, including the furnishing of insurance and bonds if required by such
agencies. The enforcement of such requirements under this Contract shall not
be made the basis for claims for additional compensation.
(c) The Contractor shall not do any work that would affect any oil, gas, sewer, or
water pipeline, any telephone, telegraph, or electric transmission line, fence, or
any other structure, nor enter upon the right-of-ways involved until notified that
the Owner has secured authority therefore from the proper party. After authority
has been obtained, the Contractor shall give said party due notice of his intention
to begin work, and shall give said party convenient access and every facility for
removing, shoring, supporting, or otherwise protecting such pipeline,
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transmission line, ditch, fence, or structure, and for replacing same. The
Contractor shall not be entitled to any extension of time or extra compensation on
account of any postponement, interference, or delay caused by any such
pipeline, transmission line, fence, or structure being on the line of the work
except as provided in Section 3.04.
3.04 CONSTRUCTION INTERFERENCES
(a) As used in this section, the word "Utility" shall be understood to include
tracks, overhead or underground wires, cables, pipelines,conduits, ducts,
sewers or storm drains. As used in this Section, the term "Service Connection"
shall be understood to mean all or any portion of a pipeline (including sewer
house laterals), conduit, wire, cable or duct, including meter, between a utility
distribution line and an individual customer, or customers when served by a
single service connection. As used in this Section, the term "Construction
Interference" shall be understood to include any utility or service connection
within the limits of excavation or over excavation required for the work under the
Contract as shown or as ordered by the Engineer, or any utility or service
connection located in the space which will be required by any of the work under
this Contract.
(b) In the event any utility or service connection is required to be disturbed or
removed to permit construction of a pipeline or other structure under the
Contract, such disturbance or removal shall be done only with the approval of the
Engineer and following notification to the Owner of the interfering utility or service
connection. Any such utility or service connection removed or otherwise
disturbed shall be reconstructed as promptly as possible in its original or other
authorized location in a condition at least as good as prior to such removal or
disturbance, subject to the inspection of the owner of same. The Contractor's
responsibility under this Section to remove or replace shall apply even in the
event such damage or destruction occurs after backfilling. The Owner of the
utility or service connection shall be notified immediately after damage or
destruction occurs or is discovered.
(c) During the performance of the work under this Contract, the Owner of any
utility affected by the work shall have the right to enter when necessary upon any
portion of the work for the purpose of maintaining service and of making changes
in or repairs to said utility.
(d) The Drawings show the approximate positions of known utilities in the
immediate vicinity of the work, but the City does not guarantee that all existing
utilities are shown. Service connections normally are not shown on the
Drawings. The Contractor, before commencing any excavation, shall ascertain
from records or otherwise, the existence, horizontal and vertical position, and
ownership of all existing utilities and service connections. If the Contractor
discovers any utility in the line of the work which is not shown on the Drawings,
he shall immediately notify the Engineer of the existence of same.The City will
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not be liable for any consequences arising as a result of a service connection
being incorrectly located in the field by the agency having jurisdiction over said
service connection.
"--Notwithstanding any provisions to the contrary contained in Section 4215 of
the California Government Code, the provisions of which are hereby waived by
the Contractor."
(e) All costs involved in removing, relocating, protecting supporting, repairing,
maintaining or replacing a main trunkline or utility facility which actually
constitutes a construction interference, when said utility is not shown with
reasonable accuracy as an interference or is omitted from the Drawings, will be
paid for by the Owner as extra work. In such case, the Owner will also
compensate the Contractor for equipment on the project necessarily idled during
and by reason of such work. The Owner's obligation to repair damage to such a
facility and to compensate the Contractor for idled equipment shall not extend to
damage resulting from the failure of the Contractor to use reasonable care.
(f) All costs involved in removing, relocating, protecting, supporting, repairing,
maintaining or replacing any utility or service connection other than those
described in Subsection (e) herein shall be borne by the Contractor.
(g) The Contractor shall not be assessed liquidated damages for failure to
complete the work on time to the extent that such delay was caused by failure of
connection to authorize or otherwise provide for its removal, relocation,
protection, support, repair, maintenance and replacement.
(h) The City reserves the right, upon the determination of the actual position of
existing utilities, and service connections, to make changes in alignment or grade
of the Owner's pipelines when, by so doing, the necessity for relocation of
existing utilities or services connections will be avoided. Such changes will be
ordered in writing by the Engineer. Where applicable, adjustment in the Contract
price will be on the basis of the unit prices stated in the Bidding Schedule.
Where unit prices in the Bidding Schedule are not applicable, adjustment in
Contract price will be in accordance with Section 5.02.
3.05 LINES AND GRADES
(a) Lines and Grades shall be provided by the Owner to the extent specified in
Special Provisions.
(b) The Contractor shall preserve all bench marks, stakes, and other survey
marks, and in case of their removal or destruction by his employees, he shall be
liable for the cost of their replacement.
3.06 LEGAL ADDRESS OF CONTRACTOR
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The address given in the form entitled "INFORMATION REQUIRED OF BIDDER" is hereby
designated as the place to which all notices, letters, and other communications to the Contractor
will be mailed or delivered. The mailing or delivering to said address of any notice, letter, or
other communication shall be deemed sufficient service thereof upon the Contractor. The date
of such service shall be the date of such mailing or delivery. Said address may be changed at
any time by written notice signed by the Contractor and delivered to the Engineer.
3.07 CONTRACTOR'S SUPERINTENDENCE
A qualified superintendent, acceptable to the Engineer, shall superintend the work and shall
provide competent supervision of the work until its completion. The superintendent shall have
full authority to act in behalf of the Contractor, and all directions given by the Engineer to the
superintendent shall be considered given to the Contractor. If the superintendent is not present
on a part of the work where the Engineer desires to give instructions, such instructions may be
given by the Engineer to the foreman in charge of the particular work to which the instructions
apply. Such instructions given to a foreman likewise shall be considered given to the
Contractor. Such instructions given by the Engineer to the superintendent or to a foreman,
when they concern items of substantial importance, will be confirmed in writing. All instructions
within the Engineer's authority as specified in Section 3.01. All as provided for in this
Subsection of the Standard Specifications except the Contractor shall submit a phone number
or numbers where he or his representative may be contacted 24 hours a day, 7 days a week in
the event of an emergency.
3.08 PROTESTS
If the Contractor considered any work demanded of him to be outside the requirements of the
Contract, or if he considers any order, instruction, or decision of the Engineer or of any inspector
to be unfair, he shall, immediately upon receipt of such order, instruction, or decision, ask for a
written confirmation of the same, whereupon he shall proceed without delay to perform the work
or to conform to the order, instruction, or decision satisfactory; but, unless the Contractor finds
such order, instruction, or decision satisfactory, he shall within 10 days after receipt of same, file
a written protest with the Engineer, stating clearly and in detail his objections and the reasons
therefore. Except for such protests or objections as are made of record in the manner specified
and within the time stated herein, the Contractor hereby waives all round for protests or
objections to the orders, instructions, or decisions of the Engineer and hereby agrees that, as to
all matters not included in such protest, the orders, instructions and decisions of the Engineer
and hereby agrees that, as to all matters not included in such protest, the orders, instructions
and decisions of the Engineer will be limited to matters properly falling within the Engineer's
authority as specified in Section 3.01.
3.09 INSPECTION AND TESTING
(a) All materials furnished and all work performed under the Contract shall be
subject to inspection by the Engineer. The Contractor shall be held strictly to the
true intent of the Specifications and Drawings in regard to quality to materials,
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workmanship, and diligent execution of the Contract. Such inspection may
include mill, plant, shop or field inspection as required. The Engineer shall be
permitted access to all parts of the work, including plants where materials or
equipment are manufactured or fabricated, and he shall be furnished with such
materials, information and assistance by the Contractor and his subcontractors
and suppliers as is required to make a complete and detailed inspection.
(b) Work done in the absence of prescribed inspection may be required to be
removed and replaced under the proper inspection, and the entire cost of
removal and replacement, including the cost of all materials shall be borne by the
Contractor, regardless of whether the work removed is found to be defective or
not. Work covered up without the authority of the Engineer, shall, upon the order
of the Engineer be uncovered to the extent required, and the Contractor shall
similarly bear the entire cost of performing all the work and furnishing all the
materials necessary for the removal of the covering and its subsequent
replacement, as directed and approved by the Engineer.
(c) Except as otherwise provided herein, the cost of inspection will be paid by
the Owner. All inspection fees imposed by agencies other than the Owner shall
be paid by the Contractor.
(d) The Engineer will make, or have made, such tests as he deems necessary to
insure that the work is being accomplished in accordance with the requirements
of the Contract. Unless otherwise specified in the Special Conditions, the cost of
such testing will be borne by the Owner. In the event such tests reveal
non-compliance with the requirements of the Contract, the Contractor shall bear
the cost of such corrective measures deemed necessary by the Engineer, as well
as the cost of subsequent retesting.
3.10 ASSIGNMENT FORBIDDEN
(a) The Contractor shall not assign, sublet, sell, transfer, or otherwise dispose of
the Contract or any portion thereof, or his right, title, or interest therein, or his
obligations thereunder, without the written consent of the Owner.
(b) If the Contractor violates the provisions of Subsection 3.10 (a), the Contract
may be terminated at the option of the Owner. In such event, the Owner shall be
relieved of all liability and obligations to the Contractor, and to his assignee or
transferee, growing out of such termination.
3.11 SUBCONTRACTS
(a) In the Owner's discretion, subcontracts may be permitted to such extent as
shall be shown to be necessary or advantageous to the Contractor in the
prosecution of the work and without injury to the Owner's interests. The
resubletting of the work by a subcontractor shall be subject to the same
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limitations as an original subletting. Each subcontractor shall be properly
licensed for the type of work which he is to perform.
(b) A copy of each subcontract, if in writing (or if not in writing, then a written
statement signed by the Contractor giving the name of the Subcontractor and the
terms and conditions of each subcontract), shall be filed promptly upon the
Owner's request. Each subcontract shall contain a reference to the Agreement
between the Owner and the Contractor, and the terms of that Agreement covered
thereby. Each subcontract shall provide for annulment of the same by the
Contractor upon written order of the Engineer, if, in the Owner's opinion, the
Subcontractor fails to comply with the requirements of the prime Contract insofar
as the same may be applicable to this work.
(c) The Contractor shall be responsible to the Owner for the acts and omissions
of his subcontractor and their employees to the same extent as he is responsible
for the acts and omissions of his own employees. Nothing contained in this
Section shall create any contractual relationship between any subcontractor and
the Owner or relieve the Contractor of any liability or obligation under the prime
Contract.
