Loading...
03/10/2020CITY OF GRAND TERRACE CITY COUNCIL AGENDA ● MARCH 10, 2020 Council Chambers Regular Meeting 6:00 PM Grand Terrace Civic Center ● 22795 Barton Road City of Grand Terrace Page 1 COMMENTS FROM THE PUBLIC The public is encouraged to address the City Council on any matter posted on the agenda or on any other matter within its jurisdiction. If you wish to address the City Council, you are invited to 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 and each person is allowed three (3) minutes speaking time. Pursuant to the provisions of the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The City Council may direct staff to investigate and/or schedule certain matters for consideration at a future City Council meeting. PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 1st Floor Lobby Area and 2nd Floor Reception Area during regular business hours and on the City’s website www.grandterrace-ca.gov. For further information regarding agenda items, please contact the office of the City Clerk at (909) 824-6621 x230, or via e-mail at dthomas@grandterrace-ca.gov. 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. AMERICANS WITH DISABILITIES ACT In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office, (909) 824-6621 x230 at least 48 hours prior to the advertised starting time of the meeting. This will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Later requests will be accommodated to the extent feasible. CALL TO ORDER Convene City Council Invocation Pledge of Allegiance Roll Call Attendee Name Present Absent Late Arrived Mayor Darcy McNaboe    Mayor Pro Tem Doug Wilson    Council Member Sylvia Robles    Council Member Bill Hussey    Council Member Jeff Allen    Agenda Grand Terrace City Council March 10, 2020 City of Grand Terrace Page 2 A. SPECIAL PRESENTATIONS - NONE B. REORDERING OF, ADDITIONS TO, OR REMOVAL OF ITEMS FROM THE AGENDA C. 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. 1. Waive Full Reading of Ordinances on Agenda DEPARTMENT: CITY CLERK 2. Approval of Minutes – Regular Meeting – 02/25/2020 DEPARTMENT: CITY CLERK 3. Attachments to Minutes of the Regular Meeting of 02/25/2020 DEPARTMENT: CITY CLERK 4. February 3, 2020 Historical & Cultural Activities Committee Minutes and January 23, 2020 Parks & Recreation Advisory Committee Meeting Minutes RECOMMENDATION: Receive and file. DEPARTMENT: CITY CLERK 5. 2020 Community Day Business License Fees Waiver RECOMMENDATION: Waive City of Grand Terrace Business License Fees for Vendors Participating in the 2020 Community Day 2020 Craft Fair Event to be held on Saturday, June 6, 2020. DEPARTMENT: FINANCE D. 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. Agenda Grand Terrace City Council March 10, 2020 City of Grand Terrace Page 3 E. CITY COUNCIL COMMUNICATIONS Council Member Jeff Allen Council Member Bill Hussey Council Member Sylvia Robles Mayor Pro Tem Doug Wilson Mayor Darcy McNaboe F. PUBLIC HEARINGS - NONE G. UNFINISHED BUSINESS - NONE H. NEW BUSINESS 6. Acceptance of Work from TSR Construction and Issue a Notice of Completion for Signal Modification at Preston and Barton RECOMMENDATION: 1. Approve and Accept Work completed by TSR Construction for the Modification of the Signal at the Intersection of Preston Street and Barton Road; and 2. Direct Staff to file a Notice of Completion. DEPARTMENT: PUBLIC WORKS 7. Professional Services Agreement Between the City of Grand Terrace and Benson Productions for Videographer Services RECOMMENDATION: 1. Approve a Professional Services Agreement with Benson Productions for Videographer Services for a term of 5 years at a maximum cost of $80,000; and 2. Authorize the Mayor to execute the Agreement subject to City Attorney approval as to form. DEPARTMENT: CITY MANAGER 8. Approval of a Settlement Agreement & Release of All Claims Between the City, CSG EV, LLC and Margaret Miller, and Approval of an Amendments to Access Easements Involving City Hall and 22797 Barton Road RECOMMENDATION: 1. Approve “Settlement Agreement & Release of all Claims Entered Into Between the Agenda Grand Terrace City Council March 10, 2020 City of Grand Terrace Page 4 City of Grand Terrace, CSG EV, LLC, and Margaret Miller,” subject to City Attorney approval as to form; and 2. Approve amendments to access easements involving City Hall and 22797 Barton Road, Grand Terrace, CA 92313 to address concerns regarding maintenance, parking, notice requirements and indemnification, subject to City Attorney approval as to form; and 3. Authorize the Mayor to execute all documents, subject to City Attorney approval as to form. DEPARTMENT: CITY MANAGER & PUBLIC WORKS 9. Approval of Professional Services Agreement for Business License Auditing and Administration Services RECOMMENDATION: 1. Approve a Professional Services Agreement with HdL Companies (HdL) for Business License Auditing and Administration Services for a term of 5 years and a maximum cost of $75,000; and 2. Authorize the Mayor to execute the Agreement subject to City Attorney approval as to form. DEPARTMENT: FINANCE 10. Award Construction for Mt. Vernon Safety Improvement to TSR Construction and Inspection in the Amount of $268,350 RECOMMENDATION: 1. Approve Agreement with TSR Construction and Inspection for construction of the Mt. Vernon Safety Improvement Project, subject to State approval of “Public Interest Finding”; and 2. Authorize the Mayor to Execute the Agreement, subject to City Attorney approval as to form. DEPARTMENT: PUBLIC WORKS 11. Council "Top Priorities" 2019-20 Fiscal Year Review and Update Log RECOMMENDATION: Provide Staff With Direction and or Receive and File Report DEPARTMENT: CITY MANAGER I. REQUESTS FOR FUTURE AGENDA ITEMS BY CITY COUNCIL - NONE J. CITY MANAGER COMMUNICATIONS Agenda Grand Terrace City Council March 10, 2020 City of Grand Terrace Page 5 K. RECESS TO CLOSED SESSION CLOSED SESSION 1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS, pursuant to Government Code Section 54956.8 Property: 22582 City Center Court (APN: 0277-161-30) City negotiator: G. Harold Duffey, City Manager Negotiating parties: San Bernardino County Fire Department Under negotiation: Price and terms of payment RECONVENE TO OPEN SESSION REPORT OUT OF CLOSED SESSION L. ADJOURN The Next Regular City Council Meeting will be held on Tuesday, March 24, 2020 at 6:00 PM. Any request to have an item placed on a future agenda must be made in writing and submitted to the City Clerk’s office and the request will be processed in accordance with Council Procedures. CITY OF GRAND TERRACE CITY COUNCIL MINUTES ● FEBRUARY 25, 2020 Council Chambers Regular Meeting 6:00 PM Grand Terrace Civic Center ● 22795 Barton Road City of Grand Terrace Page 1 CALL TO ORDER Mayor Darcy McNaboe convened the Regular Meeting of the City Council for Tuesday, February 25, 2020 at 6:00 p.m. Invocation The Invocation was given by pastor Patrick Bower of The Brook Church. Pledge of Allegiance The Pledge of Allegiance was led by Lieutenant Doug Wolfe of the San Bernardino County Sheriff’s Department. Attendee Name Title Status Arrived Darcy McNaboe Mayor Present Doug Wilson Mayor Pro Tem Present Sylvia Robles Council Member Present Bill Hussey Council Member Present Jeff Allen Council Member Present G. Harold Duffey City Manager Present Adrian Guerra City Attorney Present Debra Thomas City Clerk Present Alan French Public Works Director Present Steven Weiss Planning & Development Services Director Present Cynthia A. Fortune Assistant City Manager Present A. SPECIAL PRESENTATIONS Presentation of Certificate of Recognition to Lieutenant Doug Wolfe of the San Bernardino County Sheriff's Department Members of City Council thanked Lieutenant Doug Wolfe for his service to the City of Grand Terrace. RECESS THE CITY COUNCIL MEETING Mayor Darcy McNaboe recessed the Regular Meeting of the City Council at 6:17 p.m. C.2 Packet Pg. 6 Mi n u t e s A c c e p t a n c e : M i n u t e s o f F e b 2 5 , 2 0 2 0 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council February 25, 2020 City of Grand Terrace Page 2 RECONVENE THE CITY COUNCIL MEETING The Mayor reconvened the Regular Meeting of the City Council at 6:26 p.m. B. REORDERING OF, ADDITIONS TO, OR REMOVAL OF ITEMS FROM THE AGENDA None. C. CONSENT CALENDAR RESULT: APPROVED [UNANIMOUS] MOVER: Sylvia Robles, Council Member SECONDER: Jeff Allen, Council Member AYES: McNaboe, Wilson, Robles, Hussey, Allen 1. Waive Full Reading of Ordinances on Agenda DEPARTMENT: CITY CLERK 2. Approval of Minutes – Regular Meeting – 02/11/2020 3. Attachments to Regular Meeting Minutes for February 11, 2020 4. City Department Monthly Activity Report - January 2020 RECEIVE AND FILE. 5. Approval of Resolution 2020-XX Rescinding a Prior City Council Policy Prohibiting Merit Increases to Eligible Employees ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, RESCINDING A PRIOR CITY COUNCIL POLICY PROHIBITING MERIT INCREASES FOR ELIGIBLE EMPLOYEES 6. Quarterly Business License Report Ending December 31, 2019 RECEIVE AND FILE THE QUARTERLY BUSINESS LICENSE REPORT ENDING DECEMBER 31, 2019. 7. Monthly Financial Report for December-2019 RECEIVE AND FILE THE DECEMBER-2019 MONTHLY FINANCIAL REPORT. D. PUBLIC COMMENT C.2 Packet Pg. 7 Mi n u t e s A c c e p t a n c e : M i n u t e s o f F e b 2 5 , 2 0 2 0 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council February 25, 2020 City of Grand Terrace Page 3 Jeremy Rivera, Grand Terrace expressed his concerns regarding the City’s streets which he states is in disrepair. He also wants to be able to place items on the City Council agenda and would like to know what is that process. Shari Fleishman, Family Services Association introduced herself to City Council, staff and the Grand Terrace residents as the new interim Coordinator for the Grand Terrace Senior Center and briefly stated her role in the interim position. Bobbie Forbes, Grand Terrace thanked Lieutenant Wolfe for his time serving the City of Grand Terrace. She also shared her experience driving the new round about and witnessing others navigate the area. She is glad the project is done and looks forward to how it will develop and benefit the community. E. CITY COUNCIL COMMUNICATIONS Council Member Jeff Allen Council Member Jeff Allen attended the following: • February 15, 2020 - Car Show Across the Street From Woody Bar & Grill • February 19, 2020 – Colton Joint Unified School District Community Cabinet Meeting where new Superintendent Dr. Frank Miranda was introduced. • February 20, 2020 – Grand Opening of Grocery Outlet Council Member Allen also requested a Letter of Support from the City Council for Assembly Bill 2121 – Traffic Safety. He also brought to the attention of the City Council, Senate Bill 1383, the Organic Waste Reduction Act which requires the reduction of organic waste in the State’s landfills. He would request the City Council’s support to help educate residents on how to comply with this new requirement. Council Member Bill Hussey Council Member Bill Hussey – Nothing to Report. Council Member Sylvia Robles Council Member Sylvia Robles attended the following: February 20, 2020 – Grand Opening of Grocery Outlet Council Member Robles expressed her condolences to the family of Grand Terrace Resident, Edna Best. Mayor Pro Tem Doug Wilson Mayor Pro Tem Doug Wilson attended the following: C.2 Packet Pg. 8 Mi n u t e s A c c e p t a n c e : M i n u t e s o f F e b 2 5 , 2 0 2 0 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council February 25, 2020 City of Grand Terrace Page 4 February 20, 2020 – Grand Opening of Grocer Outlet Mayor Pro Tem Wilson believes Assembly Bill 2121 is a good first step to help the City control its roadways. Mayor Darcy McNaboe Mayor Darcy McNaboe saved her report for the next City Council meeting to be held on March 10, 2020. F. PUBLIC HEARINGS 8. Prioritization of Funding Recommendations for Community Development Block Grant (CDBG) Funds for Program Year 2020-2021 Todd Nakasaki, Management Analyst gave the Power Point presentation for this item. 1) CONDUCT A PUBLIC HEARING FOR THE PRIORITIZATION OF ELIGIBLE APPLICATIONS FOR 2020-2021 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING; AND, 2) PRIORITIZE FUNDING ALLOCATIONS AND AUTHORIZE STAFF TO SUBMIT THE CITY'S CDBG FUNDING RECOMMENDATION TO THE COUNTY OF SAN BERNARDINO ECONOMIC DEVELOPMENT AGENCY. RESULT: APPROVED [UNANIMOUS] MOVER: Sylvia Robles, Council Member SECONDER: Jeff Allen, Council Member AYES: McNaboe, Wilson, Robles, Hussey, Allen G. UNFINISHED BUSINESS - NONE H. NEW BUSINESS 9. Award of $2,000 in Community Benefit Funds to the Sheriff's Central Station Explorer Post 508 Cynthia Fortune, Assistant City Manager gave the Power Point presentation for this item. APPROVE THE COMMUNITY BENEFIT FUND GRANT APPLICATION FROM THE SAN BERNARDINO COUNTY SHERIFF’S CENTRAL STATION EXPLORER POST 508 AND AWARD THE GRANT AMOUNT OF $2,000. C.2 Packet Pg. 9 Mi n u t e s A c c e p t a n c e : M i n u t e s o f F e b 2 5 , 2 0 2 0 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council February 25, 2020 City of Grand Terrace Page 5 RESULT: APPROVED [UNANIMOUS] MOVER: Doug Wilson, Mayor Pro Tem SECONDER: Bill Hussey, Council Member AYES: McNaboe, Wilson, Robles, Hussey, Allen 10. Historical and Cultural Activities Committee Appointment and Adopt a Resolution Returning the Regular Member Positions to Seven Debra Thomas, City Clerk gave the presentation for this item. APPOINT LYNN SMITH TO FILL THE UNEXPIRED REGULAR TERM CONTINUING TO JUNE 30, 2020 ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, STATE OF CALIFORNIA, RE-ESTABLISHING ORIGINAL POLICY THAT THE HISTORICAL AND CULTURAL ACTIVITIES COMMITTEE SHALL BE COMPRISED OF SEVEN MEMBERS RESULT: APPROVED [UNANIMOUS] MOVER: Jeff Allen, Council Member SECONDER: Sylvia Robles, Council Member AYES: McNaboe, Wilson, Robles, Hussey, Allen 11. Appointment of Planning Commission Member to Fill Planning Commission Vacancy Debra Thomas, City Clerk gave the presentation for this agenda item. City Clerk Thomas informed the City Council that an email message was received from Applicant, Jeremy Rivera, requesting that his application be removed. Also, Applicant Mr. Cranston Warren, Jr. failed to show for the interview. Mayor McNaboe informed the residents that the City Council will choose the order of interview for each applicant and then have the applicants escorted to the Community Room to wait while each individual interview proceeds. Mayor McNaboe, Mayor Pro Tem Wilson, Council Member Robles pulled names to set the order of interviews as follows: Brian Phelps, Aron Burian and David Alaniz. Mayor McNaboe directed Adrian Guerra, City Attorney to ask the following five questions to each Applicant as a group as follows: 1. Do you understand that the Planning Commission is not an independent governing body, but rather, a body that reports to, and is subject to the authority granted to it by the City Council? (For example, the Planning Commission is an advisory body to the City Council on matters of policy and a quasi-judicial body on certain land use decisions with appeal rights to the City Council). 