3.12 SUSPENSION OF WORK
(a) The Owner may, by written notice to the Contractor, suspend the work, in
whole or in part, for such period or periods as he may deem necessary, due to
unsuitable weather, delay in delivery of Owner-furnished equipment or materials,
or such other conditions as are considered unfavorable for prosecution of the
work, or failure on the part of the Contractor to carry out the provisions of the
Contract or to provide materials or workmanship meeting the requirements of the
Specifications. Suspended work shall be resumed by the Contractor within 10
days of receipt from the Owner of written notice to proceed.
(b) The Contractor shall have no claim for damages alleged to have been
suffered by reason of any suspension of the work without termination of the
Contract, and he shall receive no additional compensation because of any such
suspension.
3.13 TERMINATION OF CONTRACT BY OWNER (CONTRACTOR NOT AT
FAULT)
The Owner may terminate the Contract upon 10 days written notice to the
Contractor, if it is found that reasons beyond the control of either the Owner of
Contractor make it impossible or against the Owner's interests to complete the
work. In such a case, the Contractor shall have no claims against the Owner
except (1) for the value of work performed up to the date the Contract is
terminated, and (2) for the cost of materials and equipment on hand, in transit or
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on definite commitment, as of the date the Contract is terminated, which would
be needed in the work and which meet the requirements of the Specifications.
The value of the work performed and the cost of the materials and equipment
delivered to the site, as mentioned above, shall be determined by the Engineer in
accordance with the procedure prescribed for the making of the final estimate
and payment as described in Section 5.08.
3.14 TERMINATION OF CONTRACT BY OWNER (CONTRACTOR AT
FAULT)
(a) The Owner may terminate the Contract upon 10 days written notice to the
Contractor in the event of any default by the Contractor. It shall be considered a
default by the Contractor whenever he shall (1) declare bankruptcy, become
insolvent, or assign his assets for the benefit of his creditors; (2) disregard or
violate important provisions of the Contract documents or Engineer's instructions,
or fail to prosecute the work according to the approved progress schedule; or (3)
fail to provide a qualified superintendent, competent workmen, or subcontractors,
or materials or equipment meeting the requirements of the Specifications and
Drawings.
(b) In the event the Contract is terminated in accordance with Subsection
3.14(a), the Owner may take possession of the work and of all materials, tools,
equipment, and property of the Contractor, which have been provided in
connection with the work, and may complete the work by whatever method or
means he may select. The cost of completing the work shall be deducted from
the Contract balance and the work completed in accordance with the Drawings
and Specifications. If such cost exceeds the balance which would have been
due, the Contractor shall pay the excess amount to the Owner. If such cost is
less than the balance which could have been due, the Contractor shall have no
claim to the difference except to such extent as may be necessary, in the opinion
of the Engineer, to reimburse the Contractor or the Contractors sureties for any
expense properly incurred for materials, tools, equipment, property, and labor,
devoted to the prosecution of the work, of which the Owner shall have received
the benefit. In computing such expenses, as it relates to equipment and
property, the salvage value at completion of the work shall be deducted from the
depreciated value at the time the Contract was terminated, and the difference
shall be considered as an expense.
3.15 TERMINATION OF CONTRACT BY CONTRACTOR
The Contractor may terminate the Contract upon 10 days written notice to the Owner, whenever
(1) the entire work has been suspended in accordance with Section 3.12, for 60 consecutive
calendar days through no fault or negligence of the Contractor, and notice to resume work or to
terminate the Contract has not been received from the Owner within this time period; or (2) the
Owner should fail to pay the Contractor any substantial sums due him in accordance with the
terms of the Contract and within the time limits prescribed. In the event of such termination, the
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Contractor shall have no claim against the Owner except for those claims specifically
enumerated in Section 3.13.
3.16 FAILURE TO COMPLY
If the Contractor should refuse or neglect to comply with the provisions of the Contract or the
orders of the Owner, the Owner may have such provisions or orders carried out by others at the
expense of the Contractor.
3.17 CONTRACT TIME OF COMPLETION
The Contractor shall complete the construction of the work to the satisfaction of the Owner, in
accordance with the Standard Specifications and the Special Conditions. A "Notice to Proceed"
will be issued by the Owner, the date of which shall commence the Contract time. The allotted
time for this project is as follows:
All work shall be performed on a Friday and Saturday, if more than one day is
needed, from 7:30am 6:00pm.
SECTION 4 -MATERIALS AND WORKMANSHIP
4.01 SAFEGUARDING OF EQUIPMENT, MATERIALS AND WORK
The Contractor shall properly safeguard all equipment, materials, and work against loss,
damage, malicious mischief, or tampering by unauthorized persons until acceptance of the work
by the City. Locked and covered storage or continuous surveillance by a watchman shall be
provided if required to accomplish this purpose.
4.02 NEW MATERIALS AND EQUIPMENT
Unless otherwise specified, shown, or permitted by the Engineer, all materials and equipment
incorporated in the work shall be new and current manufacture. The Engineer may request the
Contractor to furnish manufacturer's certificates to this effect.
4.03 CONTRACTOR'S UTILITIES
The Contractor shall provide his own water, telephone, and all electric power required in
performance of the work under the Contract, and shall pay all installation charges and monthly
bills in connection therewith.
4.04 TITLE TO MATERIALS FOUND ON THE WORK
The City reserves the right to retain title to all soils, stone, sand, gravel, and other materials
developed and obtained from the excavation and from other operations connected with the
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work. Unless otherwise specified in the Special Provisions,neither the Contractor nor any
subcontractor shall have any right, title, or interest in or to any such materials. The Contractor
will be permitted to use in the work, without charges, any such materials which meet the
requirements of the Special Provisions and Drawings.
4.05 DEFECTIVE EQUIPMENT, MATERIALS OR WORK
(a) Inspection of the work shall not relieve the Contractor of any of his obligations
under the Contract. Even though equipment, materials or work required to be
provided under the Contract have been inspected, accepted and estimated for
payment, the Contractor shall, at his own expense, replace or repair any such
equipment, materials, or work found to be defective or otherwise not in
compliance with the requirements of the Contract up to the end of the
maintenance and guarantee period.
(b)Any equipment or materials brought upon the job site by the Contractor and
subsequently rejected by the Engineer as not complying with the requirements of
the Contract shall be removed immediately by the Contractor to a satisfactory
distance from the job site.
(c) If the Contractor shall fail to repair or replace unsatisfactory equipment,
materials, or work, or to remove unsatisfactory equipment or materials from the
job site, within 10 calendar days after being ordered to do so by the Engineer, the
Engineer, acting on behalf of the City, may make the ordered repairs or remove
the condemned equipment or materials and the City will deduct the cost thereof
from any monies due or to become due the Contractor.
4.06 SOUND CONTROL REQUIREMENTS
4.07 RUBBISH CONTROL
During the progress of the work, the Contractor shall keep the site of the work and other areas
used by him in a neat and clean condition, and free from any accumulation of rubbish.
4.08 DUST CONTROL
The Contractor shall at all times conduct his work so as to avoid unnecessary dust. He shall
provide adequate equipment and water as determined by the Engineer to be necessary for
accomplishment of this objective.
4.09 CHARACTER OF WORKMEN
None but skilled workmen shall be employed on work requiring special qualifications. When
required in writing by the Engineer, the Contractor or any subcontractor shall discharge any
person who is, in the opinion of the Engineer, incompetent, disorderly, or otherwise
unsatisfactory, and shall not again employ such discharged person on the work except with the
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consent of the Engineer. Such discharge shall not be the basis of any claim for damages
against the City or any of his agents.
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SECTION 5 -PROGRESS AND PAYMENT
5.01 BREAKDOWN OF CONTRACT PRICE
Prior to commencement of the work, if requested by the Engineer, the Contractor shall submit a
detailed price breakdown of any or all of his bid items for the work. Such price breakdown shall
include quantities, unit prices, and any other information required, in sufficient detail, to enable it
to be used by the Engineer in preparing the monthly progress estimates. The Contractor shall
use the price breakdown form bound with Specifications if one is included.
5.02 CHANGE ORDERS
(a)The City may, as the need arises, order changes in the work through additions,
deletions, or modifications, without invalidating the Contract. Such changes will
be effected through written change orders delivered to the Contractor, describing
the change required in the work, together with any adjustment in Contract price
or time of completion as hereinafter provided. No such change shall constitute
the basis of claims for damage or anticipated profits; however, the City will make
reasonable allowance for the value of any work materials or equipment furnished
and subsequently rendered useless because of such change. Any adjustment in
Contract price resulting from a change order will be considered in computing
subsequent monthly payments due the Contractor. Any work performed in
accordance with a change order shall be subject to all provisions of the original
Contract, and the Contractor's sureties shall be bound thereby to the same
degree as under the original Contract.
(b)No labor cost for move in and out of minimum charges, other than the hourly
rate, shall be allowed for persons available from the force already on the job site.
Only the foremen directly supervising the job shall be included in the labor
charges. Labor rates for delays will be the actual costs. Labor rates for extra
work will be taken from the rates published periodically by the California
Department of Transportation.
Equipment rental rates for delays and for extra work will be taken from the rates
published periodically by the California Department of Transportation. Move in
and out or minimum charges other than the hourly rate, shall not apply to
equipment available from the force already on the job site. Right-of-way delay
factors shown on the Equipment Rental Rates do not apply. Copies of the
prevailing Equipment Rental Rates are available from the:
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
1900 ROYAL OAKS DRIVE
SACRAMENTO, CALIFORNIA 95819
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(c)Any adjustment in Contract price shall be based on unit price bid on the work,
where such bid items are applicable.
(d)If the original bid prices are not applicable, the adjustment in Contract price shall
be based on a lump sum or unit price agreed upon by the City and the Contractor
prior to executing the change order.
(e)If the original bid prices are not applicable and the City and Contractor are unable
to agree upon a lump sum or unit price prior to executing the change order, the
adjustment in Contract price shall be made on a cost-plus basis. In such an
event, the following items will be included as the direct costs:
Materials and supplies
Labor (including foremen's wages)
Workmen's Compensation Insurance
Unemployment insurance contributions paid to the State
Social Security Taxes paid to the Federal Government
Labor union health and welfare, pension, vacation-holiday, and
apprenticeship fund contributions
Reasonable value for use of equipment for actual time of use
In addition to the direct costs enumerated above, the City will pay to the
Contractor for said extra work a percentage of said direct costs to compensate
for the following profit and overhead items:
Profit
General expenses
All insurance except Workmen's Compensation Insurance
Excise taxes
Property taxes
License and inspection fees
Bond premiums
All other items of expense not specifically enumerated above
Said percentage will be 15 percent of said direct costs provided the Contractor
actually performs said extra work himself. In the event said extra work is
performed by a Subcontractor, the percentage paid to the Contractor will be 20
percent of said Subcontractor's direct costs. Said percent will include allowance
for profit and overhead costs for both the Contractor and Subcontractor. In the
event said extra work is performed through more than one Subcontractor in
succession, said percentage will not exceed 25 percent.
(f)When work is being performed on a cost-plus basis, the Contractor shall submit
written reports as directed by the City, showing all items of direct cost, as defined
in Subsection 5.02 (e), which enter into the work. If required by the City, the
Contractor shall furnish books, vouchers, invoices, and other records to
substantiate the direct cost items listed in said reports.
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5.03 OVERTIME
Except as otherwise provided in this Section, the Contractor shall receive no additional
compensation for overtime work even though such overtime work may be required under
emergency conditions and may be ordered by the Engineer in writing. Additional compensation
will be paid the Contractor for overtime work only in the event extra work is ordered by the
Engineer and the change order specifically authorizes the use of overtime work, and then only
to such extent as overtime wages are regularly being paid by the Contractor for overtime work
of a similar nature in the same locality.
5.04 EXTENSION OF TIME
(a)The Contractor may be entitled to an extension of Contract time (1) if the work
has been suspended by the City, in whole or in part; or (2) Where weather or
other circumstances occur which delay progress and which are clearly beyond
the control of the Contractor; provided that, in either case, the Contractor is not at
fault and is not negligent under the terms of the Contract. The extension of time
allowed shall be as determined by the City.
(b)To receive consideration, a request for extension of time must be made in writing
to the City stating the reason for said request, and such request must be
received by the City within 10 days following the end of the delay-causing
condition.
5.05 LIQUIDATED DAMAGES
(a)The Contractor shall pay to the City the amount of two hundred and fifty dollars
per day, not as a penalty but as liquidated damages, if he fails to complete the
work within the time agreed upon. The period for which said damages shall be
paid shall be the number of calendar days from the date of termination of any
extension of time approved by the City. The City may deduct the amount of said
damages from any monies due or to become due the Contractor.
(b)The said amount is fixed and agreed upon by and between the Contractor and
the City because of the impracticability and extreme difficulty fixing and
ascertaining the actual damages the City would sustain; and said amount is
agreed to be the amount of damages which the City would sustain.
(c)The Contractor will not be assessed liquidated damages for delay in completion
of the project, which such a delay was caused by the failure of the City or the
Owner of a utility to provide for removal or relocation of an existing unknown
utility facility.
5.06 PROGRESS SCHEDULES
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Within 10 days after award of the Contract, or at such times as may be required by the City, the
Contractor shall submit progress schedules showing the order in which he proposed to carry on
the work and the dates when the various parts will begin and be completed. Progress
schedules shall be subject to the approval of the City and if in his opinion a schedule submitted
is inadequate to secure the completion of the work in the time agreed upon, or is otherwise not
in accordance with the Specifications, he may require the Contractor to submit a new schedule
which will insure timely completion of the work.
5.07 MONTHLY ESTIMATES AND PAYMENTS
(a)On or about the 25th day of each month, the Engineer shall prepare and transmit
to the City, an estimate of the cumulative amount and value of work performed by
the Contractor up to that date. Except as may otherwise be provided in the
Special Provisions,said amount will include 80 percent of the value of all
acceptable materials and equipment delivered to the site of the work. Said value
will be based on certified copies of invoices delivered by the Contractor and
Engineer. To this figure will be added all amounts due or paid the Contractor for
performance of extra work in accordance with change orders. From the total
computed above, a deduction of 10 percent will be made. Further deductions will
be made for: (1) amounts due the City for equipment or materials furnished or
services rendered; (2) amounts due the City under the terms of the Contract; (3)
amounts of any claims of lien filed with the City in accordance with Section 6.05;
and (4) amounts required to be deducted by Federal, State, or local
governmental authority. From the balance thus determined will be deducted the
amount of all previous payments and the remainder shall constitute the partial
payment due the Contractor.
(b)The City's estimate of the partial payment due the Contractor will not be required
to be made by strict measurement, and an approximate estimate will suffice. The
partial payments may be withheld or reduced if in the City's opinion, the
Contractor is not diligently or efficiently endeavoring to comply with the intent of
the Contract, or if the Contractor fails to pay his labor and material bills as they
become due.
(c)Contractor shall furnish the City promptly, upon request, all information and
records necessary to determine the cost of the work for purposes of estimating
partial payments, including an itemized statement, in a form satisfactory to the
City, of the actual cost of all acceptable materials delivered by the Contractor to
the site.
(d)No partial payment shall be construed as an acceptance of the work or of any
portion of the work, nor shall the making of such payment preclude the City
from demanding the recovering from the Contractor such damages as it may
sustain by reason of the Contractor's failure to comply with requirements of the
Contract.
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(e)In the event the Contract is terminated, any funds due the Contractor and
retained by the City in accordance with Subsection 5.07 shall become the
property of the City to the extent necessary to repay to the City any excess in the
Contract price above the cost of the work completed at the time of termination.
After issuance of notice of discontinued work, no further payments will be made
to the Contractor for the work covered by the notice until completion of the work
and final settlement has been made.
(f)Securities may be substituted by the Contractor for monies withheld as a
retention by the City to insure the performance of the work described in the
Contract agreement. At the request and expense of the 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 pay such moneys to
the Contractor upon satisfactory completion of the Contract.
Securities eligible for investment under this Section shall include those listed in
Section 16430 of the Government Code or bank or savings and loan certificates
of deposit. The Contractor shall be the beneficial owner of any securities
substituted for money withheld and shall receive any interest thereon.
5.08 FINAL ESTIMATE AND PAYMENT
(a)When the City is of the opinion that the Contractor has completely performed all
work required under the Contract, he will submit to the Contractor a draft of the
final estimate. The Contractor will be expected to submit his written approval of
said final estimate within 5 calendar days after receipt or, in the event the
Contractor disagrees with said final estimate, he shall, within said 5-day period,
file a written statement of all claims which he intends to present. If the Contractor
delays more than 5 calendar days in approving said final estimate or in
presenting his own claims, the time for the final payment shall be extended by
the period of such delay.
(b)Upon receipt by the City of the Contractor's written approval of said final estimate
in accordance with Subsection 5.08(a), the City will certify physical completion of
the work.
(c)After acceptance of the work by the City and 35 calendar days after filing of the
Notice of Completion, the City will pay to the Contractor the amount remaining
after deducting all prior payments and all amounts to be kept or retained under
the provisions of the Contract. In the event acceptance of the work is delayed
more than 30 calendar days beyond the date of the last partial payment under
the Contract, the City will make further partial payment in accordance with
Section 5.07.
(d)If the Contractor disagrees with the City's final estimate and files a written
statement of his claims in accordance with Subsection 5.08(a), the City will issue,
as a semi-final estimate, the proposed estimate submitted to the Contractor, and
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the City will make payment estimate submitted to the Contractor, in accordance
with the provisions of Subsection 5.08(c). The City then will investigate the
Contractor's claims, make any revisions to said semi-final estimate as he
appropriate. The City then will make final payment to the Contractor in
accordance with the provisions of Subsection 5.08(c).
5.09 FINAL PAYMENT TERMINATES LIABILITY OF OWNER
The acceptance by the Contractor of the final payment referred to in Subsection 5.08(c) shall be
a release of the City and its agents from all claims of and liability to the Contractor for anything
done or furnished for, or relating to, the work or for any act or neglect of the City or of any
person relating or affecting the work, except claims against the City for the remainder, if any, of
the amounts kept or retained under the provisions of Section 6.05.
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SECTION 6 -BONDS, INSURANCE, LEGAL RESPONSIBILITY, AND PUBLIC
SAFETY
6.01 FAITHFUL PERFORMANCE BOND
Each bond which is written by an out-of-state bonding company shall contain the name, address
and telephone number of an agent located in the State of California who is authorized to act for
the bonding company.
The Contractor shall secure with a corporate surety or sureties satisfactory to the City, a bond in
the amount of 100 percent of the total Bid Amount to guarantee faithful performance of the
Contract. The amount of this Faithful Performance Bond shall be reduced to 50% of the
Contract amount or $500.00 whichever is greater and shall remain in full force and effect for one
year from the date of the Final Notice of Completion to assure and guarantee against any
defective materials furnished in the performance of the Contract.
6.02 LABOR AND MATERIAL BOND
The Contractor shall secure with a corporate surety or sureties satisfactory to the City, a bond in
the amount of 100 percent of the total Bid Amount to guarantee payment of claims of laborers
and material-men under the Contract.
6.03 ADDITIONAL SURETY
If, during the life of the Faithful Performance Bond, any of the sureties named in said bond
become insufficient in the opinion of the City, he may require the Contractor to furnish additional
sufficient sureties within 5 days of receipt of written order to do so. In the event the Contractor
fails or neglects to furnish sufficient additional sureties, when ordered, within the prescribed time
period, the City may suspend the work or terminate the Contract, and the Contractor shall have
no claim for damages.
6.04 CONTRACTOR INDEBTEDNESS
Indebtedness incurred for any cause in connection with this work must be paid by the
Contractor and the City is hereby relieved at all times from any indebtedness or claim other than
payments under terms of the Contract and the Contractor will indemnify and hold harmless the
City and its officers and employees from any loss, demand, damages, claims or actions arising
from or in connection with said indebtedness.
6.05 UNPAID CLAIMS
If, upon or before the completion of the work, or at any time prior to expiration of the period
within which claims of lien may be filed of record, any person claiming to have performed
any labor or to have furnished any materials, supplies, or services toward the performance of
this Contract, or to have agreed to do so, shall file with the City a verified statement of such
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claim stating in general terms the kind of labor and materials, the value of same, and the name
of the person to or for whom the same was furnished, together with a statement that the same
has not been paid; or if any person shall bring against the City or any of its agents. Any action
to enforce such claim the City will, until the action is settled, withhold from monies due the
Contractor an amount sufficient to satisfy the decision of the court together with costs.
6.06 INSURANCE
(a)General -The Contractor shall not commence work under this Contract
until he has obtained all the insurance required under this Section and
such insurance has been approved by the City, nor shall the Contractor
allow any subcontractor to commence work on his subcontract until the
insurance required of the subcontractor has been so obtained and
approved. All insurance required under this Section shall be maintained
continuously during the life of the Contract up to the date of acceptance of
the work by the City.
(b)Worker's Compensation Insurance -The Contractor shall procure and
maintain Workmen's Compensation Insurance as required by applicable
State or territorial law for all of his employees to be engaged in work at
the site of the project under this Contract, and, in case of any such work
sublet the Contractor shall require the subcontractor similarly to provide
Workman's Compensation Insurance for all of the latter's employees to be
engaged in such work unless such employees are covered by the
protection afforded by the Contractor's Workmen's Compensation
Insurance. In case any class of employees engaged in hazardous work
on the project under this Contract is not protected under the Worker's
Compensation Statute, the Contractor shall provide and shall cause each
subcontractor to provide adequate employer's liability insurance for the
protection of such of his employees as are not otherwise protected.