2. Are you available to meet the Planning Commission required attendance the minimum two meetings per month? C.2 Packet Pg. 10 Mi n u t e s A c c e p t a n c e : M i n u t e s o f F e b 2 5 , 2 0 2 0 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council February 25, 2020 City of Grand Terrace Page 6 3. Are you willing to commit to the training requirements of the Planning Commission which includes regulated and state mandated training? 4. Are you able to commit to technical training that may require you to travel at least once a year? 5. Are you aware that as a member of the Planning Commission, your ability to make public comments may be limited because some land use items may be referred to the Planning Commission? Applicants Brian Phelps, Aron Burian and David Alaniz answered yes to each of the five questions above. The Mayor, Mayor Pro Tem and each Council Member selected a question to ask each applicant as follows: Council Member Questions Time Limit Mayor McNaboe Please provide an introductory statement about yourself. 1 Minute Council Member Hussey Please explain your interest in serving on the Planning Commission and how your background will benefit the Commission and the Community. 2 Minutes Council Member Allen Do you feel as a citizen of the community that you are able to provide objective recommendations on various land-use applications and other issues? What will you use as your guide in decision making? 2 Minutes Council Member Robles Please identify what you think are some of the key development issues facing Grand Terrace in the next 5 to 10 years. 2 Minutes Mayor Pro Tem Wilson What special abilities; professional, academic or life experience, make you feel that you qualify to serve on the Planning Commission. 2 Minutes Mayor McNaboe As a Planning Commissioner, what is your role in implementing the City’s 2030 Vision Plan 2 Minutes Mayor McNaboe Please provide any additional information. 1 Minute At this time, all applicants were escorted from the Council Chamber except for Brian Phelps who was interviewed first. The remaining applicants were interviewed in the following order: Aron Burian and David Alaniz. The applicants were all asked the questions listed above and allowed the assigned time to provide their answers. Mayor Pro Tem Wilson moved to appoint Brian Phelps. C.2 Packet Pg. 11 Mi n u t e s A c c e p t a n c e : M i n u t e s o f F e b 2 5 , 2 0 2 0 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council February 25, 2020 City of Grand Terrace Page 7 Council Member Robles moved to appoint David Alaniz. Mayor Darcy McNaboe seconded Council Member Robles’ motion to appoint David Alaniz. Council Member Hussey seconded Mayor Pro Tem Wilson’s motion to appoint Brian Phelps APPOINT DAVID ALANIZ TO THE PLANNING COMMISSION CONDUCT INTERVIEWS AND TAKE THE FOLLOWING ACTION: 1. APPOINT ONE (1) PERSON TO THE PLANNING COMMISSION TO FILL THE VACANCY LEFT BY THE FORMER CHAIRMAN WITH THE TERM EXPIRING ON JUNE 30, 2020. RESULT: APPROVED [3 TO 2] MOVER: Sylvia Robles, Council Member SECONDER: Darcy McNaboe, Mayor AYES: Darcy McNaboe, Sylvia Robles, Jeff Allen NAYS: Doug Wilson, Bill Hussey I. REQUESTS FOR FUTURE AGENDA ITEMS BY CITY COUNCIL - NONE J. CITY MANAGER COMMUNICATIONS G. Harold Duffey, City Manager announced the following events State of the City Address by mayor Darcy McNaboe to be held Thursday, February 27, 2020 at 6:00 p.m. at Vista Blue Mountain, 22325 Barton Road. Community Day Planning Committee Meeting to be held Thursday, March 12, 2020 at 6:00 p.m. in the City Hall Community Room, 22795 Barton Road. Walk on Blue Mountain to be held Saturday, March 7, 2020 at 8:00 a.m. at Palm Avenue & Honey Hill Drive. K. CLOSED SESSION - NONE L. ADJOURN C.2 Packet Pg. 12 Mi n u t e s A c c e p t a n c e : M i n u t e s o f F e b 2 5 , 2 0 2 0 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council February 25, 2020 City of Grand Terrace Page 8 Darcy McNaboe closed the Regular Meeting of the City Council in memory of Grand Terrace Resident, Edna Best. C.2 Packet Pg. 13 Mi n u t e s A c c e p t a n c e : M i n u t e s o f F e b 2 5 , 2 0 2 0 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) CITY OF GRAND TERRACE CITY COUNCIL MINUTES ● FEBRUARY 25, 2020 Council Chamber Regular Meeting 6:00 PM Grand Terrace Civic Center ● 22795 Barton Road City of Grand Terrace ATTACHMENTS TO February 25, 2020 City Council Minutes PowerPoint Presentations C.3 Packet Pg. 14 Co m m u n i c a t i o n : A t t a c h m e n t s t o M i n u t e s o f t h e R e g u l a r M e e t i n g o f 0 2 / 2 5 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) 1 CDBG FUNDING RECOMMENDATIONS FOR THE 2020-2021 PROGRAM YEAR CITY COUNCIL MEETING FEBRUARY 25, 2020 2030 Vision Statement A place where residents can enjoy quality of life that fosters pride and an engaged community, in that the CDBG program funds community programs that benefit Grand Terrace residents. Goal 4 – Develop and Implement Successful Partnerships C.3 Packet Pg. 15 Co m m u n i c a t i o n : A t t a c h m e n t s t o M i n u t e s o f t h e R e g u l a r M e e t i n g o f 0 2 / 2 5 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) CDBG PROGRAM Benefit low-moderate income persons; eliminate blight; meet an urgent need 4 Public Service projects can be funded Expected Allocation = $56,934 Unprogrammed Funds Balance = $16,293 Only for construction projects BACKGROUND - 2019-2020 FUNDING Priority Applicant Project Recommendation Public Service Recommendation Construction (UF) 1 SB County – GT Library Literacy Education $10,000 N/A 2 Family Services Association Senior nutrition $10,000 N/A Sr. Center coordinator $25,000 N/A 3 The REC Center Youth classes, workshops & activities $7,128 N/A 4 Girls Scouts of San Gorgonio Council Classroom to Career - training & mentorship $3,500 N/A Total $55,628 - Unprogrammed Funds 5 City of Grand Terrace ADA doors City Hall Interior N/A $13,000 Total -$13,000 C.3 Packet Pg. 16 Co m m u n i c a t i o n : A t t a c h m e n t s t o M i n u t e s o f t h e R e g u l a r M e e t i n g o f 0 2 / 2 5 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) 2019-2020 ELIGIBLE APPLICATIONS Applicant Project Funding Requested SB County – GT Library Literacy Education $10,000 Family Services Association Senior Nutrition $10,000 Family Services Association Senior Center Coordinator $50,000 The REC Center Youth classes, workshops, camp activities and scholarships $15,000 Girls Scouts of San Gorgonio Council Classroom to Career - training and mentorship program $4,000 City of Grand Terrace ADA Doors City Hall Restrooms $13,000 (Construction UF) Total Requested $102,000 Allocation $56,934 ($34,372) 2020-2021 FUNDING RECOMMENDATIONS Priority Applicant Project Funding Requested Recommendation Public Service 1 SB County – GT Library Literacy Education $10,000 $10,000 2 Family Services Association Senior nutrition $10,000 $10,000 Sr. Center coordinator $50,000 $25,000 3 The REC Center Youth classes, workshops & activities $15,000 $7,934 4 Girls Scouts of San Gorgonio Council Classroom to Career - training & mentorship $4,000 $4,000 Total $56,934 Unprogrammed Funds 5 City of Grand Terrace ADA doors City Hall Restrooms $13,000 (UF)$13,000 Total $13,000 C.3 Packet Pg. 17 Co m m u n i c a t i o n : A t t a c h m e n t s t o M i n u t e s o f t h e R e g u l a r M e e t i n g o f 0 2 / 2 5 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) RECOMMENDATION Conduct a public hearing for the prioritization of eligible applications for the 2020-2021 Community Development Block Grant (CDBG) funding; and Prioritize funding allocations and authorize staff to submit the City's CDBG funding recommendation to the County of San Bernardino Economic Development Agency C.3 Packet Pg. 18 Co m m u n i c a t i o n : A t t a c h m e n t s t o M i n u t e s o f t h e R e g u l a r M e e t i n g o f 0 2 / 2 5 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) Community Benefits Fund February 25, 2020 Community Benefits Fund C.3 Packet Pg. 19 Co m m u n i c a t i o n : A t t a c h m e n t s t o M i n u t e s o f t h e R e g u l a r M e e t i n g o f 0 2 / 2 5 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) February-2020 Application: Sheriff’s Central Station Explorer Program February-2020 Application: Sheriff’s Central Station Explorer Program C.3 Packet Pg. 20 Co m m u n i c a t i o n : A t t a c h m e n t s t o M i n u t e s o f t h e R e g u l a r M e e t i n g o f 0 2 / 2 5 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) Sheriff’s Central Station Explorer Program Sheriff’s Central Station Explorer Program C.3 Packet Pg. 21 Co m m u n i c a t i o n : A t t a c h m e n t s t o M i n u t e s o f t h e R e g u l a r M e e t i n g o f 0 2 / 2 5 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) Community Benefits Fund Acct No. Account Title Appr. Budget Grant Awards Balance as of Jan-2020 Prop. Grant Awards Balance 461- 100 Youth Prgms $10,000 ($6,000) $4,000 $0 $4,000 461- 200 Art, Bus. & Svc Org. $5,000 ($2,000)$3,000 ($2,000)$1,000 TOTAL $15,000 ($8,000)$7,000 ($2,000)$5,000 Questions C.3 Packet Pg. 22 Co m m u n i c a t i o n : A t t a c h m e n t s t o M i n u t e s o f t h e R e g u l a r M e e t i n g o f 0 2 / 2 5 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) City Manager’s Update 2/25/2020 C.3 Packet Pg. 23 Co m m u n i c a t i o n : A t t a c h m e n t s t o M i n u t e s o f t h e R e g u l a r M e e t i n g o f 0 2 / 2 5 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) C.3 Packet Pg. 24 Co m m u n i c a t i o n : A t t a c h m e n t s t o M i n u t e s o f t h e R e g u l a r M e e t i n g o f 0 2 / 2 5 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) AGENDA REPORT MEETING DATE: March 10, 2020 Council Item TITLE: February 3, 2020 Historical & Cultural Activities Committee Minutes and January 23, 2020 Parks & Recreation Advisory Committee Meeting Minutes PRESENTED BY: Debra Thomas, City Clerk RECOMMENDATION: Receive and file. 2030 VISION STATEMENT: This staff report supports Goal #5, Engage in Proactive Communication. BACKGROUND: Beginning with the November 14, 2017 City Council meeting, the City Clerk was directed by the City Manager to provide Council with a copy of the Planning Commission, Historical & Cultural Activities Committee and Volunteer Emergency Operations Committee minutes to keep Council up-to-date on those Commission/Committee activities. On January 16, 2018, the City Manager requested that the Parks & Recreation Advisory Committee minutes be included in the Committee/Commission Report once that advisory body begins its regular meetings. Pursuant to Health and Safety Code Section 34179(j), the Countywide Oversight Board was created and became effective on July 1, 2018 which has replaced the City’s Oversight Board. Therefore, no future Oversight Board minutes will be included in this report going forward. DISCUSSION: Planning Commission – None. On March 2, 2020, the Historical & Cultural Activities Committee held its Regular Meeting and approved its February 3, 2020 Regular Meeting minutes. The minutes for this meeting is included as an attachment to this report. The Committee’s next Regular Meeting is scheduled for April 6, 2020. On February 13, 2020, the Parks & Recreation Advisory Committee held its Regular Meeting and approved its January 23, 2020 Special Meeting minutes. The minutes for this meeting is included as an attachment to this report. The Committee’s next Regular Meeting is scheduled for March 12, 2020. C.4 Packet Pg. 25 FISCAL IMPACT: None. ATTACHMENTS: • February 3, 2020 H&C Minutes (PDF) • 01-23-2020 P&R Minutes (PDF) APPROVALS: Debra Thomas Completed 03/03/2020 3:57 PM City Attorney Completed 03/04/2020 4:39 PM Finance Completed 03/04/2020 6:13 PM City Manager Completed 03/05/2020 6:28 PM City Council Pending 03/10/2020 6:00 PM C.4 Packet Pg. 26 C.4.a Packet Pg. 27 At t a c h m e n t : F e b r u a r y 3 , 2 0 2 0 H & C M i n u t e s ( C o m m i t t e e a n d C o m m i s s i o n M i n u t e s ) CITY OFGRAND TERRACE PARKS & RECREATION ADVISORY COMMITTEE SPECIAL MEETING January 23, 2020 - 4:00 p.m. City Hall Community Room – North 22795 Barton Road MINUTES CALL MEETING TO ORDER: Chairman Brian Phelps convened the Special Meeting of the Parks & Recreation Advisory Committee at 4:10 p.m. PLEDGE OF ALLEGIANCE: Jason Greeley, Grand Terrace resident led the Committee in the Pledge of Allegiance. ROLL CALL: Present: Committee Members Freund, Rivera, Reagan; Chairman Phelps Absent: Vice-Chair Firnkoess 1. Approve November 14, 2019 Minutes Committee Member Freund moved with a second from Committee Member Rivera to approve the November 14, 2019 Minutes. Ayes: Committee Members Freund, Rivera, Reagan; Chairman Phelps Absent: Vice-Chair Firnkoess 2. Public Comments Jason Greeley introduced his partner, Stephanie Barrett with Image Mover and proposed a change to the mural that was originally to be painted at Veterans Freedom Park. Mr. Greeley and Ms. Barrett proposed using media printing. The design would be created digitally and a material from Briteline MultiGRIP would be used in which it would adhere to the surface. The cost for this procedure would run approximately $47,000 versus $66,000 for paint. Discussion was held regarding whether the product was graffiti resistant and Ms. Barrett stated she would need to run tests on the material. C.4.b Packet Pg. 28 At t a c h m e n t : 0 1 - 2 3 - 2 0 2 0 P & R M i n u t e s ( C o m m i t t e e a n d C o m m i s s i o n M i n u t e s ) Agenda Parks & Recreation Advisory Committee January 23, 2020 G. Harold Duffey, City Manager suggested that community outreach be held to allow the public to review prepared concepts and receive input on what the community would like the mural to include. These concepts could be shown at the State of the City address and the Blue Mountain Hike. After the completion of public outreach, the item would be brought back to the Parks & Recreation Committee to prepare a recommendation of the concept selected and forward that concept and quote to the City Council for review and approval. 