(c)Contractor's Public Liability and Property Damage Insurance and Vehicle
Liability Insurance -The Contractor shall procure and maintain
Contractor's Liability Insurance in the amounts specified herein.
(d) Subcontractor's Public Liability and Property Damage Insurance and
Vehicle Liability Insurance -The Contractor shall either (1) require each of
his subcontractors to procure and to maintain Subcontractor's Public
Liability and Property Damage Insurance and Vehicle Liability Insurance
of the type and in the amounts specified in the Special Provisions or, (2)
insure the activities of his subcontractors in his own policy, in like amount.
(e)Builder's Risk Insurance (Fire and Extended Coverage) -The Contractor
shall procure and maintain Builder's Risk Insurance (All Risk Coverage)
on a 100 percent completed value basis on the insurable portion of the
project for the benefit of the City, the Contractor and subcontractors as
their interests may appear.
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(f) Scope of Insurance -The insurance required under Subsections (c) and
(d) hereof shall provide adequate protection for the Contractor and his
subcontractor's respectively, against damage claims which may arise
from operations under this Contract, whether such operations be by the
insured or by anyone directly or indirectly employed by him. In addition,
the insurance required under subsections (c), (d) and (e) hereof shall
name the City and Engineer, and their officers, agents and employees, as
"additional insured" under the policies. The insurance coverage should
contain the following provisions: "Solely as respects work done by and on
behalf of the named insured for the City of Grand Terrace, it is agreed
that the City of Grand Terrace, is added as an additional insured under
this policy. It is further agreed that the other insurance conditions of the
policy are amended to conform therewith."
All liability insurance policies shall bear an endorsement or shall have
attached a rider whereby it is provided that, in the event of expiration,
material alteration, or proposed cancellation of such policies for any
reason whatsoever, the City shall be notified by registered or certified
mail not less than 30 days before expiration, material alteration or
cancellation is effective.
All liability insurance shall cover comprehensive general and automobile
liability for both bodily injury (including death) and property damage,
including but not limited to aggregate products, aggregate operations,
aggregate protective and aggregate contractual with the following
minimum limits:
Bodily injury (including death) $1,000,00 each person, $1,000,000 each
occurrence
Property Damage $500,000 each occurrence, $1,000,000 aggregate
Special attention is directed to possible flood hazards, and/or nuisance
water such as irrigation and other runoff. The Contractor shall be
responsible for all injuries or damages to any portion of the work
occasioned by the above causes and he shall make good such injuries or
damages at no cost to the City prior to the completion and acceptance of
the work.
(g) Proof of Insurance -The Contractor shall furnish the City with certificates
showing the type, amount, class of operations covered, effective dates
and date of expiration of policies. Such certificates shall also contain
substantially the following statements: "The insurance covered by this
certificate will not be cancelled or materially altered, except after 30 days
written notice has been received by the City."
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6.07 NO PERSONAL LIABILITY
The Contractor shall indemnify and save harmless the City, its officers, agents, and employees,
against and from all claims and personal liability arising under or by reason of the Contract or
any performance of the work.
6.08 DIR REQUIREMENTS
Pursuant to State Bill 854, the following new requirements apply to all public works projects:
A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject
to the requirements of Section 4104 of the Public Contract Code, or engage in the performance
of any contract for public work, as defined in this chapter, unless currently registered and
qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section
for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the
Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code,
provided the contractor is registered to perform pubic work pursuant to Section 1725.5 at the
time the contract is awarded. The website for contractor registration with the Department of
Industrial Relations (DIR) is https://efiling.dir.ca.gov/PWCR; the annual non-refundable fee, valid
July 1 through June 30 (state fiscal year), is $300.
Contractors and subcontractors must submit electronic payroll records to the DIR's Compliance
Monitoring Unit (CMU) in addition to providing wet-ink original copies to the City or its
designated labor compliance officer.
6.09 PERMITS AND LICENSES
Unless otherwise provided in the Special Provisions, the Contractor shall obtain at his own
expense all permits and licenses required for prosecution of the work and shall pay all taxes
properly assessed against his equipment or property used in connection with the work.
No work shall be started within the street right-of-way or on City property until the Contractor
has obtained the necessary permits. The Contractor shall obtain and pay for all permits and
fees and give all notices necessary and incident to the due and lawful prosecution of the work
and to the preservation of the public health and safety. Fees will not be collected on those
permits obtained from the City Engineer's Office.
For work on private property where shown on the plans, the City will provide rights of entry at no
cost to the Contractor. Such rights of entry do not relieve the Contractor of the need to provide
at his cost, permits and insurance required of the Contractor by other agencies and
organizations.
The Contractor shall obtain and pay for all costs incurred for licenses necessitated by his
operations. Prior to starting any work, the Contractor shall be required to have a City Business
License valid for the life of the Contract; his subcontractors shall also have Business Licenses
valid for the time they are engaged in work.
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6.10 SALES AND USE TAXES
The Contractor shall pay all sales and use taxes assessed by Federal, State or local authorities
on materials furnished by the Contractor in performance of the work.
6.11 PATENTS AND COPYRIGHTS
The Contractor shall indemnify and save harmless the City and its officers, agents, and
employees, against all claims or liability arising from the use of any patented or copyrighted
design, device, material, or process by the Contractor or any of his subcontractors in the
performance of the work.
6.12 Reserved
6.13 PUBLIC SAFETY AND CONVENIENCE - Please refer to Special
Provisions
For convenience to the Contractor to comply with the other provisions of this section, the
following telephone numbers are listed.
Fire Department 909-825-0221
Sheriff Department 909-824-0680
Courtesy Ambulance Service 909-884-3155
RTA 909-682-1234
Colton Unified School District 909-976-4110
If the above telephone numbers are changed, the Contractor is not relieved of his responsibility
of notifying the various departments.
6.14 SANITARY PROVISIONS
The Contractor shall provide and maintain such sanitary accommodations for the use of his
employees and those of his subcontractors as may be necessary to comply with the
requirements of local and State health departments.
6.15 FEDERAL SAFETY AND HEALTH REGULATIONS
(a)Contractors and subcontractors shall comply with the provisions of the
Safety and Health Regulations for construction, promulgated by the
Secretary of Labor under Section 107 of the "Contract Work Hours and
Safety Standards Act", as set forth in Title 29, C.F.R.
(b) Contractors and subcontractors shall comply with the provisions of
the Occupational Safety and Health Standards, promulgated by the
Secretary of Labor under the "Occupational Safety and Health Act of
1970," as set forth in Title 29. C.F.R.
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SECTION 7 -STATE OF CALIFORNIA REQUIREMENTS
7.01 WAGES
(a) Pursuant to the provisions of the California Labor Code, not less than
the general prevailing rate of per diem wages for work of a similar
character in the locality in which the said work is performed, and not less
than the general prevailing rate of per diem wages for legal holidays and
overtime work in each craft or type of workmen needed to execute the
work contemplated under the Contract, shall be paid to all workmen on
and in connection with said work by the Contractor and by any
subcontractor doing or contracting to do any part of said work. The
Contractor shall, as a penalty to the City, forfeit $25.00 for each calendar
day, or portion thereof, for each workman paid less than the stipulated
prevailing rates of such work or craft in which such workman is employed,
whether paid by the Contractor or by any subcontractors under him. The
Contractor agrees to comply with the provisions of Sections 1775 and
1776 of the California Labor Code. The Contractor is also required to post
the applicable prevailing wage rates at the jobsite.
Pursuant to 1773.2, the Contractor shall refer to the wage schedule on file
at the City Clerk's Office at 22795 Barton Road, Grand Terrace, California,
92313.
(b) The Contractor and the subcontractors shall comply with the
Davis-Bacon Fair Labor Standards Act (40 USC a--276a-5) and the
implementation regulations issued pursuant thereto (29 CFR Section 1.5)
and any amendments thereof.
(c) The issuance, as payment for wages, of any evidence of
indebtedness is prohibited unless the same is negotiable and payable on
demand without discount.
(d) In accordance with the provisions of Section 3700 of the California
Labor Code, the Contractor shall secure the payment of compensation to
his employees.
7.02 PAYROLL RECORDS
Contractor shall provide the City with certified copies of payroll records upon demand,
and within 24 hours of such demand.
7.03 APPRENTICES ON PUBLIC WORKS
The Contractor shall comply with all applicable provisions of Sections 1775.5 of the
California Labor Code relating to employment of apprentices on public works.
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7.04 WORKING HOURS
(a) The Contractor shall comply with Chapter 8.108 G.T.M.C. restricting work
between the hours of eight p.m. and seven a.m. weekdays, including
Saturday or at any time on Sunday or a National Holiday.
(b)The Contractor shall comply with all applicable provisions of Sections
1810 to 1817, inclusive, of the California Labor Code relating to working
hours. The Contractor shall, as penalty to the City, forfeit $25.00 for each
workman employed in the execution of the Contract by the Contractor or
by any subcontractor for each calendar day during which such workman is
required or permitted to work more than 8 hours in any one calendar day
and 40 hours in any one calendar week in violation of the
above-mentioned Sections of the California Labor Code.
7.05 PROTECTION OF WORKERS IN TRENCH EXCAVATION
Contractor shall comply with all of the requirements of California Division of Industrial
Safety. The protection of workers must meet the requirements of Construction Safety
Orders.
7.06 CONTRACTOR NOT RESPONSIBLE FOR DAMAGES RESULTING FROM
CERTAIN ACTS OF GOD
As provided in Sections 4150 and 4152, inclusive, of the California Government code,
the Contractor shall not be responsible for the cost of repairing or restoring damage to
the work, which damage is determined to have been proximately caused by an Act of
God in excess of five percent of the contracted amount, provided, that the work
damaged is built in accordance with accepted and applicable building standards and the
attached plans and specifications. The Contractor shall obtain insurance to indemnify
the City for any damage to the work caused by an Act of God if the premium for said
insurance coverage is not called for as a separate bid item in the Bidding Schedule for
the work.
For the purpose of this Section, the term "Acts of God" shall include only the following
occurrences or conditions and effect; earthquakes in excess of a magnitude of 3.5 on
the Richter Scale.
7.07 NOTICE OF COMPLETION
As required by the Civil Code, and within ten calendar days after date of acceptance of
the work by the City's governing body, the City will file, in the County Recorder's Office,
a Notice of Completion of the work.
7.08 CONCRETE FORMS, FALSEWORK AND SHORING
The Contractor shall comply fully with the requirements of Section 1717 of the
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Construction Safety Orders, State of California, Department of Industrial Relations,
regarding the design of concrete forms, falsework and shoring, and the inspection of
same prior to placement of concrete. Where the said Section 1717 requires the
services of a registered civil engineer in the State of California to approve design
calculation and working drawings of the falsework or shoring system, or to inspect such
system prior to placement of concrete, the Contractor shall employ a registered civil
engineer for these purposes.
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PUBLIC WORKS YARD PARKING LOT REPAIR SP-1
PART 3
CONSTRUCTION METHODS
SECTION 300 -EARTHWORK
300-1 CLEARING AND GRUBBING
300-1.2 Preservation of Property.
Any irrigation systems in conflict with the proposed improvements that are removed,
damaged, disturbed, or broken shall be modified/relocated, repaired, and/or
replaced to be operable and provide full irrigation coverage to the areas requiring
irrigation using new materials, equal or better than the original materials, with 20 mm
(3/4 in) Schedule 40 PVC being the minimum acceptable for underground lines and
13 mm (1/2 in) Schedule 80 being minimum acceptable for risers and with the
systems not being out of operation for more than two (2) days.
All trees, shrubbery and lawns deprived of normal irrigation watering due to a
thoroughly irrigated by the Contractor so that said plantings will not be damaged. If
any trees, shrubbery or lawns die or suffer unacceptable damage as a result of or
the same plant species and size. Existing grass lawns within areas that must be
excavated and/or re-graded shall be replaced with grass sod in kind. Dead, dying,
and unacceptably damaged grass shall be replaced with new grass sod.
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PUBLIC WORKS YARD PARKING LOT REPAIR SP-2
SPECIAL PROVISIONS
SIGNING, STRIPING, AND PAVEMENT MARKERS
All equipment, materials, and components for signing and striping, and the installation
thereof, shall conform to the 2010 Caltrans Standard Plans, and Standard
Specifications, Section 56, "Signs," Section 84, "Traffic Stripes and Pavement
Markings," and
Special Provisions and on the Plans. These Plans and Specifications are hereinafter
referred to as State Standard Plans and State Standard Specifications. Copies of these
documents are available from Caltrans, District 7 office at 100 South Main Street, Los
Angeles, California 90012 or from Caltrans, 6002 Folsom Boulevard, Sacramento,
California 95819, (916) 445-3520.
All materials required for the completion of work as shown on the Plans shall be
provided by the Contractor.
SECTION 56 -SIGNS
56-4 ROADSIDE SIGNS
56-4.03 Construction. Relocated signs shall be installed using existing posts at new
locations and shall be set at a minimum 30-inch depth and at a minimum 12-inch
square portland cement concrete (PCC). The post depth of the concrete footing
shall be sufficient to extend at least 6-inches below the bottom of the posts. ¼-inch
expansion paper shall be placed between the sign foundation and sidewalk.
New signs shall be installed using metal posts set at a minimum of 30-inch depth in
a minimum 12-inch square PCC. The metal post shall be 2-inch square galvanized
steel "Quik-Punch," with 30-inch break away base and 18-inch sleeve. The length of
the metal post shall be sufficient to extend from the top of the sign to 30-inches
below the top of the concrete footing and provide a 7-foot clearance between the
finished grade and the bottom of the sign. The depth of the concrete footings shall
be sufficient to extend at least 6-inches below the bottom of the posts. ¼-inch
expansion paper shall be placed between the sign foundation and sidewalk.
Marker and delineators shall conform to the provision in Section 82,
"Markers and Delineators."
56-4.04 Payment. Payment for signing shall be included in the various unit price
items per the bid schedule, and no additional compensation will be allowed therefor.
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PUBLIC WORKS YARD PARKING LOT REPAIR SP-3
SECTION 84 -TRAFFIC STRIPES AND PAVEMENT MARKINGS
84-1 GENERAL
84-1.02 Materials. Traffic stripes and pavement markings shall be
thermoplastic and curb marking shall be paint unless otherwise shown on
the Plans. Contractor shall repaint any curb markings removed by
construction under this contract.
84-1.03A Tolerances and Appearance. The Contractor shall furnish the
necessary control points for all striping and markings, and shall be
responsible for the completeness and accuracy thereof to the satisfaction
of the Engineer.
The Contractor shall establish all traffic striping between these points by
string line or other method to provide striping that will vary less than ½-
inch in 50-feet from the specified alignment.
When no previously applied figures, markings, or traffic striping are
available to serve as a guide, suitable layouts shall be spotted in advance
of the permanent paint application. Traffic lines may be spotted by using a
rope as a guide for marking spots every 5-feet, by using a marking wheel
mounted on a vehicle, or by any other means satisfactory to the Engineer.
The Contractor shall mark or otherwise delineate the traffic lanes in the
new roadway or portion of roadway, or detour before opening it to traffic.
The Contractor shall provide an experienced technician to supervise the
location, alignment, layout, dimensions, and application of the paint.
Spotting shall be completed prior to the removal of any existing stripes.
Existing stripes and markings shall be removed prior to painting new
stripes and markings, but in no case shall any section of street be left
without the proper striping for more than 24 hours, or over weekends or
holidays.
Existing traffic stripes (including raised pavement markers), pavement
legends, and markings that do not conform to the plans shall be removed
by wet sandblasting per Section 15-2.02C, "Remove Traffic Stripes and
Pavement Markings," and Section 15-2.02D, "Remove Pavement
Markers," of the State Standard Specifications.
84-2 THERMOPLASTIC TRAFFIC STRIPES AND PAVEMENT MARKINGS
84-2.02 Materials. Traffic striping shall be thermoplastic including
crosswalks, arrows, and other pavement legends.
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PUBLIC WORKS YARD PARKING LOT REPAIR SP-4
The installation of traffic stripes includes placement of raised pavement
markers when called for on the plans.
Adhesive for raised pavement markers shall be per Section 85, "Pavement
Markers." Epoxy shall be the Rapid Set type.
84-2.04 Payment. Payment for striping details, pavement markings, and
curb marking shall be included in the various unit price items per the bid
schedule, and no additional compensation will be allowed therefor.
84-3 PAINTED TRAFFIC STRIPES AND PAVEMENT MARKINGS
84-3.02 Materials. Paint for curb markings shall be ready-mixed rapid dry
type.
Ready-mixed paints shall be suitable for use on either asphalt concrete or
portland cement concrete.
84-3.03 Construction. Paint shall be applied in two coats.
The second coat of paint shall be applied no less than 24 hours from
application of the first coat.
Each coat paint shall include glass beads.
84-3.07 Payment. Payment for curb marking shall be included in the various
unit price items per the bid schedule, and no additional compensation will be
allowed therefor.
SECTION 85 PAVEMENT MARKERS
85-1.03C Epoxy Adhesive. Adhesive for raised pavement markers shall
be rapid set type epoxy.
Removal of pavement markers shall be per Section 15-
85-1.04 Payment. Payment for pavement markers shall be included in the
various unit price items per the bid schedule, and no additional compensation will
be allowed therefor.
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PUBLIC WORKS YARD PARKING LOT REPAIR SP-5
SPECIAL PROVISIONS
SIGNALS, LIGHTING, AND ELECTRICAL SYSTEMS
All equipment, materials, and components for installation of solar powered flashing
beacons shall conform to the 2010 Caltrans Standard Plans and Standard
Specifications, Section 86, "Signals, Lighting, and Electrical Systems," except as noted
in the Special Provisions and on the Plans. These Plans and Specifications are
hereinafter referred to as State Standard Plans and State Standard Specifications.
Copies of these documents are available from the Caltrans, District 7 office at 100
South Main Street, Los Angeles, California 90012 or from Caltrans, 6002 Folsom
Boulevard, Sacramento, California 95819, (916) 445-3520.
86-1 GENERAL
86-1.03 Cost Breakdown. The cost breakdown shall be submitted to the
Engineer in conjunction with equipment list and drawings.
86-1.04 Equipment List and Drawings. The equipment list shall be
submitted to the Engineer within ten (10) working days after the date of
the Notice of Contract Approval.
Materials lists, manufacturer's data, brochures, technical data, etc., shall
be labeled and identified, and shall be submitted in bound booklet form.
The Contractor shall retain one copy of all approved material lists and
samples at the job site, readily accessible for inspection by the Engineer.
Said materials lists and samples shall be the basis for approval or
rejection of work.
86-1.05 Warranties, Guarantees, and Instruction Sheets. The Contractor
shall guarantee the entire work constructed under this contract and will
fully meet all requirements as to quality of workmanship and materials
any repairs or replacements made necessary by defects in workmanship
or materials that becomes evident within 1 year after acceptance of work
by the Agency and to restore to full compliance with the requirements of
these Specifications, any part of the work which during the 1-year period is
found to be deficient with respect to any provision of the Plans and
Specifications. The Contractor shall make all repairs and replacements
promptly upon receipt of written orders from the Engineer. If the
Contractor fails to make the repairs and replacements promptly, the City
may do the work and the Contractor and his surety shall be liable to the
City for the cost.
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PUBLIC WORKS YARD PARKING LOT REPAIR SP-6
Whenever any work or equipment is to be guaranteed or maintained by a
manufacturer, supplier, or subcontractor, said obligation shall be that of the
Contractor.
All guarantees shall be in writing and delivered to the Engineer by the
Contractor prior to final acceptance of the work.
Where the Contractor-installed facilities are damaged prior to final
acceptance by the Engineer, the Contractor shall repair or replace such
facilities at his own expense.
86-1.07 Scheduling of Work. No work shall commence and no material or
equipment shall be stored at the jobsite until such time that the Contractor
notifies the Engineer in writing of the date that all electrical materials and
equipment are to be received. Upon receipt of said notification by the
Engineer, the Contractor may commence work within 5-working days prior
to said delivery date.
The job site shall be maintained in a neat and orderly condition at all times
and areas of sidewalk removal to be left open for less than 5 days shall be
covered with plywood sheeting and barricades. Areas to be left open
more than 5 days shall be patched with temporary AC pavement,
smoothed to provide a level finished walking surface.
All striping, pavement markings, and signing shall be in place prior to
flashing beacon turn on.
Turn on of the flashing beacon system shall not be made on a Friday or
the day preceding a legal holiday, and will be permitted between the hours
of 9 a.m. and 2 p.m. only. The City shall be notified 48 hours prior to the
intended turn on.
86-2 MATERIALS AND INSTALLATION
86-2.01 Excavation and Backfilling. Excavation for foundations shall be
hand dug until clear of obstructions.
86-4 TRAFFIC SIGNAL FACES AND FITTINGS
86-4.09 Flashing Beacons. Solar powered flashing beacons shall be
Carmanah Model No. 247-
per approved Caltrans specifications.
86-8 PAYMENT
86-8.01 Payment. The second paragraph of Section 86-8.01, "Payment,"
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PUBLIC WORKS YARD PARKING LOT REPAIR SP-7
of the State Standard Specifications, is superseded by the following:
Payment for the installation of solar powered flashing beacons shall be
included in the price bid for each solar powered flashing beacon
installation as shown on the Plans, and no additional compensation will be
allowed therefor.