3. Staff Presentation a. Update - Appointment of Youth/Student Committee Member – One Year Term This item has been delayed. Will be brought back to the Committee as soon as possible. b. Update - Address Youth Activity Issues at City Playing Fields City Manager Duffey provided the Committee with a update on the letter sent to the Little League Board and steps the City is taking to resolve the issues regarding the use of park facilities and the disturbances caused to local residents. c. Update - Dog Park Re-Seeding d. Dog Park Celebratory Event Committee Member Rivera would like to bring back a Grand Re-Opening of the City’s Dog Park after the completion of re-seeding. Suggestions made were to recruit vendors from Petco, ASPCA, Food, Pets for Adoption (through the Riverside Animal Shelter). Committee Member Rivera and Committee Member Reagan will partner with the City to coordinate the event. The event would take place sometime in late March, early April 2020. 4. Committee Member Comments Committee Member Freund requested a status on the Blue Mountain Trailhead. City Manager Duffey suggested a public meeting could be held in mid-February to discuss the options for the grant money. Committee Member Freund requested a status on the pool. City Manager Duffey explained that a site plan has been requested by the State. Committee Member Freund asked if the oranges located at Mt. Vernon and Grand Terrace Road could be offered to the public. C.4.b Packet Pg. 29 At t a c h m e n t : 0 1 - 2 3 - 2 0 2 0 P & R M i n u t e s ( C o m m i t t e e a n d C o m m i s s i o n M i n u t e s ) Agenda Parks & Recreation Advisory Committee January 23, 2020 New Committee Member Reagan took pictures of Richard Rollins Park showing the disrepair of certain areas. Maintaining the grounds was discussed. He also recommended coming up with a skateboard park for the local skateboarders. 5. Staff Comments None. 6. Adjournment Chairman Phelps adjourned the Parks & Recreation Advisory Committee Special Meeting at 5:45 p.m. _________________________________ Brian Phelps, Chairman _________________________________ Debra Thomas, Committee Secretary C.4.b Packet Pg. 30 At t a c h m e n t : 0 1 - 2 3 - 2 0 2 0 P & R M i n u t e s ( C o m m i t t e e a n d C o m m i s s i o n M i n u t e s ) AGENDA REPORT MEETING DATE: March 10, 2020 Council Item TITLE: 2020 Community Day Business License Fees Waiver PRESENTED BY: Cynthia Fortune, Assistant City Manager RECOMMENDATION: Waive City of Grand Terrace Business License Fees for Vendors Participating in the 2020 Community Day 2020 Craft Fair Event to be held on Saturday, June 6, 2020. 2030 VISION STATEMENT: This staff report supports Goal #4, Develop and Implement Successful Partnerships; which includes working Collaboratively with Community Groups, Private and Public Sector Agencies to Facilitate the Delivery of Services Benefiting Youth, Seniors & Our Community. The Community Day event allows the City to interact with the community and its partners, providing programs and activities that all enjoy while enhancing the quality of life of Grand Terrace residents. BACKGROUND: Community Day has been a long standing tradition in Grand Terrace where the entire community comes together annually on the first Saturday in June for food, fun, and entertainment. Picnics, shows, live concerts, music, and dancing were a part of this fun- filled event. Last year, the City of Grand Terrace hosted the Event which included a few more activities, some of which were: • a Car show; • a “Taste of Terrace” area that featured cuisine from local restaurants; • a Rodeo; and • a Craft Corner featuring handmade arts, crafts and jewelry. The Craft Corner featured artists from our local community who engaged in various hobbies in their homes and were eager to show off their wares. DISCUSSION: It is the City’s intent that all participants, vendors and community alike have an enjoyable experience on Community Day. Several of our local residents come as Craft Corner artists eager to interact with the community and are given an opportunity to sell C.5 Packet Pg. 31 their local homemade hand crafts. Grand Terrace Municipal Code Title 4, Chapter 4.08.010 – Business License Tax (Exhibit A) states that “any person, firm, or corporation conducting or carrying on business within the City shall be charged a business license tax based upon the City’s Business License Tax Schedule. That schedule includes the following: 1. A $30.00 flat rate if the business office (home or other location) is within the City limits and annual Gross Receipts are under $49,999; or 2. A $50.00 flat rate if the business office (home or other location) is located outside the City limits. Included in the City’s business license application is a State Mandated Disability Access/Education Fee (Senate Bill 1186) of $4.00 (flat fee) annually. SB 1186 is intended to increase disability access, encourage compliance with construction-related accessibility requirements, develop education resources for businesses, and facilitate compliance with Federal and State disability laws. The Craft Corner was a new addition to the Community Day activities last year and was a huge success. The City would like to repeat that successful event, while being mindful of the local vendors selling handmade arts, crafts and jewelry. It is estimated that each vendor participating in the Craft Corner will earn gross receipts of under $1,000 each. Grand Terrace Municipal Code Title 4, Chapter 4.08.050 – Exemptions, further state that “each business which has annual gross receipts of less than one thousand dollars ($1,000.00) shall not be required to pay a business license tax. At this time, City staff is recommending that City Council waive the business license tax for all vendors proposing to participate at the Craft Corner for Community Day to be held on Saturday, June 6, 2020. Each vendor participating in the Craft Corner, will still be required to pay the flat fee of $4.00 to comply with SB1186. FISCAL IMPACT: Waiving the business license fees for the one-day Craft Corner vendors will result in the City not being able to collect approximately $700 in Business License Revenues. ATTACHMENTS: • GTMC Title 4, Chapter 4.08 - Business License (PDF) APPROVALS: Cynthia A. Fortune Completed 03/05/2020 12:14 PM C.5 Packet Pg. 32 Finance Completed 03/05/2020 12:14 PM City Attorney Completed 03/05/2020 4:29 PM City Manager Completed 03/05/2020 6:49 PM City Council Pending 03/10/2020 6:00 PM C.5 Packet Pg. 33 Exhibit AC.5.a Packet Pg. 34 At t a c h m e n t : G T M C T i t l e 4 , C h a p t e r 4 . 0 8 - B u s i n e s s L i c e n s e ( 2 0 2 0 C o m m u n i t y D a y B u s i n e s s L i c e n s e F e e s W a i v e r ) C.5.a Packet Pg. 35 At t a c h m e n t : G T M C T i t l e 4 , C h a p t e r 4 . 0 8 - B u s i n e s s L i c e n s e ( 2 0 2 0 C o m m u n i t y D a y B u s i n e s s L i c e n s e F e e s W a i v e r ) C.5.a Packet Pg. 36 At t a c h m e n t : G T M C T i t l e 4 , C h a p t e r 4 . 0 8 - B u s i n e s s L i c e n s e ( 2 0 2 0 C o m m u n i t y D a y B u s i n e s s L i c e n s e F e e s W a i v e r ) C.5.a Packet Pg. 37 At t a c h m e n t : G T M C T i t l e 4 , C h a p t e r 4 . 0 8 - B u s i n e s s L i c e n s e ( 2 0 2 0 C o m m u n i t y D a y B u s i n e s s L i c e n s e F e e s W a i v e r ) AGENDA REPORT MEETING DATE: March 10, 2020 Council Item TITLE: Acceptance of Work from TSR Construction and Issue a Notice of Completion for Signal Modification at Preston and Barton PRESENTED BY: Alan French, Public Works Director RECOMMENDATION: 1. Approve and Accept Work completed by TSR Construction for the Modification of the Signal at the Intersection of Preston Street and Barton Road; and 2. Direct Staff to file a Notice of Completion. 2030 VISION STATEMENT: This staff report supports Goal #2 "Maintain Public Safety" by investing in critical improvements to infrastructure. BACKGROUND: The signal at Preston Street and Barton Road, was the oldest signal that had not been modified to include a left turn indicator to protect against on-coming traffic. City staff prepared the bid package for the work to modify the signal and advertised the project on September 25, 2019. DISCUSSION: On October 22, 2019, the City Council approved an agreement with TSR Construction in an amount not to exceed $82,000 to modify the signal to add left turn indicators on Barton Road. On February 11, 2020 the City Council approved a contract amendment (Change Order #1) for $35,800 for conduit replacements resulting in a new contract total amount of $117,800. The Preston Signal Modification Project was completed on March 3, 2020, to staff’s satisfaction in accordance with the agreement. An extended curb was also added to the North/West curb to provide additional protection to the controller cabinet. It is recommended that the City Council now take the following actions: 1. Approve and accept the work by TSR Construction and Inspection for this project; and H.6 Packet Pg. 38 2. Direct staff to file a Notice of Completion with the San Bernardino County Recorder's Office. FISCAL IMPACT: The total cost of the Preston Signal Modification Project was $117,800 plus $9,400 for inspection costs. As approved by City Council on October 8, 2019; the work performed for this project was paid for using Spring Mt. Traffic Funds, an insurance settlement and DIF Funds for Change Order #1. ATTACHMENTS: • Notice of Completion (PDF) • 5946Contract (PDF) APPROVALS: Alan French Completed 03/03/2020 7:57 PM City Attorney Completed 03/04/2020 5:02 PM Finance Completed 03/04/2020 6:15 PM City Manager Completed 03/06/2020 9:01 AM City Council Pending 03/10/2020 6:00 PM H.6 Packet Pg. 39 Grand Terrace City Manager of Debra Thomas, City Clerk City of Grand Terrace 22795 Barton Road Grand Terrace, CA 92313 City of Grand Terrace 22795 Barton Road, Grand Terrace, CA 92313 03/03/2020 Modification to the existing signal andding a left turn indicator, replacing wiring and conduits and cabinet. TRC costruction and Inspection October 22, 2019 San Bernardino On Barton Road and Preston Street At the intersection of Preston and Barton, Grand Terrace, CA 92313 March 10, 2020 Grand Terrace H.6.a Packet Pg. 40 At t a c h m e n t : N o t i c e o f C o m p l e t i o n ( P r e s t o n S i g n a l M o d i f i c a t i o n N o t i c e o f C o m p l e t i o n ) 2019-33 PUBLIC WORKS AGREEMENT By and Between CITY OF GRAND TERRACE and TSR CONSTRUCTION AND INSPECTIONS ni')n'7nnrui4mu'71 z H.6.b Packet Pg. 41 At t a c h m e n t : 5 9 4 6 C o n t r a c t ( P r e s t o n S i g n a l M o d i f i c a t i o n N o t i c e o f C o m p l e t i o n ) AGREEMENT FOR PUBLIC WORKS SERVICES BETWEEN THE CITY OF GRAND TERRACE AND TSR CONSTRUCTION AND INSPECTIONS This AGREEMENT FOR PUBLIC WORKS SERVICES (herein "Agreement") is made and entered into this 22nd day of October, 2019 by and between the City of Grand Terrace, a California municipal corporation ("City") and TSR Construction and Inspections, a California corporation ("Contractor"). City and Contractor may be referred to, individually or collectively, as "Party" or"Parties." RECITALS A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement. B. Contractor, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services. C. Pursuant to the City of Grand Terrace Municipal Code, City has authority to enter into and execute this Agreement. D. The Parties desire to formalize the selection of Contractor for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein. OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows: ARTICLE 1. WORK OF CONTRACTOR 1.1 Scope of Work. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the "Scope of Work" attached hereto as Exhibit "A" and incorporated herein by this reference, which may be referred to herein as the "services" or work"hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the work required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For 1- n n nnrui mu z H.6.b Packet Pg. 42 At t a c h m e n t : 5 9 4 6 C o n t r a c t ( P r e s t o n S i g n a l M o d i f i c a t i o n N o t i c e o f C o m p l e t i o n ) purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances. 1.2 Bid Documents. The Scope of Work shall include the "General Provisions" and "Special Provisions" in the bid documents for the project entitled "Preston/Barton Road Signal Modification Project" ("Project"), including any documents, addenda, or exhibits referenced therein (collectively, "bid documents"), all of which are incorporated herein by this reference. In the event of any inconsistency between the terms of the bid documents and this Agreement, the terms of this Agreement shall govern. 1.3 Compliance with Law. Contractor shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered. 1.4 Compliance with California Labor Law. a) Public Work. The Parties acknowledge that the work to be performed under this Agreement is a "public work" as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations ("DIR") implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by regulation. b) Prevailing Wages. Contractor shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Contractor acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement. c) Penalty for Failure to Pav Prevailing Wages. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars 200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor. 2- AMA7 AnNOfnIQ71 z H.6.b Packet Pg. 43 At t a c h m e n t : 5 9 4 6 C o n t r a c t ( P r e s t o n S i g n a l M o d i f i c a t i o n N o t i c e o f C o m p l e t i o n ) d) Pavroll Records. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. e) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. f) Eiaht-Hour Work Day. Contractor acknowledges that eight (8) hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810. g) Penalties for Excess Hours. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half(1'/2)times the basic rate of pay. h) Workers' Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Contractor certifies as follows: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." Contractor's Authorized Initials G--0, i) Contractor's Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Contractor shall be responsible for 3- nMA7 nnnt;4nIS271 1 H.6.b Packet Pg. 44 At t a c h m e n t : 5 9 4 6 C o n t r a c t ( P r e s t o n S i g n a l M o d i f i c a t i o n N o t i c e o f C o m p l e t i o n ) such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor. 1.5 Licenses, Permits, Fees and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits, registrations, and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder. 1.6 Familiarity with Work. a) By executing this Agreement, Contractor warrants that Contractor i) has thoroughly investigated and considered the scope of work to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. b) Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any: (i) material Contractor believes may be hazardous waste as defined in Section 25117 of the Health& Safety Code required to be removed to a Class I, II, or III disposal site in accordance with existing law; (ii) subsurface, unknown or latent conditions, materially different from those indicated; or (iii) unknown physical conditions at the site of any unusual nature, different from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement, and will materially affect the performance of the services hereunder. c) City shall promptly investigate the conditions, and if it finds that the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor's cost of, or the time required for, performance of any part of the work, shall issue a change order per Section 1.10 of this Agreement. d) In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, 4- OMAI nnnAiu7u'71 z H.6.b Packet Pg. 45 At t a c h m e n t : 5 9 4 6 C o n t r a c t ( P r e s t o n S i g n a l M o d i f i c a t i o n N o t i c e o f C o m p l e t i o n ) Contractor shall not be excused from any scheduled completion date set, but shall proceed with all work to be performed under the Agreement. Contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and protests between the contracting parties. e) City will compensate Contractor to the extent required by Government Code Section 4215 by issuing a change order per Section 1.10 of this Agreement. 1.7 Protection and Care of Work and Materials. The Contractor shall adopt reasonable methods, including providing and maintaining storage facilities, during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as caused by City's own negligence. Stored materials shall be reasonably accessible for inspection. Contractor shall not, without City's consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the work. 1.8 Warranty. Contractor warrants all work under the Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the work or non-conformance ofthe work to the Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act as soon as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair, remove and replace any portions of the work (or work of other contractors) damaged by its defective work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor's obligation hereunder to correct defective work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its 5- n17A7 nnn4/Kn7Q71 1 H.6.b Packet Pg. 46 At t a c h m e n t : 5 9 4 6 C o n t r a c t ( P r e s t o n S i g n a l M o d i f i c a t i o n N o t i c e o f C o m p l e t i o n ) obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand. 1.9 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. 1.10 Additional Work and Change Orders. a) City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Work or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor ("Change Order"). All Change Orders must be signed by the Contractor and Contract Officer prior to commencing the extra work thereunder. b) Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or any increase in the time to perform of up to one hundred eighty (180) days; and does not materially affect the Work and which are not detrimental to the Work or to the interest of the City, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. c) Any adjustment in the Contract Sum for a Change Order must be in accordance with the rates set forth in the Schedule of Compensation in Exhibit "C". If the rates in the Schedule of Compensation do not cover the type of work in the Change Order, the cost of such work shall not exceed an amount agreed upon in writing and signed by Contractor and Contract Officer. If the cost of the Change Order cannot be agreed upon, the City will pay for actual work of the Change Order completed, to the satisfaction of the City, as follows: i) Labor: the cost of labor shall be the actual cost for wages of workers and subcontractors performing the work for the Change Order at the time such work is done. The use of labor classifications that would increase the cost of such work shall not be permitted. ii) Materials and Equipment: the cost of materials and equipment shall be at cost to Contractor or lowest current price which such materials and equipment are reasonably available at the time the work is done, whichever is lower. 6- 011A'7 AM4141)'71271 1 H.6.b Packet Pg. 47 At t a c h m e n t : 5 9 4 6 C o n t r a c t ( P r e s t o n S i g n a l M o d i f i c a t i o n N o t i c e o f C o m p l e t i o n ) iii) If the cost of the extra work cannot be agreed upon, the Contractor must provide a daily report that includes invoices for labor, materials and equipment costs for the work under the Change Order. The daily report must include: list of names of workers, classifications, and hours worked; description and list of quantities of materials used; type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable; description of other City authorized services and expenditures in such detail as the City may require. Failure to submit a daily report by the close of the next working day may, at the City's sole and absolute discretion, waive the Contractor's rights for that day. d) It is expressly understood by Contractor that the provisions of this Section 1.10 shall not apply to services specifically set forth in the Scope of Work. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Work may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. e) No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed. 1.11 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit `B" and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit B" and any other provisions of this Agreement, the provisions of Exhibit`B" shall govern. ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT. 2.1 Contract Sum. Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in the "Schedule of Compensation" attached hereto as Exhibit C" and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Eighty Two Thousand Dollars ($82,000) (the "Contract Sum"),unless additional compensation is approved pursuant to Section 1.10. 2.2 Method of Compensation. The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services less the contract retention; (iii) payment for time and materials based upon the Contractor's rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation. 7- m n nnn i mu i z H.6.b Packet Pg. 48 At t a c h m e n t : 5 9 4 6 C o n t r a c t ( P r e s t o n S i g n a l M o d i f i c a t i o n N o t i c e o f C o m p l e t i o n ) 2.3 Reimbursable Expenses. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City. Coordination of the performance of the work with City is a critical component of the services. If Contractor is required to attend additional meetings to facilitate such coordination, Contractor shall not be entitled to any additional compensation for attending said meetings. 2.4 Invoices. Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City's Director of Finance. By submitting an invoice for payment under this Agreement, Contractor is certifying compliance with all provisions of the Agreement. The invoice shall contain all information specified in Exhibit "C", and shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Contractor shall not invoice City for any duplicate services performed by more than one person. City shall, as soon as practicable, independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, or as provided in Section 7.3, City will cause Contractor to be paid within thirty (30) days of receipt of Contractor's correct and undisputed invoice; however, Contractor acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event that City does not cause Contractor to be paid within thirty (30) days of receipt of an undisputed and properly submitted invoice, Contractor shall be entitled to the payment of interest to the extent allowed under Public Contract Code Section 20104.50. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor, not later than seven (7) days after receipt by the City, for correction and resubmission. Returned invoices shall be accompanied by a document setting forth in writing the reasons why the payment request was rejected. Review and payment by the City of any invoice provided by the Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law. 2.5 Waiver. Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor. 8- n17A7 nM4/9n'7u71 1 H.6.b Packet Pg. 49 At t a c h m e n t : 5 9 4 6 C o n t r a c t ( P r e s t o n S i g n a l M o d i f i c a t i o n N o t i c e o f C o m p l e t i o n ) ARTICLE 3. PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3. 2 Schedule of Performance. Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit "D" and incorporated herein by this reference. When requested by the Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty(180) days cumulatively. 3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor's sole remedy being extension of the Agreement pursuant to this Section. 3.4 Inspection and Final Acceptance. City may inspect and accept or reject any of Contractor's work under this Agreement, either during performance or when completed. City shall reject or finally accept Contractor's work within forty-five (45) days after submitted to City. City shall accept work by a timely written acceptance, otherwise work shall be deemed to have been rejected. City's acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as to amount to fraud. Acceptance of any work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Articles 1 and 5, pertaining to warranty and indemnification and insurance, respectively. 3.5 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not 9- ni n nnrui mQ i z H.6.b Packet Pg. 50 At t a c h m e n t : 5 9 4 6 C o n t r a c t ( P r e s t o n S i g n a l M o d i f i c a t i o n N o t i c e o f C o m p l e t i o n ) exceeding one (1) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit"D"). ARTICLE 4. COORDINATION OF WORK 4.1 Representatives and Personnel of Contractor. The following principals of Contractor ("Principals") are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: Gabriel Zan_irtan President Name) Title) Name) Title) Name) Title) It is expressly understood that the experience, knowledge, capability and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement. Therefore, the Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. Additionally, Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor's staff and subcontractors, if any, assigned to perform the services required under this Agreement. Contractor shall notify City of any changes in Contractor's staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance. 4.2 Status of Contractor. Contractor shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor's officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Contractor, nor any of Contractor's officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City's employees. Contractor expressly waives any claim Contractor may have to any such rights. 