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ATTACHMENT II 3.b
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AGENDA REPORT
MEETING DATE: August 23, 2016 Council Item
TITLE: Report on SeeClickFix
PRESENTED BY: Sandra Molina, Planning & Development Services Director
RECOMMENDATION: Receive and File
2030 VISION STATEMENT:
This staff report supports Our Mission: “To preserve and protect our community and its
exceptional quality of life through thoughtful planning, within the constraints of fiscally
responsible government”.
BACKGROUND:
In January of 2016, the City implemented SeeClickFix (SCF) for use both internal and
external use. . This program is primarily intended as a public works tools; however, Staff
worked with the vendor to incorporate code enforcement issues as well.
SCF allows: (1) our community members to send in public works or code enforcement
issues via their mobile devices or online; and (2) City Staff to internally initiate work
orders which provides for greater efficiencies and streamlining.
Once an issue is submitted, SCF allows the community member to monitor the progress
in addressing the issue and the program generates emails back to member that
submitted the issue whenever it is updated.
Internally, it generates reports saving valuable staff time that ordinarily would take hours
to manually compile, not to mention the time spent writing and communicating work
order to maintenance staff.
DISCUSSION:
Since its implementation in mid-January 317 issues were opened both internally and
externally. The average time to closes issues is approximately 12 days.
Public Works:
The Public Works Department has received 255 service issues. 109 were generated by
community members/residents, and 146 are internal requests. Internal requests are
generated by various departments and also by the Public Works Crew Lead as a tool to
identify, assign and manage public works items.
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Code Enforcement:
Since its implementation 53 code enforcement issues have been submitted via SCF. All
but one has been resolved. As seen in the table below, 58% of the requests are related
to overgrown weeds and 29% related to “Other-Non Emergency” issues. Other-Non
Emergency issues include items such as inoperative vehicles, illegal dumping, and
unlicensed businesses.
FISCAL IMPACT:
No fiscal impact is associated with this report.
APPROVALS:
Sandra Molina Completed 08/17/2016 5:04 PM
Finance Completed 08/17/2016 5:11 PM
City Attorney Completed 08/18/2016 7:52 AM
City Manager Completed 08/18/2016 1:20 PM
City Council Pending 08/23/2016 6:00 PM
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AGENDA REPORT
MEETING DATE: August 23, 2016 Council Item
TITLE: Amendment #1 to City Manager Employment Agreement
PRESENTED BY: Richard Adams, City Attorney
RECOMMENDATION: Approve Amendment #1 to City Manager’s Employment
Agreement
2030 VISION STATEMENT
This staff report supports all adopted goals and all adopted Core Values of the City
Council’s 2030 Vision.
BACKGROUND:
In the later part of 2014 the City Council commenced a City Manager recruitment
process with the assistance of Avery Associates. The position was advertised and the
original brochure provided that the compensation package included a cafeteria plan that
was based on 18.1% of the employee’s salary. Subsequent to the brochure being
circulated, the City Council, on the advice of a consultant, changed the health benefits
from 18.1% cafeteria to health insurance for the employee and a flat $6,000 cafeteria
plan. To mitigate the impact of this change on the employee’s the City folded any
amount the employee was receiving in the cafeteria plan that was in excess of $6,000
into his/her base compensation. Mr. Duffey was hired as City Manager as that
compensation plan was being implemented. The Employment agreement with Mr.
Duffey provided for a $6,000 cafeteria plan, however Mr. Duffey was provided, during
the first year of his term, with full family coverage.
DISCUSSION:
The Employment agreement with Mr. Duffey did not provide that 18.1% of his base
salary would be folded into his base salary as was done for the other employees of the
City. Therefore the City Council has no contractual obligation to do so. However, the
City Council has found that since the position was advertised as including an 18.1%
cafeteria plan and since the advertisement may have induced Mr. Duffey to apply for the
position, the Council felt it was appropriate to at least fold into Mr. Duffey's base salary
the 18% that he requested.
FISCAL IMPACT:
The 2015/16 and 2016/17 budget included funds for the 18.1% cafeteria plan, therefore
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there will be no fiscal impact to this year’s budget with this action. The approved
amendment will adjust the base salary to $206,400.
ATTACHMENTS:
Amendment #1 to City Manager's Employment Agreement (DOCX)
city_manager_contract (PDF)
APPROVALS:
Richard Adams Completed 08/16/2016 4:03 PM
City Attorney Completed 08/16/2016 4:04 PM
Finance Completed 08/16/2016 7:05 PM
City Manager Completed 08/17/2016 6:35 PM
City Council Pending 08/23/2016 6:00 PM
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- 1 -
FIRST AMENDMENT TO
CITY MANAGER EMPLOYMENT
AGREEMENT
between the
City of Grand Terrace
and
G. Harold Duffey, City Manager
1. PARTIES AND DATE
This Amendment (“Amendment”) to the City Manager Employment
Agreement (“Agreement”) is entered into as of August 23, 2016 by and
between the City of Grand Terrace, California, a municipal corporation (the
“City”), and G. Harold Duffey, an individual (the “City Manager”). The City
and the City Manager are sometimes individually referred to as a “Party”
and collectively as “Parties.”
A. The City requires the services of a City Manager.
B. The City Manager has the necessary education, experience, skills
and expertise to serve as the City’s City Manager; and
C. The City Council of the City (the “City Council”) employed the City
Manager to serve as City Manager commencing on June 1, 2015 at
a base salary of $180,000; and
D. The Agreement was for an initial term of three years terminating,
unless extended, on May 31, 2018;
E. The Parties desire to execute this Amendment pursuant to the
authority of and subject to the provisions of Government Code
Section 53260 et seq.; and
F. In consideration of these Recitals and the performance by the
Parties of the promises, covenants, and conditions herein contained,
the Parties agree as provided in this Agreement.
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2. COMPENSATION
Sub-subsection “1” ”a” (Base Salary) of Subsection “A” (Compensation &
Required Employer Costs) of Section “4” (Compensation) is hereby
amended to read as follows:
The annual salary for the position of City Manager shall be $206,400,
commencing June 1, 2016. (City Manager shall receive a retroactive
check for the amount of salary increase earned from June 1, 2016 to
present) An annual salary increase for cost of living and an increase
based on merit will be considered by the City Council if the City’s
financial position makes such an increase feasible.
3. REMAINING PROVISIONS OF AGREEMENT.
All other terms, conditions, and provisions of the Agreement, to the extent
not modified with this Amendment, shall remain in full force and effect.
4. Execution
IN WITNESS WHEREOF the Parties have executed this Agreement as of
the day and year first above written.
“City”
CITY OF GRAND TERRACE
A Municipal Corporation
By:
Darcy McNaboe, Mayor
ATTEST:
By:
Pat Jacquez-Nares, City Clerk
APPROVED AS TO FORM:
By:
Richard L. Adams II, City Attorney
“City Manager”
G. Harold Duffey, City Manager
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CITY MANAGER EMPLOYMENT
AGREEMENT
between the
CITY OF GRAND TERRACE
and
G. Harold Duffey
dated
May 26, 2015
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Page i
TABLE OF CONTENTS
1. PARTIES AND DATE ......................................................................................................... 1
2. EMPLOYMENT ................................................................................................................... 1
3. COMMITMENTS AND UNDERSTANDINGS ...................................................................... 1
A. THE CITY MANAGER’S COMMITMENTS ............................................................... 1
(1) Duties & Authority ............................................................................. 1
(2) Hours of Work ................................................................................... 3
(3) Disability or inability to perform ......................................................... 4
B. CITY COMMITMENTS ......................................................................................... 4
C. CITY COUNCIL COMMITMENTS ........................................................................... 5
D. MUTUAL COMMITMENTS ................................................................................... 6
(1) Performance Evaluation ................................................................... 6
(2) ICMA Code of Ethics ........................................................................ 6
4. COMPENSATION ............................................................................................................... 7
A. COMPENSATION & REQUIRED EMPLOYER COSTS ............................................... 7
(1) Base Salary ...................................................................................... 7
(2) Required Employer Costs ................................................................. 7
B. BASIC BENEFITS .............................................................................................. 8
C. REIMBURSEMENT TO CITY REQUIRED ................................................................. 9
5. SEPARATION .................................................................................................................. 10
A. RESIGNATION/RETIREMENT ............................................................................ 10
B. TERMINATION & REMOVAL .............................................................................. 10
C. SEVERANCE PAY ........................................................................................... 11
D. INVOLUNTARY RESIGNATION ........................................................................... 11
E. SEPARATION FOR CAUSE ................................................................................ 12
F. PAYMENT FOR UNUSED LEAVE BALANCE ......................................................... 13
7. MISCELLANEOUS PROVISIONS .................................................................................... 13
A. TERM ............................................................................................................ 13
B. PROVISIONS THAT SURVIVE TERMINATION ........................................................ 13
C. AMENDMENTS ................................................................................................ 14
D. CONFLICT OF INTEREST .................................................................................. 14
E. INDEMNIFICATION ........................................................................................... 14
F. SEVERABILITY ................................................................................................ 16
G. LAWS AFFECTING TITLE .................................................................................. 16
H. JURISDICTION AND VENUE .............................................................................. 16
I. ENTIRE AGREEMENT ...................................................................................... 16
J. NOTICE ......................................................................................................... 16
8. EXECUTION ..................................................................................................................... 17
5.b
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- 1 -
CITY MANAGER EMPLOYMENT
AGREEMENT
between the
City of Grand Terrace
and
G. Harold Duffey
1. Parties and Date
This Agreement is entered into as of May __, 2015 by and between the City
of Grand Terrace, California, a municipal corporation (the “City”), and G.
Harold Duffey, an individual (the “Employee”). The City and the Employee
are sometimes individually referred to as a “Party” and collectively as
“Parties.”
A. The City requires the services of a City Manager.
B. The Employee has the necessary education, experience, skills and
expertise to serve as the City’s City Manager; and
C. The City Council of the City (the “City Council”) desires to employ the
Employee to serve as the City Manager of City.
D. The Parties desire to execute this Agreement pursuant to the
authority of and subject to the provisions of Government Code
Section 53260 et seq.
E. In consideration of these Recitals and the performance by the
Parties of the promises, covenants, and conditions herein contained,
the Parties agree as provided in this Agreement.
2. Employment
The City hereby employs the Employee as its City Manager, and the
Employee hereby accepts such employment.
3. Commitments and Understandings
A. The City Manager’s Commitments
(1) Duties & Authority
(a) The Employee shall be the chief executive officer of the
City and be responsible to the City Council for the
proper administration of all affairs of the City.
5.b
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(b) The Employee shall perform all of the duties of the City
Manager as set forth in Section 2.08 of the Grand
Terrace Municipal Code (the “Municipal Code”), the
California Government Code, and City policies and
procedures approved by the City Council, as may be
provided from time to time.
(c) The City Council may also designate the Employee as
the chief executive of other City-related legal entities.
Such other legal entities could include the Successor
Agency to the Redevelopment agency, financing
authorities, and joint powers authorities.
(d) The Employee shall administer and enforce policies
established by the City Council and promulgate rules
and regulations as necessary to implement City
Council policies.
(e) To accomplish this, the Employee shall have the power
and shall be required to:
(i) Attend all meetings of the City Council, unless
excused by the Mayor, and take part in the
discussion of all matters before the City Council.
The Employee shall receive notice of all regular
and special meetings of the City Council.
(ii) Review all agenda documents before preparing
the agenda for any regular or special meetings
of the City Council. The Employee may publicly
endorse or oppose any proposed agenda items
placed on the agenda by persons other than the
Employee or the Employee’s staff.
(iii) Direct the work of all elective and appointive City
officers and departments that are the concern
and responsibility of the City Council, except
those that are directly appointed by or report
directly to the City Council. The Employee may
undertake any study or investigation the
Employee believes is necessary or desirable
and shall make any study or investigation the
City Council directs. The Employee shall
endeavor to implement changes that the
Employee believes will result in greater
efficiency, economy, or improved public service
in the administration of City affairs.
5.b
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(iv) Recommend to the City Council from time to
time, adoption of such measures as the
Employee may deem necessary or expedient for
the health, safety, or welfare of the community
or for the improvement of administrative
services.
(v) Consolidate or combine offices, positions,
departments, or units under the City Manager’s
jurisdiction. The City Manager may be the head
of one or more City departments.
(vi) Conduct research in administrative practices in
order to bring about greater efficiency and
economy in City government, and develop and
recommend to the City Council long-range plans
to improve City operations and prepare for future
City growth and development.
(vii) Provide management training and develop
leadership qualities among department heads
and staff as necessary to build a City
management team that can plan for and meet
future challenges.
(viii) Exercise control of City government in
emergencies as authorized by the Municipal
Code and California law.
(2) Hours of Work
(a) The Employee is an exempt employee but is expected
to engage in those hours of work that are necessary to
fulfill the obligations of the City Manager’s position.
The Employee does not have set hours of work as the
City Manager is expected to be available at all times.
(b) It is recognized that the Employee must devote a great
deal of time to the business of the City outside of the
City’s customary office hours, and to that end the
Employee’s schedule of work each day and week shall
vary in accordance with the work required to be
performed. The Employee shall spend sufficient hours
on site to perform the City Manager’s duties; however,
the Employee has discretion over his work schedule
and work location.
5.b
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(c) Employee shall not spend more than 12 hours per
month in teaching, consulting, speaking, or other non-
City connected business for which compensation is
paid without the express prior consent of the City
Council.
(3) Disability or inability to perform
(a) In the event Employee becomes mentally or physically
incapable of performing the City Manager’s functions
and duties with reasonable accommodation and it
reasonably appears such incapacity will last for more
than six months, the City Council may terminate
Employee. If the City Council does elect to terminate
Employee due to incapacity, Employee shall receive all
severance benefits provided in Section 7.C below.
B. City Commitments
(1) The City shall provide Employee with the
compensation, incentives and benefits, specified
elsewhere in this Agreement.
(2) The City shall provide Employee with a private office,
staff, office equipment, supplies, and all other facilities
and services adequate for the performance of the City
Manager’s duties, to the extent that it is financially
feasible.
(3) The City shall pay for or provide Employee
reimbursement for all actual business expenses.
(4) Subject to prior City Council approval in the budget, the
City may pay the professional dues and subscriptions
on behalf of Employee which are necessary for
Employee’s continuation and full participation in
national, regional, state, or local associations and
organizations necessary and desirable for the good of
the City, and for Employee’s continued professional
participation and advancement.
(5) Subject to prior City Council approval in the budget, the
City may pay the travel and subsistence expenses of
Employee to pursue official and other functions for the
City, and meetings and occasions to continue the
professional development of Employee, including, but
not limited to, national, regional, state, and local
conferences, and governmental groups and
5.b
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committees upon which Employee serves as a
member.
(6) Subject to prior City Council approval in the budget, the
City may pay for the travel and subsistence expenses
of Employee for short courses, institutes and seminars
that are necessary for the good of the City or for the
professional development of the Employee.
(7) The City recognizes the desirability of representation in
and before local civic and other organizations, and
Employee is authorized to become a member of civic
clubs or organizations, subject to prior City Council
approval in the budget, the City may pay membership
dues.
(8) Given the importance of technological tools to the
effective and efficient business of City government, the
City shall provide computer, laptop computer (purchase
price not to exceed $1,300.00), high-speed internet
access, electronic calendar, fax, copy machine and
similar devices to Employee at the City’s expense.
C. City Council Commitments
(1) The City Council sets policy for the governance and
administration of the City, and it implements its policies
through the City Manager.
(2) The City Council recognizes that to meet the
challenges facing the City they must exercise decisive
policy leadership. As one step in carrying out this
leadership responsibility, the City Council commits to
spending time each year outside of regular City Council
meetings to work with Employee and staff on setting
goals and priorities for the City government, and to
work on issues that may be inhibiting the maximal
achievement of City goals.
(3) Except for the purpose of inquiry, the City Council and
its members shall deal with all subordinate City
employees, officers, contractors, and consultants solely
through the City Manager or the City Manager’s
designee, and neither the City Council nor any member
thereof shall give orders to any subordinate of the City
Manager, either publicly or privately.
5.b
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(4) The City Council agrees none of its individual members
will order the appointment or removal of any person to
any office or employment under the supervision and
control of the City Manager.
(5) The City Council agrees that any criticism of a City staff
member shall be done privately through the City
Manager.
D. Mutual Commitments
(1) Performance Evaluation
(a) Annual performance evaluations are an important way
for the City Council and Employee to ensure effective
communications about expectations and performance.
(b) The City Council recognizes that for Employee to
respond to its needs and to grow in the performance of
the City Manager’s job, Employee needs to know how
the City Council Members evaluate Employee’s
performance.
(c) To assure that Employee gets this feedback, the City
Council shall conduct an evaluation of the Employee’s
performance at least once each year on or about the
Employee’s anniversary date of employment. In the
first year of Employee’s employment with City, the
Employee may initiate a sixth month informal
performance update.
(2) ICMA Code of Ethics
(a) The Parties acknowledge that Employee shall maintain
membership in the International City Management
Association (“ICMA”). The Parties mutually desire that
Employee be subject to and comply with the ICMA
Code of Ethics.
(b) Employee commits to comply with the ICMA Code of
Ethics.
(c) The City and the City Council agree that neither the
City Council nor any of its members will give Employee
any order, direction, or request that would require
Employee to violate the ICMA Code of Ethics.
5.b
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4. COMPENSATION
The City agrees to provide the following compensation to the Employee
during the term of the agreement:
A. Compensation & Required Employer Costs
(1) Base Salary
(a) The annual salary for the position of City Manager
shall initially be $180,000. An annual salary increase
for cost of living and an increase based on merit will
be considered by the City Council if the City’s financial
position makes such an increase feasible.
(b) The City Manager shall be paid at the same intervals
and in the same manner as regular City employees.
(c) The City shall not at any time during the term of this
Agreement reduce the base salary, compensation or
other financial benefits of the City Manager, unless as
part of a general City management salary reduction,
and then in no greater percentage than the average
reduction of all City department heads.
(2) Required Employer Costs
(a) Federal Insurance Contributions Act (FICA) (if
applicable).
(i) Old Age Survivor and Disability Income
(OASDI).
(ii) Medicare.
(b) Unemployment Compensation.
(c) California Public Employees Retirement System
(CalPERS).
The City contracts with the California Public
Employees’ Retirement System for retirement benefits.
The City will pay the Employer’s (as determined by Cal
PERS) share for participation in the CalPERS System.
The Employee will pay in full, the Employee’s share of
8% of salary. If Employee is a “Classic” member, as
determined by CalPERS, Employee will be enrolled in
the 2% @ 60 retirement formula. If employee is a
5.b
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“PEPRA” member, as determined by CalPERS,
Employee will be enrolled in the 2% @ 62 retirement
formula
(d) The cost of any fidelity or other bonds required by law
for the City Manager.
(e) The cost to defend and indemnify Employee as
provided in Section 8.E below.
(f) Workers Compensation.
B. Basic Benefits
(a) Health Benefits:
1. Employer Paid Medical: For the first year of
employment, City shall provide full family
coverage in an amount equal to the CalPers
Blue Shield Net Value Plan, full family coverage
for dental and full family coverage for vision;
2. Commencing on the first anniversary of
employment the aforementioned plan will be
replaced with a cafeteria plan that provides
CalPers Blue Shield Net Value Plan for the
employee only, plus $6,000.
(b) Pensions:
1. Public Employees Retirement System (PERS)
(c) Vehicle Allowance $300.00 per month;
(d) Cell Phone Allowance $100.00 per month;
(e) Relocation Allowance $3,500.00 One time
payment for relocation
expenses
(f) Leave Allowance
1. Employee is entitled to the standard paid
holidays per calendar year, as set by the
City Council.
2. The City provides several leave benefits to
its employees, including sick, vacation,
5.b
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and bereavement leave. The Employee
shall receive sick leave and vacation time
as set forth herein.
3. The Employee shall then begin accruing
sick leave a rate of 3.69 hours per pay-
period beginning with the next full pay
period, and for each subsequent pay
period thereafter, following
commencement of employment under this
agreement. Sick leave accruals are
capped at 480 hours. After five (5) years
of employment, upon separation from
employment, other than termination for
cause, Employee shall be compensated
for 40% of all unused sick leave.
4. The Employee shall be entitled to the
same vacation leave as provided to other
management employees, which is
currently 80 hours for the first five years of
employment; 120 hours for the second five
years of employment; and 160 hours from
the eleventh year of employment until
termination of employment Vacation is
accrued in the same manner as other
management employees. Vacation
accruals are capped at 480 hours.
5. The Employee shall be entitled to a pro-
rated Management Leave based on 80
hours per year on hire date and 80 hours
annually thereafter on January 1st of each
year. Management Leave must be used
by the end of the calendar year in which it
is given. Any hours from the prior year
remaining on the books on January 1 will
be forfeited.
C. Reimbursement to City Required
Notwithstanding the foregoing, the following provisions requiring
reimbursement for certain compensation and/or indemnification
provided to Employee by the City apply:
1. Paid Leave: Pursuant to Government Code section 53243, in
the event that Employee is convicted of a crime involving the
5.b
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abuse of his office or position, as defined by Government
Code section 53243.4, with the City, any paid leave salary
provided by the City for the time period in which the Employee
is under investigation for such crimes shall be fully reimbursed
by Employee to the City.
2. Legal Defense: Pursuant to Government Code section
53243.1, in the event that Employee is convicted of a crime
involving abuse of his office or position, as defined by
Government Code section 53243.4, Employee shall fully
reimburse the City for all the costs of her legal criminal
defense.