10- l117A7 M!1!.A Mf271 Z H.6.b Packet Pg. 51 At t a c h m e n t : 5 9 4 6 C o n t r a c t ( P r e s t o n S i g n a l M o d i f i c a t i o n N o t i c e o f C o m p l e t i o n ) 4.3 Contract Officer. The Contract Officer shall be the City Manager or such person as may be designated by the City Manager. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 4.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor's employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor. 4.5 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. All subcontractors shall obtain, at its or Contractor's expense, such licenses, permits, registrations and approvals including from the City) as may be required by law for the performance of any services or work under this Agreement. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City. 11- n»n nnrui mQ i H.6.b Packet Pg. 52 At t a c h m e n t : 5 9 4 6 C o n t r a c t ( P r e s t o n S i g n a l M o d i f i c a t i o n N o t i c e o f C o m p l e t i o n ) ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS 5.1 Insurance Coverages. Without limiting Contractor's indemnification of City, and prior to commencement of any services under this Agreement, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. a) General liabilitv insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. b) Automobile liabilitv insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non- owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. c) Professional liabilitv (errors & omissions) insurance. Contractor shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of$1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Contractor agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. d) Workers' compensation insurance. Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least$1,000,000). e) Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit`B". 5.2 General Insurance Requirements. a) Proof of insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification 12- n1'7n7(1nnA/An7471 7 H.6.b Packet Pg. 53 At t a c h m e n t : 5 9 4 6 C o n t r a c t ( P r e s t o n S i g n a l M o d i f i c a t i o n N o t i c e o f C o m p l e t i o n ) of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. b) Duration of coverage. Contractor shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Contractor, its agents, representatives, employees or subcontractors. c) Primarv/noncontributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non- contributory basis for the benefit of City before the City's own insurance or self-insurance shall be called upon to protect it as a named insured. d) Citv's rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement. e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. g) Enforcement of contract provisions (non-estonnell_. Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. h) Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given 13- 0MA7M1L41A1Y7471 Z H.6.b Packet Pg. 54 At t a c h m e n t : 5 9 4 6 C o n t r a c t ( P r e s t o n S i g n a l M o d i f i c a t i o n N o t i c e o f C o m p l e t i o n ) issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. i) Notice of cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. 0) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 1) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability. The policy(ies) shall not contain any cross-liability exclusions. m) Pass through clause. Contractor agrees to ensure that its subcontractors and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. n) Agencv's right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor's compensation. o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. p) Timely notice of claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. 14- n 17A'7 nnM/KMQ 7I 1 H.6.b Packet Pg. 55 At t a c h m e n t : 5 9 4 6 C o n t r a c t ( P r e s t o n S i g n a l M o d i f i c a t i o n N o t i c e o f C o m p l e t i o n ) q) Additional insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 5.3 Indemnification. To the full extent permitted by law, Contractor agrees to indemnify, defend and hold harmless the City, its officers, employees and agents ("Indemnified Parties") against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Contractor is legally liable ("indemnitors"), or arising from Contractor's or indemnitors' reckless or willful misconduct, or arising from Contractor's or indemnitors' negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith: a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith; b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom; c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees. In addition, Contractor agrees to indemnify, defend and hold harmless the Indemnified Parties from, any and all claims and liabilities for any infringement of patent rights, copyrights or trademark on any person or persons in consequence of the use by the Indemnified Parties of articles to be supplied by Contractor under this Agreement, and of which the Contractor is not the patentee or assignee or has not the lawful right to sell the same. Contractor shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Contractor shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful 15- n17A7 Mnr,/41)7Q71'I H.6.b Packet Pg. 56 At t a c h m e n t : 5 9 4 6 C o n t r a c t ( P r e s t o n S i g n a l M o d i f i c a t i o n N o t i c e o f C o m p l e t i o n ) act, error or omission, or reckless or willful misconduct of Contractor in the performance of professional services and work hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City's sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City's negligence, except that design professionals' indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Contractor and shall survive termination of this Agreement. 5.4 Notification of Third-Party Claims. City shall timely notify Contractor of the receipt of any third-party claim relating to the work under this Agreement. City shall be entitled to recover from Contractor its reasonable costs incurred in providing such notification. 5.5 Performance and Labor Bonds. Concurrently with execution of this Agreement Contractor shall deliver to the City, the following: a) A performance bond in the amount of the Contract Sum of this Agreement, in the form provided by the City Clerk, which secures the faithful performance of this Agreement. b) A labor and materials bond in the amount of the Contract Sum of this Agreement, in the form provided by the City Clerk, which secures the payment of all persons furnishing labor and/or materials in connection with the work under this Agreement. Both the performance and labors bonds required under this Section 5.5 shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bond shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement and pays all labor and materials for work and services under this Agreement. 5.6 Sufficiency of Insurer or Surety. Insurance and bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best's Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City ("Risk Manager") due to unique circumstances. If this Agreement continues for more than 3 years duration, or in the event the Risk Manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the performance bond required by Section 5. 5 may be changed accordingly upon receipt of written notice from the Risk Manager. 16- n17n7 nnnA/4n7f271 1 H.6.b Packet Pg. 57 At t a c h m e n t : 5 9 4 6 C o n t r a c t ( P r e s t o n S i g n a l M o d i f i c a t i o n N o t i c e o f C o m p l e t i o n ) 5.7 Substitution of Securities. Pursuant to Public Contract Code Section 22300, substitution of eligible equivalent securities for any funds withheld to ensure performance under this Agreement may be permitted at the request and sole expense of the Contractor. Alternatively, the Contractor may, pursuant to an escrow agreement in a form prescribed by Public Contract Code Section 22300, request payment of retentions funds earned directly to the escrow agent at the sole expense ofthe Contractor. 5.8 Release of Securities. City shall release the Performance and Labor Bonds when the following have occurred: a) Contractor has made a written request for release and provided evidence of satisfaction of all other requirements under Article 5 of this Agreement; b) the Work has been accepted; and c) after passage of the time within which lien claims are required to be made pursuant to applicable laws; if lien claims have been timely filed, City shall hold the Labor Bond until such claims have been resolved, Contractor has provided statutory bond, or otherwise as required by applicable law. ARTICLE 6. RECORDS, REPORTS,AND RELEASE OF INFORMATION 6.1 Records. Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies, certified and accurate copies of payroll records in compliance with all applicable laws, or other documents relating to the disbursements charged to City and services performed hereunder (the "books and records"), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of 3 years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Contractor's business, custody of the books and records may be given to City, and access shall be provided by Contractor's successor in interest. Notwithstanding the above, the Contractor shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act. 17- M'7A7 AnW4n'74'71 Z H.6.b Packet Pg. 58 At t a c h m e n t : 5 9 4 6 C o n t r a c t ( P r e s t o n S i g n a l M o d i f i c a t i o n N o t i c e o f C o m p l e t i o n ) 6.2 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed. 6.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the "documents and materials") prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the City's sole risk and without liability to Contractor, and Contractor's guarantee and warranties shall not extend to such use, reuse or assignment. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. Moreover, Contractor with respect to any documents and materials that may qualify as "works made for hire" as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed "works made for hire" for the City. 6.4 Confidentiality and Release of Information. a) Information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer. b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed 18- nI'7A7 Mn414nZQ71 2 H.6.b Packet Pg. 59 At t a c h m e n t : 5 9 4 6 C o n t r a c t ( P r e s t o n S i g n a l M o d i f i c a t i o n N o t i c e o f C o m p l e t i o n ) under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena. c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorneys' fees, caused by or incurred as a result of Contractor's conduct. d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION 7.1 California Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of San Bernardino, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of San Bernardino, State of California. 7.2 Disputes. a) Default; Cure. In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, the City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Contractor is in default, the City shall hold all invoices and shall proceed with payment on the invoices only when the default is cured. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Contractor's default shall not be deemed to result in a waiver of the City's legal rights or any rights arising out of any provision of this Agreement. 19- nI1A'7 nnn4/4n'7Q 71 7 H.6.b Packet Pg. 60 At t a c h m e n t : 5 9 4 6 C o n t r a c t ( P r e s t o n S i g n a l M o d i f i c a t i o n N o t i c e o f C o m p l e t i o n ) b) Dispute Resolution. This Agreement is subject to the provisions of Article 1.5 (commencing at Section 20104) of Division 2, Part 3 of the California Public Contract Code regarding the resolution of public works claims of less than $375,000. Article 1.5 mandates certain procedures for the filing of claims and supporting documentation by the Contractor, for the response to such claims by the City, for a mandatory meet and confer conference upon the request of the Contractor, for mandatory non-binding mediation in the event litigation is commenced, and for mandatory judicial arbitration upon the failure to resolve the dispute through mediation. This Agreement hereby incorporates the provisions of Article 1.5 as though fully set forth herein. 7.3 Retention of Funds. Contractor hereby authorizes City to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Contractor's acts or omissions in performing or failing to perform Contractor's obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein. 7.4 Waiver. Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 20- nt n nnruilmu t z H.6.b Packet Pg. 61 At t a c h m e n t : 5 9 4 6 C o n t r a c t ( P r e s t o n S i g n a l M o d i f i c a t i o n N o t i c e o f C o m p l e t i o n ) 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Contractor shall file a claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement. 7.7 Liquidated Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of Two Hundred Fifty Dollars ($250.00) as liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Schedule of Performance (Exhibit "D"). The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages. Pursuant to Government Code Section 4215, Contractor shall not be assessed liquidated damages for delay in completion of the project when such delay was caused by the failure of the public agency or owner of the utility to provide for removal or relocation of utility facilities. 7.8 Termination Prior to Expiration of Term. This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days' written notice to Contractor, except that where termination is due to the fault of the Contractor, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Contractor reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days' written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Contractor may determine. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Contractor has initiated termination, the Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Contractor has initiated termination, the Contractor shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2. 7.9 Termination for Default of Contractor. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the 21- 0MA7 nM A/(JY7471 1 H.6.b Packet Pg. 62 At t a c h m e n t : 5 9 4 6 C o n t r a c t ( P r e s t o n S i g n a l M o d i f i c a t i o n N o t i c e o f C o m p l e t i o n ) work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated. 7.10 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. 7.11 Unfair Business Practices Claims. In entering into this Agreement, Contractor 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. § 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 related to this Agreement. This assignment shall be made and become effective at the time the City renders final payment to the Contractor without further acknowledgment of the Parties. ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 8.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor's performance of services under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. 22- 01747 M71A74n7Q71 2 H.6.b Packet Pg. 63 At t a c h m e n t : 5 9 4 6 C o n t r a c t ( P r e s t o n S i g n a l M o d i f i c a t i o n N o t i c e o f C o m p l e t i o n ) No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 8.3 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class. 8.4 Unauthorized Aliens. Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City. ARTICLE 9. MISCELLANEOUS PROVISIONS 9.1 Notices. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Grand Terrace, 22795 Barton Road, Grand Terrace, California 92313, and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two 72) hours from the time of mailing if mailed as provided in this Section. All correspondence relating to this Agreement shall be serialized consecutively. 23- n17A7 M IA/FnIQ71 Z H.6.b Packet Pg. 64 At t a c h m e n t : 5 9 4 6 C o n t r a c t ( P r e s t o n S i g n a l M o d i f i c a t i o n N o t i c e o f C o m p l e t i o n ) 9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 9.3 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. 9.4 Integration; Amendment. This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. 9.5 Severability. In the event that any one or more of the phrases, sentences, clauses,paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 9. 6 Warranty & Representation of Non-Collusion. No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of "financial interest" shall be consistent with State law and shall not include interests found to be "remote" or "noninterests" pursuant to,Government Code Sections 1091 or 1091.5. Contractor warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Contractor further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third parry including, but not limited to, any 24- n n nnrui mQ i z H.6.b Packet Pg. 65 At t a c h m e n t : 5 9 4 6 C o n t r a c t ( P r e s t o n S i g n a l M o d i f i c a t i o n N o t i c e o f C o m p l e t i o n ) City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Contractor is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and ofno force or effect. Contractor's Authorized Initials, 19 9.7 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. SIGNATURES ON FOLLOWING PAGE] 25- n17A7 Mru/4MQ 71 Z H.6.b Packet Pg. 66 At t a c h m e n t : 5 9 4 6 C o n t r a c t ( P r e s t o n S i g n a l M o d i f i c a t i o n N o t i c e o f C o m p l e t i o n ) IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written. CITY: City of d Terrace, a municipal corporation 4CitG. Harofd fey, iager M Debra Thomas, City Clerk APPROVED AS TO FORM: ALESHIR E&WYND LP Adrian R. Guerra, City Attorney CONTRACTOR: TSR Construction and Inspection, a California corporation By: Name: Gabriel Zapirtan Title: President By: f Name: LG PI R /9-1V Title: 5&Ck'C=%,)is"Y Address: 8264 Avenida Leon Rancho Cucamonga, CA 91730 Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR'S BUSINESS ENTITY. 26- M1A'7M1414 7R71 z H.6.b Packet Pg. 67 At t a c h m e n t : 5 9 4 6 C o n t r a c t ( P r e s t o n S i g n a l M o d i f i c a t i o n N o t i c e o f C o m p l e t i o n ) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signedthedocumenttowhichthiscertificateisattached,and not the truthfulness,accuracy or validity of that document. STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO K On (L /.(r t, 2019 before me N G NW4 , pers nally appeared fl()rl j ZAP r, rived to me on the basis of satisfactory evidence to be the person(s)whose names(s) islare subscribed to the within instrument and acknowledged to me that Calie/they executed the same in Qher/their authorized capacity(ies), and that by hi er/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. JASON G. THOMAS WITNESS my hand and official seal. i—'s Notary Public-California San Bernardino County z Signature: Commission#2155504 My Comm.Expires Jun 27,2020 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) PARTNER(S) O GIMNE NUMBER OF PAGES ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES)) SIGNER(S)OTHER THAN NAMED ABOVE 01247.0006/607871.3 H.6.b Packet Pg. 68 At t a c h m e n t : 5 9 4 6 C o n t r a c t ( P r e s t o n S i g n a l M o d i f i c a t i o n N o t i c e o f C o m p l e t i o n ) EXHIBIT "A" SCOPE OF WORK I.Contractor shall perform all of the work and comply with all of the specifications and requirements in the "General Provisions" and "Special Provisions" included in the bid documents for the project entitled the " Preston/Barton Road Sienal Modification Proiect" including any documents, addenda, or exhibits referenced therein. Such bid documents shall include, but not be limited to, the bid specifications and documents contained in Exhibit"A-1." H. Brief description of the work to be performed: i.Task 1: Contractor shall meet with City staff for the purpose of conducting a kick-off meeting for the Project and provide a Project schedule, which shall be approved by City in Writing. ii. Task 2: Contractor shall provide traffic control for the length of the Project and modify as needed to accommodate changes in traffic flow as directed by City staff in writing. iii. Task 3: Contractor to Contractor shall provide dust and water quality control for the Project and modify as needed to accommodate changes weather as directed by City staff in writing. iv. Task 4: Contractor shall furnish and install new left turn indicator for Barton Road, controller and cabinet and any and all related appurtenances for successful operation of the signal (including, but not limited to, any wiring that is required) at the general street intersection identified as Preston Street and Barton Road in Grand Terrace, California. III. In addition to the requirements of Section 6.2, during performance of the work, Contractor will keep the City apprised of the status of performance by delivering status reports as may be required by the City from time to time. IV. All work is subject to review and acceptance by the City, and must be revised by the Contractor without additional charge to the City until found satisfactory and accepted by City. V. Contractor shall provide safe and continuous passage for pedestrian and vehicular traffic in accordance with the Work Area Traffic Control Handbook(WATCH), latest edition. 01247.0006/607871.3 A-1 H.6.b Packet Pg. 69 At t a c h m e n t : 5 9 4 6 C o n t r a c t ( P r e s t o n S i g n a l M o d i f i c a t i o n N o t i c e o f C o m p l e t i o n ) EXHIBIT "A-1" BID SPECIFICATIONS AND DOCUMENTS TECHNICAL SPECIFICATIONS 1.0 GENERAL RROOREMENTS The 2018 Greenbook shall govern the work for this project. All language in the 2018 Greenbook shall remain in full force and effect, unless the language in the prevailing Contract Document specifically cites the section number in the 2018 Greenbook and says said provision is in lieu of that 2018 Greenbook Section 1. The project drawings and details are considered as part of these specifications, and any work or materials shown on the drawings and not mentioned in the specifications, or vice versa, are executed as if specifically mentioned in both. 2.0 MOBILIZATION Mobilization shall conform to the standard specification of the 2018 Greenbook. Mobilization includes expenditures for all preparatory work and operations, including but not limited to, those costs necessary for the movement of personnel, equipment, supplies, and incidental to the project site; for the establishment of all facilities necessary for work on the project; and for all other work and operations which must be performed or costs incurred prior to beginning work on the various contract items on the project site as well as the related demobilization costs anticipated at the completion of the project. Mobilization shall be paid for at the Contract Lump Sum Price as shown on the Bid Schedule. Fifty percent (50%) of the lump sum price will be paid upon successful move in and completion of mobilization. The remaining fifty percent (50%) shall be paid after the contractor is completely demobilized and all project sites have satisfactorily been restored and the project clean up is completed. 3. 0 TRAFFIC CONTROL Traffic Control shall comply with the standard specification ofthe 2018 Greenbook. Traffic control shall be designed and installed per latest California Manual On Uniform Traffic Control Devices (CA-MUTCD) and local agency requirements. Traffic control equipment including cones, barricades, flashing arrow boards, and signs shall be maintained improper location and working condition 24 hours per day. Contractor shall be responsible for relocation or replacement of equipment at all times to ensure a safe work area for vehicles, pedestrians, and bicyclists. If left overnight, signs in use shall be equipped with flashing beacons. Traffic control equipment not in use shall be removed from the roadway. Signs not in use shall be removed from the roadway and/or covered. Traffic Control shall be paid for at the Contract Lump Sum Price as shown on the Bid Schedule. 4.0 DUST AND STORMWATER PROTECTION Work site maintenance shall comply with standard specification of the 2018 Greenbook section 3-12. Technical Specifications 1 H.6.b Packet Pg. 70 At t a c h m e n t : 5 9 4 6 C o n t r a c t ( P r e s t o n S i g n a l M o d i f i c a t i o n N o t i c e o f C o m p l e t i o n ) Contractor shall keep the work site clean and free from rubbish and debris. Rubbish and debris collected on the work site shall on be stored in roll-off, enclosed containers prior to disposal. Stockpiles of such will not be allowed. The contractor shall conform to all applicable local, state and Federal regulations and laws pertaining to water pollution control. Technical Specifcadons 2 H.6.b Packet Pg. 71 At t a c h m e n t : 5 9 4 6 C o n t r a c t ( P r e s t o n S i g n a l M o d i f i c a t i o n N o t i c e o f C o m p l e t i o n ) PART I - GENERAL PROVISIONS SECTION 7-RESPONSIBILITIES OF THE CONTRACTOR 7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES. [Add the following]: A noise level limit of 86 dbA at a distance of fifty feet shall apply to all construction equipment on or related to the job, whether owned by the Contractor or not. The use of excessively loud warning signals shall be avoided except in those cases required for the protection of personnel. 7-2 LABOR 7-2.2 Laws. [Add the following]: The Contractor, and all subcontractors, suppliers and vendors shall comply with applicable Agency, State and Federal orders regarding affirmative action to ensure equal employment opportunities and fair employment practices. Failure to file any report due under said orders will result in suspension of periodic progress payments. The Contractor shall ensure unlimited access to the job site for all equal employment opportunity compliance officers. 7-10 PUBLIC CONVENIENCE AND SAFETY 7-10.1 Traffic and Access. [Add the following paragraph]: The Contractor shall assume full responsibility for any damage caused by stockpiling and shall repair same at his expense. The Contractor shall also be responsible for providing traffic control as required to protect the public from hazards caused by stockpiling within the traveled way. Payment for the above, if any, will be deemed as included in the items of work and no additional compensation will be allowed. 7-10.4.1 Safety Orders. [Add the following paragraph]: The Contractor shall comply with the provisions of any Agency ordinances or regulations regarding requirements for the protection of excavations and the nature of such protection. TRAFFIC SIGNAL.LIGHTING&ELECTRICAL SYSTEM All equipment, materials, and components for traffic signal modifications shall conform to the 2018 Caltrans Standard Plans and 2018 Standard Specifications, Section 86, "General" and Section 87 Electrical Systems" as shown below. 