3. Severance: Pursuant to Government Code section 53243.2, in
the event that Employee is convicted of a crime involving
abuse of her office or position, as defined by Government
Code Section 53243.4, Employee shall fully reimburse the
City for any case settlement, including but not limited to
severance pay, paid to Employee related to her termination
under this Agreement.
5. SEPARATION
A. Resignation/Retirement
The Employee may resign at any time and agrees to give the City at
least 45 days advance written notice of the effective date of the
Employee’s resignation, unless the Parties otherwise agree in
writing. If the Employee retires from full time public service with the
City, the Employee may provide six months’ advance notice. The
Employee’s actual retirement date will be mutually established.
B. Termination & Removal
(1) Employee is an at-will employee serving at the
pleasure of the City Council as provided in Government
Code Section 36506.
(2) The City Council may remove the Employee at any
time, with or without cause, by a majority vote of its
members. Notice of termination shall be provided to the
Employee in writing. Termination as used in this shall
also include request that the Employee resign, a
reduction in salary or other financial benefits of
Employee (including a general City Management salary
reduction), a material reduction in the powers and
5.b
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authority of the City Manager, or the elimination of the
City Manager’s position. Any such notice of
termination or act constituting termination shall be
given at or effectuated at a duly noticed regular
meeting of the City Council.
(3) Given the at-will nature of the position of City Manager,
an important element of the employment agreement
pertains to termination. It is in both the City’s interest
and that of the Employee that any separation of the
Employee is done in a businesslike manner.
C. Severance Pay
(1) In the event the Employee is terminated by the City
Council during such time that the Employee is willing
and able to perform the City Manager’s duties under
this Agreement, then in that event the City agrees to
pay the Employee a lump sum cash payment equal six
months’ base salary then in effect as provided in 4.A(1)
above.
(2) In addition, the City shall extend to the Employee the
right to continue health insurance as may be required
by and pursuant to the terms and conditions of the
Consolidated Omnibus Budget Reconciliation Act 0f
1986 (COBRA). The City agrees to pay the
Employee’s COBRA coverage for one month.
(3) All payments required under Sections 5.C(1), and (2),
are subject to and shall be interpreted to comply with
the limitations set forth in Government Code Section
53260.
D. Involuntary Resignation
(1) In the event that the City Council formally or a majority
of the City Council informally asks the Employee to
resign, then the Employee shall be entitled to resign
and still receive the severance benefits provided in
Section 5.C above.
(2) The Employee has relied upon the provisions of the
Municipal Code upon entering into this Agreement, as it
pertains to the City Manger's role, powers, duties,
authority, responsibilities, compensation and benefits.
In the event the City Council adds, deletes or amends
the Municipal Code without the consent of the
5.b
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Employee, and such addition, deletion or amendment
is inconsistent with the terms of this Agreement and the
City Manager's role, powers, duties, authority,
responsibilities, compensation and benefits as currently
provided, then the Employee shall have the right, at the
Employee’s sole option, to give the City Council notice
that such amendment(s) constitute a request by the
City Council for the Employee's involuntary resignation.
(3) Upon receipt of such notice the City Council shall have
thirty days in which to do one of the following: (a)
rescind the amendment(s); (b) renegotiate this
Agreement to the Employee’s satisfaction; (c) confirm
that the Employee is being asked to involuntarily
resign; or (d) take no action. In the event that either (c)
or (d) occurs, or the City is unable to accomplish (b),
then Employee shall be entitled to resign and still
receive the severance benefits provided in Section 7.C
above.
E. Separation for Cause
(1) Notwithstanding the provisions of Section 5.C, the
Employee may be terminated for cause. As used in
this section, "cause" shall mean only one or more the
following:
(a) Conviction of a felony;
(b) Continued abuse of non-prescription drugs
or alcohol that materially affects the
performance of the Employee’s duties; or
(c) Repeated and protracted unexcused
absences from the City Manager's office
and duties.
(2) In the event the City terminates the Employee for
cause, then the City may terminate this Agreement
immediately, and the Employee shall be entitled to only
the compensation accrued up to the date of
termination, payments required by Section 6.F below,
and such other termination benefits and payments as
may be required by law. The Employee shall not be
entitled to any severance benefits provided by Section
5.C.
5.b
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(3) In the event the City terminates the Employee for
cause, the City and the Employee agree that neither
Party shall make any written or oral statements to
members of the public or the press concerning the
Employee’s termination except in the form of a joint
press release which is mutually agreeable to both
Parties. The joint press release shall not contain any
text or information that would be disparaging to either
Party. Provided, however, that either Party may
verbally repeat the substance of any such press
release in response to inquiries by members of the
press or public.
F. Payment for Unused Leave Balance
(1) On separation from City employment, the Employee
shall be paid for all unused accrued leave allowances
provided in Section 4.B(f) above, and/or the Employee
may apply the leave time to service credit for retirement
purposes if permitted by PERS. Accumulated leave
balances shall be paid at the Employee’s monthly
salary rate at the effective date of separation.
(2) In the event the Employee dies while employed by the
City under this Agreement, the Employee’s
beneficiaries or those entitled to the Employee’s estate,
shall be entitled to the Employee’s earned salary, and
any in-lieu payments for accrued benefits, including
compensation for the value of all accrued leave
balances.
6. MISCELLANEOUS PROVISIONS
A. Term
The Initial Term shall be for a period of three years commencing on
June 1, 2015, and continuing until May 31, 2018, (“Termination
Date”).
B. Provisions that Survive Termination
Many sections of this Agreement are intended by their terms to
survive the Employee’s termination of employment with the City,
including but limited to Sections 5 and 6.E. These sections, and the
others so intended, shall survive termination of employment and
termination of this Agreement.
5.b
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C. Amendments
This Agreement may be amended at any time by mutual agreement
of the City and the Employee. Any amendments are to be
negotiated, put in writing, and adopted by the City Council.
D. Conflict of Interest
(1) The Employee shall not engage in any business or
transaction or shall have a financial or other personal
interest or association, direct or indirect, which is in
conflict with the proper discharge of official duties or
would tend to impair independence of judgment or
action in the performance of official duties. Personal as
distinguished from financial interest includes an interest
arising from blood or marriage relationships or close
business, personal, or political associations. This
section shall not serve to prohibit independent acts or
other forms of enterprise during those hours not
covered by active City employment, providing such
acts do not constitute a conflict of interest as defined
herein.
(2) The Employee shall also be subject to the conflict of
interest provisions of the California Government Code
and any conflict of interest code applicable to the
Employee’s City employment.
(3) The Employee is responsible for submitting to the City
Clerk the appropriate Conflict of Interest Statements at
the time of appointment, annually thereafter, and at the
time of separation from the position.
E. Indemnification
(1) To the full extent of the law as provided by the
California Torts Claims Act (Government Code Section
810 et seq.) and the indemnity provisions of this
Agreement, whichever shall provide the greatest
protection to the City Manager, the City and the
Successor Agency to the Grand Terrace
Redevelopment Agency, jointly and severally, shall
defend and indemnify the Employee against and for all
losses sustained by the Employee in direct
consequences of the discharge of the City Manager’s
duties on the City’s behalf for the period of the
Employee’s employment.
5.b
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(2) The City shall defend, save harmless and indemnify the
Employee against any tort, professional liability claim or
demand or other legal action, whether groundless or
otherwise, arising out of an alleged act or omission
occurring in the performance of the Employee’s duties
as City Manager. The City may compromise and settle
any such claim or suit and pay the amount of any
settlement or judgment rendered thereon.
(3) Whenever the Employee shall be sued for damages
arising out of the performance of the Employee’s
duties, the City shall provide defense counsel for the
Employee in such suit and indemnify the Employee
from any judgment rendered against the Employee;
provided that such indemnity shall not extend to any
judgment for damages arising out of any willful
wrongdoing. This indemnification shall extend beyond
termination of employment and the otherwise expiration
of this Agreement to provide protection for any such
acts undertaken or committed in the Employee’s
capacity as City Manager, regardless of whether the
notice of filing of a lawsuit occurs during or following
employment with the City. This indemnity provision
shall survive the termination of the Agreement and is in
addition to any other rights or remedies that the
Employee may have under the law.
(4) The City and all parties claiming under or through it,
hereby waives all rights of subrogation and contribution
against the Employee, while acting within the scope of
the Employee’s duties, from all claims, losses and
liabilities arising out of or incident to activities or
operations performed by or on behalf of the City or any
party affiliated with or otherwise claiming under or
through it, regardless of any prior, concurrent, or
subsequent active or passive negligence by the
Employee.
(5) In the event that Employee shall serve as the chief
executive of other City-related legal entities as provided
in Section 3.A(1)(c) above, then each provision of this
Section 8.E shall be equally applicable to each City-
related legal entity as though set forth in an indemnity
agreement between Employee and that legal entity.
The City hereby guarantees the performance of this
indemnity obligation by the City-related legal entity, and
shall indemnify and hold the Employee harmless
5.b
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against any failure or refusal by City-related legal entity
to perform its obligations under this Section 8.E.
F. Severability
If any clause, sentence, part, section, or portion of this Agreement is
found by a court of competent jurisdiction to be illegal or
unenforceable, such clause, sentence, part, section, or portion so
found shall be regarded as though it were not part of this Agreement
and the remaining parts of this Agreement shall be fully binding and
enforceable by the Parties hereto.
G. Laws Affecting Title
In addition to those laws affecting a City Manager, the Employee
shall have the same powers, rights and responsibilities as a Chief
Executive Officer, City Administrative Officer, Administrator, and/or
City Administrator as those terms are used in local, state or federal
laws.
H. Jurisdiction and Venue
This Contract shall be construed in accordance with the laws of the
State of California, and the Parties agree that venue shall be in Los
Angeles County, California.
I. Entire Agreement
This Contract represents the entire agreement of the Parties, and no
representations have been made or relied upon except as set forth
herein. This Contract may be amended or modified only by a written,
fully executed agreement of the Parties.
J. Notice
Any notice, amendments, or additions to this Agreement, including
change of address of either party during the term of this Agreement,
which the Employee or the City shall be required, or may desire, to
make shall be in writing and shall be sent by prepaid first class mail
or hand-delivered to the respective Parties as follows:
(1) If to the City:
Grand Terrace City Hall
22795 Barton Rd.
Grand Terrace, CA 902313
5.b
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(2) If to the Employee:
G. Harold Duffey
1011 Eileen Way
Sacramento, CA 95831
7. Execution
IN WITNESS WHEREOF the Parties have executed this Agreement as of
the day and year first above written.
“City”
CITY OF GRAND TERRACE
A Municipal Corporation
By:
Darcy McNaboe, Mayor
ATTEST:
By:
Pat Jacquez-Nares, City Clerk
APPROVED AS TO FORM:
By:
Richard L. Adams II, City Attorney
“Employee”
G. Harold Duffey
5.b
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