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. Technical Specifications 3 H.6.b Packet Pg. 72 At t a c h m e n t : 5 9 4 6 C o n t r a c t ( P r e s t o n S i g n a l M o d i f i c a t i o n N o t i c e o f C o m p l e t i o n ) SECTION 86-GENERAL 86-1.01 GENERAL 86-1.01A Summary Section 86 includes general specifications for furnishing electrical equipment and materials.Electrical equipment and materials must comply with part 4 of the California MUTCD and 8 CA Code of Regs, chapter 4, subchapter 5, "Electrical Safety Orders." Galvanized equipment and materials must comply with section 75-1.02B. 86-1.01B Definitions accessible pedestrian signal: Accessible pedestrian signal as defined in the California MUTCD. accessible walk indication: Activated audible and vibrotactile action during the walk interval. actuation: Actuation as defined in the California MUTCD. ambient sound level: Background sound level in dB at a given location. ambient sound sensing microphone: Microphone that measures the ambient sound level in dB and automatically adjusts the accessible pedestrian signal speaker's volume. audible speech walk message: Audible prerecorded message that communicates to pedestrians which street has the walk interval. channel: Discrete information path. CALIPER: Commercially Available LED Product Evaluation and Reporting. A U.S. Department of Energy program that individually tests and provides unbiased information on the performance of commercially available LED luminaires and lights. controller assembly: Assembly for controlling a system's operations, consisting of a controller unit and auxiliary equipment housed in a waterproof cabinet. controller unit: Part of the controller assembly performing the basic timing and logic functions. correlated color temperature: Absolute temperature in kelvin of a blackbody whose chromaticity most nearly resembles that of the light source. detector: Detector as defined in the California MUTCD. electrolier: Assembly of a lighting standard and luminaire. 07-21- 17 fastening hardware [ICF1]: Bolts,nuts, washer,fasteners,hex nuts,lock nuts, or other metal components to secure or lock down a device or equipment. 04-15-16 flasher: Device for opening and closing signal circuits at a repetitive rate. flashing beacon control assembly: Assembly of switches, circuit breakers,terminal blocks, flasher, wiring, and other necessary electrical components housed in a single enclosure for operating a beacon. TechnicalSpeciFcations 4 H.6.b Packet Pg. 73 At t a c h m e n t : 5 9 4 6 C o n t r a c t ( P r e s t o n S i g n a l M o d i f i c a t i o n N o t i c e o f C o m p l e t i o n ) house side lumens: Lumens from a luminaire directed to light up areas between the fixture and the pole, such as sidewalks at intersection or areas off the shoulders on freeways. illuminance gradient: Ratio of the minimum illuminance on a 1-foot square of sign panel to that on an adjacent 1-foot square ofsign panel. inductive loop detector: Detector capable of being actuated by an inductance change caused by a vehicle passing or standing over the loop.An inductive loop detector includes a loop or group ofloops installed in the roadway and a lead-in cable installed and connected inside a controller cabinet. junction temperature: Temperature of the electronic junction ofthe LED device.The junction temperature is critical in determining photometric performance, estimating operational life,and preventing catastrophic failure of the LED. L70: Extrapolated life in hours of the luminaire when the luminous output depreciates 30 percent from the initial values. lighting standard: Pole and mast arm supporting the luminaire. LM-79: Test method from the Illumination Engineering Society of North America specifying the test conditions,measurements,and report format for testing solid state lighting devices,including LED luminaires. LM-80: Test method from the Illumination Engineering Society of North America specifying the test conditions,measurements,and report format for testing and estimating the long-term performance of LEDs for general lighting purposes. luminaire: Assembly that houses the light source and controls the light emitted from the light source. National Voluntary Laboratory Accreditation Program: U.S. Department of Energy program that accredits independent testing laboratories. 07-21- 17 pedestrian change interval: Pedestrian change interval as defined in the California MUTCD. 04-15-16 powder coating: Coating applied electrostatically using exterior-grade,UV-stable,polymer powder. power factor: Ratio of the real power component to the complex power component. pretimed controller assembly: Assembly operating traffic signals under a predetermined cycle length. programming mechanism: Device to program the accessible pedestrian signal operation. pull box: Box with a cover that is installed in an accessible place in a conduit run to facilitate the pulling in of wires or cables. push button information message: Push button information message as defined in the California MUTCD. push button locator tone:Push button locator tone as defined in the California MUTCD. signal face: Signal face as defined in the California MUTCD. signal head: Signal head as defined in the California MUTCD. signal indication: Signal indication as defined in the California MUTCD. signal section: Signal section as defined in the California MUTCD. Technical Specifications 5 H.6.b Packet Pg. 74 At t a c h m e n t : 5 9 4 6 C o n t r a c t ( P r e s t o n S i g n a l M o d i f i c a t i o n N o t i c e o f C o m p l e t i o n ) signal standard: Pole with or without mast arms carrying 1 or more signal faces. street side lumens: Lumens from a luminaire directed to light up areas between the fixture and the roadway, such as traveled ways and freeway lanes. surge protection device: Subsystem or component that protects equipment against short-duration voltage transients in power line. total harmonic distortion:Ratio of the rms value of the sum of the squared individual harmonic amplitudes to the rms value of the fundamental frequency of a complex waveform. traffic-actuated controller assembly: Assembly for operating traffic signals under the varying demands of traffic as registered by detector actuation. traffic phase: Traffic phase as defined in the California MUTCD. vehicle: Vehicle as defined in the California Vehicle Code. vibrotactile pedestrian device: Vibrotactile pedestrian device as defined in the California MLJ TCD. 86-1.01C Submittals 86-1.01C(1) General Within 15 days after Contract approval,submit a list of equipment and materials you propose to install. Submit the list before shipping equipment and materials to the job site.The list must include: 1. Manufacturer's name 2. Make and model number 3. Month and year of manufacture 4. Lot and serial numbers 5. Contract number 6. Your contact information Submit confirmation of the vendor's acceptance of the order for the electrical equipment and materials as an informational submittal. Submit 3 sets of computer-generated, schematic wiring diagrams for each cabinet. Diagrams, plans, and drawings must be prepared using graphic symbols in IEEE 315, "Graphic Symbols for Electrical and Electronic Diagrams." Submit a schedule of values within 15 days after Contract approval. Do not include costs for the traffic control system in the schedule of values. Submit a manufacturer's maintenance manual or combined maintenance and operation manual as an informational submittal.The manual must have a master item index that includes: 1. Specifications 2. Design characteristics 3. General operation theory 4. Function of all controls 5. Troubleshooting procedure 6. Parts list, descriptions, stock numbers, and settings 7. Block circuit diagram 8. Layout of components 9. Schematic diagrams 86-1.01C(2) Pull Boxes Submit the manufacturer's installation instructions for pull boxes, including: 1. Quantity and size of entries that can be made without degrading the strength ofthe pull box below the load rating 2. Locations where side entries can be made Technical Specifications 6 H.6.b Packet Pg. 75 At t a c h m e n t : 5 9 4 6 C o n t r a c t ( P r e s t o n S i g n a l M o d i f i c a t i o n N o t i c e o f C o m p l e t i o n ) 3. Acceptable method for creating the entry 86-1.01D Quality Assurance 86-1.01D(1) General Electrical equipment must comply with one or more of the following standards: 1. ANSI 2. ASTM 3. EIA/ECIA 4. NEMA 5. NETA 6. UL/NRTL 7. TIA Materials must comply with: 1. FCC rules 2. ITE standards 3. NEC 4. California Electrical Code 86-1.011)(2) Source Quality Control Service equipment enclosures and cabinets must be inspected and tested at the source. 86-1.02 MATERIALS 86-1.02A General Anchor bolts, anchor bars or studs,and nuts and washers must comply with section 75-1.02. Bolt threads must accept galvanized standard nuts without requiring tools or causing removal of protective coatings. 86-1.02B Conduit and Accessories 86-1.02B(1) General Conduit and fittings must comply with the requirements shown in the following table: Technical Specifications 7 H.6.b Packet Pg. 76 At t a c h m e n t : 5 9 4 6 C o n t r a c t ( P r e s t o n S i g n a l M o d i f i c a t i o n N o t i c e o f C o m p l e t i o n ) Conduit and Fitting Requirements Type I Requirement 1 Must be hot-dip galvanized rigid steel complying with UL 6 and ANSI C80.1.The zinc coating must comply with copper sulfate test requirements in UL 6. Fittings must be electrogalvanized and certified under UL 514B. 2 Must comply with requirements for Type 1 conduit and be coated with PVC or polyethylene. The exterior thermoplastic coating must have a minimum thickness of 35 mils.The internal coating must have a minimum thickness of 2 mils.Coated conduit must comply with NEMA RN 1, or NRTL PVC-001. 3 Must be Type A, extruded,rigid PVC conduit complying with UL 651 or must be HDPE conduit complying with UL 651A. 4 Must have an inner, flexible metal core covered by a waterproof, nonmetallic, sunlight-resistant jacket, and must be UL listed for use as a grounding conductor. Fittings must be certified under UL 514B. 5 Must be intermediate steel complying with UL 1242 and ANSI C80.6.The zinc coating must comply with copper sulfate test requirements specified in UL 1242.Fittings must be electrogalvanized and certified under UL 514B. Bonding bushings installed on metal conduit must be insulated and either a galvanized or zinc-alloy type. 86-1.02C Pull Boxes 86-1.02C(1) General A pull box cover must have a nonskid surface. A metal pull box cover must include a fitting for a bonding conductor. A pull box cover must have a marking on the top that is: 1. Clearly defined 2. Uniform in depth 3. Parallel to the longer side 4. From 1 to 3 inches in height The cover marking must include one of the following: 1. SERVICE for service circuits between a service point and service disconnect 2. SERVICE IRRIGATION for circuits from a service equipment enclosure to an irrigation controller 3. SERVICE BOOSTER PUMP for circuits from a service equipment enclosure to the booster pump 4. TDC POWER for circuits from a service equipment enclosure to telephone demarcation cabinet 5. LIGHTING for a lighting system 6. SIGN ILLUMINATION for a sign illumination system 7. SIGNAL AND LIGHTING for a signal and lighting system 8. RAMP METER for a ramp metering system 9. TMS for a traffic monitoring station 10. FLASHING BEACON for a flashing beacon system 11. CMS for a changeable message sign system 12. INTERCONNECT for an interconnect conduit and cable system The load rating must be: 1. Stenciled or stamped on the inside and outside of the pull box 2. Stamped on the outside of the cover If a transformer or other device must be placed in the pull box, include recesses for a hanger. The hardware must be stainless steel containing 18 percent chromium and 8 percent nickel. Technical Specifications 8 H.6.b Packet Pg. 77 At t a c h m e n t : 5 9 4 6 C o n t r a c t ( P r e s t o n S i g n a l M o d i f i c a t i o n N o t i c e o f C o m p l e t i o n ) 86-1.02C(3) Traffic Pull Boxes A traffic pull box and cover must comply with AASHTO HS20-44 and AASHTO M 306. The frame must be anchored to the box. Nuts must be vibration-resistant,zinc-plated, carbon steel and have a wedge ramp at the root of the thread. For a cast iron cover or before galvanizing a steel cover,the manufacturer must apply the cover marking by one of the following methods: 1. Use a cast iron strip at least 1/4 inch thick with letters raised a minimum of l/16 inch. Fasten the strip to the cover with 1/4-inch, flathead, stainless steel machine bolts and nuts. Peen the bolts after tightening. 2. Use a sheet steel strip at least 0.027 inch thick with letters raised a minimum of 1/16 inch. Fasten the strip to the cover by spot welding, tack welding, or brazing with 1/4-inch stainless steel rivets or 1/4- inch,roundhead, stainless steel machine bolts and nuts.Peen the bolts after tightening. 3. Bead weld the letters on the cover such that the letters are raised a minimum of 3/32 inch. 4. Cast the logo into the cast iron cover. The steel cover must: 1. Be countersunk approximately 1/4 inch to accommodate the bolt head. When tightened,the hold down bolt head must be no more than 1/8 inch above the top of the cover. 2. Have slot holes for lifting with a guard under the cover to prevent entry of more than 3 inches below the bottom surface of the cover without deflection to protect the pull box contents. 86-1.02D Tapes 86-1.02D(2) Pull Tape Pull tape must be a flat,woven, lubricated, soft-fiber,polyester tape with a minimum tensile strength of 1,800 lb.The tape must have sequential measurement markings every 3 feet. 86-1.02F Conductors and Cables 86-1.02F(1) Conductors 86-1.02F(1)(c) Copper Conductors 86-1.02F(1)(c)(i) General Copper wire must comply with ASTM B3 and B8. Conductor must be clearly and permanently marked the entire length of its outer surface with: 1. Manufacturer's name or trademark 2. Insulation-type letter designation 3. Conductor size 4. Voltage 5. Temperature rating 6. Number of conductors for a cable The minimum insulation thickness and color code requirements must comply with NEC. A conductor must be UL listed or NRTL certified and rated for 600 V(ac).Insulation for no. 14 to no.4 conductors must be one ofthe following: 1. Type TW PVC under ASTM D2219 2. Type THW PVC Technical Specifcations 9 H.6.b Packet Pg. 78 At t a c h m e n t : 5 9 4 6 C o n t r a c t ( P r e s t o n S i g n a l M o d i f i c a t i o n N o t i c e o f C o m p l e t i o n ) 3. Type USE,RHH, or RHW cross-linked polyethylene The insulation for no. 2 and larger conductors must be one ofthe above or THWN. Conductors must be identified as shown in the following table: Technical Specifications 10 H.6.b Packet Pg. 79 At t a c h m e n t : 5 9 4 6 C o n t r a c t ( P r e s t o n S i g n a l M o d i f i c a t i o n N o t i c e o f C o m p l e t i o n ) Conductor Identification Identification insulation colors I Circuit Signal phase or function I Base IStripea Band symbols Size 2, 6 Red,yel,brn Blk 2, 6 14 4, 8 Red,yel,brn Ora 4, 8 14 Signals 1, 5 Red,yel,brn [None 1 1, 5 14 vehicle)a,b 3, 7 Red,yel,brn I Pur 1 3, 7 14 Ramp meter 1 Red,yel,brn [None I NBR 1 14 Ramp meter 2 Red,yel,brn I Blk [NBR 1 14 2p, 6p Red,brn Blk 2p, 6p 14 [ Pedestrian 4p, 8p Red,brn Ora [ 4p, 8p [ 14 signals 1p, 5p Red,brn None I 1p, 5p 1 14 3p, 7p Red,brn Pur I 3p, 7p 1 14 2p, 6p Blu Blk [P-2,P-6 1 14 Pedestrian push [ 4p, 8p Blu Ora 0-4,P-8 1 14 [ buttons 1p, 5p I Blu None P-1,P-5 1 14 3p, 7p Blu Pur [P-3,P-7 1 14 Traffic signal Pngrounded circuit controller ( Conductor Blk one CON-1 6 cabinet Grounded circuit conductor Wht one CON-2 1 6 Highway Ungrounded-line 1 1 Blk None I NBR 14 [ lighting pull [Ungrounded-line 2 1 Red None NBR 1 14 box to luminaire Grounded Wht one NBR 14 Multiple Ungrounded-line 1 1 Blk None I MLl 1 10 highway lighting Ungrounded-line 2 Red one ML2 10 Ungrounded-PEU Blk None C 1 14 Lighting control (Switching leg from PEU nit or SM transformer Red one C2 14 ngrounded-line 1 Service signals) Blk one NBR 6 Ungrounded-line 2 lighting) Red one NBR 8 Sign lighting [Ungrounded-line 1 1 Blk None I SL-1 10 [ Ungrounded-line 2 1 Red None I SL-2 10 [ Flashing Pngrounded between beacons Iflasher and beacons lRed or yel oneIF-Loc.' 14 Pedestrian push buttons [Wht Blk NBR 14 [ Signals and multiple Grounded Ilighting Wht one NBR 10 circuit lashing beacons and conductor sign lighting Wht one NBR 12 Lighting control I Wht Tone I C-3 14 Service I Wht None I NBR 14 Railroad preemption I Blk one R 14 Spares I Blk None I NBR 14 Technical Specifications 10 H.6.b Packet Pg. 80 At t a c h m e n t : 5 9 4 6 C o n t r a c t ( P r e s t o n S i g n a l M o d i f i c a t i o n N o t i c e o f C o m p l e t i o n ) NBR=No band required PEU=Photoelectric unit On overlaps,the insulation is striped for the 1 st phase in the designation,e.g.,phase(2+3)conductor is striped as for phase 2. bBand for overlap and special phases as required Flashing beacons having separate service do not require banding. dColor Code: Yel-Yellow,Brn-Brown,Blu-Blue,Blk-Black,Wht-White, Ora-Orange,Pur-Purple The insulation color must be homogeneous throughout the full depth ofthe insulation. The identification stripe must be continuous throughout the length of the conductor. 86-1.02F(1)(c)(ii) Bonding Jumpers and Equipment Grounding Conductors A bonding jumper must be copper wire or copper braid of the same cross-sectional area as a no. 8 conductor or larger. An equipment grounding conductor may be bare or insulated. 86-1.02F(2) Cables 86-1.02F(2)(d) Copper Cables 86-1.02F(2)(d)(ii) Conductors Signal Cables A conductors signal cable must have a black polyethylene jacket with an inner polyester binder sheath. The cable jacket must be rated for 600 V(ac) and 75 degrees C. Filler material, if used, must be polyethylene. The individual conductors in the cable must be solid copper complying with ASTM B286 with Type THWN insulation.The minimum thickness of insulation must comply with NEC for conductor sizes no. 14 to no.10. The minimum thickness of the nylon jacket must be 4 mils. Cable must comply with the requirements shown in the following table: Technical Specifications 11 H.6.b Packet Pg. 81 At t a c h m e n t : 5 9 4 6 C o n t r a c t ( P r e s t o n S i g n a l M o d i f i c a t i o n N o t i c e o f C o m p l e t i o n ) Cable Conductor Cable jacket thickness Maximum Conductor color code type quantity and (mils) nominal type Average Minimum outside diameter inch) 3CSC 3 no. 14 44 36 0.40 Blue/black,blue/orange, white/black stripe 5CSC 5 no. 14 44 36 0.50 Red,yellow,brown,black, white 9CSC 8 no. 14 60 48 0.65 No. 12-white, 1 no. 12 no. 14-red,yellow, brown,black, and red/black,yellow/black, brown/ black,white/black stripe 12CSC 11 no. 14 60 48 0.80 No. 12-white, 1 no. 12 no. 14-red,yellow, brown,red/black stripe, yellow/black stripe, brown/black stripe, black/red stripe, black/white stripe,black, red/white stripe, brown/white stripe 28CSC 27 no. 14 80 64 0.90 No. 10 -white 1 no. 10 no. 14-red/black stripe, yellow/black stripe, brown/black stripe, red/orange stripe, yellow/orange stripe, brown/orange stripe, red/silver stripe, yellow/silver stripe, brown/silver stripe, red/purple stripe, yellow/purple stripe, brown/purple stripe,red/2 black stripes,brown/2 black stripes,red/2 orange stripes,brown/2 orange stripes,red/2 silver stripes, brown/2 silver stripes, red/2 purple stripes, brown/2 purple stripes, blue/black stripe, blue/orange stripe, blue/silver stripe, blue/purple stripe, white/black stripe, black/red stripe,black Technical Specifications 12_ H.6.b Packet Pg. 82 At t a c h m e n t : 5 9 4 6 C o n t r a c t ( P r e s t o n S i g n a l M o d i f i c a t i o n N o t i c e o f C o m p l e t i o n ) 86-1.02G Equipment Identification Characters Equipment identification characters must be 2-1/2 inch, series D lettering, except on wood poles,they must be 3-inch lettering. The characters must be self-adhesive reflective labels or paint, except on wood poles,they must be embossed on aluminum. 86-1.02H Splicing Materials Splicing materials include: 1. Connectors 2. Electrical insulating coating 3. PVC electrical tape 4. Butyl rubber stretchable tape 5. PVC pressure-sensitive adhesive tape 6. Heat shrink tubing Connectors must be C-shaped compression or butt type. Electrical insulating coating must be a fast drying sealant with low nontoxic fumes. PVC electrical tape must have a minimum thickness of 80 mils. Butyl rubber stretchable tape with liner must have a minimum thickness of 120 mils. PVC pressure-sensitive adhesive electrical tape must have a minimum thickness of 6 mils. Electrical tapes must be self-fusing, oil- and flame-resistant, synthetic rubber and be UL listed or NRTL certified. Heat-shrink tubing must be made of irradiated polyolefin tubing with a minimum wall thickness of 40 mils before contraction and an adhesive mastic inner wall. When heated, the inner wall must melt and fill the crevices and interstices of the covered splice area and the outer wall must shrink to form a waterproof insulation. Heat-shrink tubing must comply with the requirements for extruded, insulating tubing at 600 V(ac) specified in UL Standard 468D and ANSI C119.1 and the requirements shown in the following table: Heat-Shrink Tubing Requirements Quality characteristic PZequirement Shrinkage ratio of supplied diameter'(max, %) 133 Oielectric strength(min,kV/in) 1350 Resistivity(min,K2/in) 5 x 1013 rfensile strength(min,psi) 000 Operating temperature(°C) 1-40-90 (135 °C in emergency) Water absorption(max, %) 10.5 When heated to 125 °C and allowed to cool to 25 °C 86-1.02I Connectors and Terminals A connector and terminal must comply with SAE-AS7928 and be a crimp type,rated for 600 V(ac) and either UL listed or NRTL certified. 86-1.02J Standards,Poles,Pedestals,and Posts Standards for signals, lighting, and flashing beacons, poles for closed circuit television, pedestals for cabinets, posts for extinguishable message sign and posts for pedestrian push button assemblies must comply with all applicable Caltrans and project standards. 86-1.02Q Cabinets 86- 1.02Q(1) General Cabinets must be factory wired except for battery backup system cabinets. The fasteners on the exterior of a cabinet, except for battery backup system cabinets, must be removable and vandal resistant. The exterior screws, nuts, bolts, and washers must be stainless steel. Terminal blocks, circuit breakers, and a power supply must be UL approved. Technical Specifications 13 H.6.b Packet Pg. 83 At t a c h m e n t : 5 9 4 6 C o n t r a c t ( P r e s t o n S i g n a l M o d i f i c a t i o n N o t i c e o f C o m p l e t i o n ) 86-1.02Q(2) Controller Cabinets A controller assembly consists of a Model 170E or 2070E controller unit with 2033 software, a wired controller cabinet, and all auxiliary equipment required to operate the system. Controller units shall be manufactured by McCain Inc. or approved equal. 86-1.02Q(3) Controller Cabinets New controller cabinets must be a Model 332L or Model 333L per plans and comply with TEES. The cabinet must have a minimum of 3 drawer shelves. Each shelf must be attached to the tops of 2 supporting angles with 4 screws. Controller cabinets shall be manufactured by McCain Inc. or approved equal. 86-1.02Q(5) Battery Backup System Cabinets The cabinet for a battery backup system must comply with TEES. 86-1.02S Pedestrian Signal Heads 86-1.02S(1) General A pedestrian signal head consists of a pedestrian signal mounting assembly and a pedestrian signal face comprising of a pedestrian signal housing, an LED countdown pedestrian signal face module, and a front screen. 86-1.02S(2) Pedestrian Signal Mounting Assemblies A pedestrian signal mounting assembly must comply with the specifications for a signal mounting assembly in section 86-1.02R, except mast arm slip fitters are not required. 86-1.02S(3) Pedestrian Signal Faces 86-1.02S(3)(a) General Each pedestrian signal face must include a light-duty terminal block rated at 5 A and have 12 positions with no. 6-by-1/8-inch binder head screws. Each position must have 1 screw-type terminal. The wiring and terminal block must comply with ITE publication ST-055-E, Pedestrian Traffic Control Signal Indicators: Light Emitting Diode(LED) Signal Modules. 86-1.02S(3)(b) Pedestrian Signal Housings Pedestrian signal housing must comply with the specifications for a signal housing in 86-1.02R(4)(a)(iii), except the maximum overall dimensions must be 18-1/2 inches wide, 19 inches high, and 11-1/2 inches deep and without: 1. Visor 2. Watertight module or lens mounted in the door 3. Reinforcement plates The housing must have a terminal block attached to the back.The terminal block must have enough positions to accommodate all indications. Each position must be permanently labeled for the indications used. 86-1.02S(3)(c) LED Countdown Pedestrian Signal Face Modules An LED countdown PSF module must comply with ITE publication ST-055-E,Pedestrian Traffic Control Signal Indicators: Light Emitting Diode(LED) Signal Modules,except the material must comply with ASTM D3935 and the module must have: 1. Ultra-bright-type LED rated for 100,000 hours of continuous operation. 2. Lot number and month and year of manufacture permanently marked on the back of the module Technical Specifications 14 H.6.b Packet Pg. 84 At t a c h m e n t : 5 9 4 6 C o n t r a c t ( P r e s t o n S i g n a l M o d i f i c a t i o n N o t i c e o f C o m p l e t i o n ) 3. Prominent and permanent vertical markings for accurate indexing and orientation within the pedestrian signal housing if a specific mounting orientation is required. Markings must be a minimum of 1 inch in height and include an up arrow and the word up or top. 4. Circuit board complying with TEES, chapter 1, section 6. Individual LEDs must be wired such that a loss or failure of 1 LED will not result in a loss of more than 5 percent of the module's light output. Failure of an individual LED in a string must not result in a loss of an entire string or other indication. Each symbol must be at least 9 inches high and 5-1/4 inches wide. The 2- digit countdown timer, Upraised Hand, and Walking Person indications must be electronically isolated from each other. The 3 indications must not share a power supply or interconnect circuitry. The module must operate over the specified ambient temperature and voltage range and be readable both day and night at distances up to the full width of the area to be crossed. Upon initial testing at 25 degrees C, the module must have at least the luminance values shown in the following table: Luminance Values PSF module symbol ILuminance Upraised hand and 2- 1,094 digit countdown timer fL) Walking person UP 1 1,547 1 The module must not exceed the power consumption requirements shown in the following table: Maximum Power Consumption Requirements PSF module display At 24°C At 74°C Upraised Hand 110.0 W 112.0 W Walking Person 19.0 W 112.0 W 12-digit countdown timer 16.0 W 18.0 W If the pedestrian change interval is interrupted, then the 2-digit countdown timer and display must reset to the full pedestrian change interval before being initiated the next time. The 2-digit countdown display on the PSF module must go dark within a second after displaying"0". 86-1.02S(3)(d) Front Screen Pedestrian signal face must have a front screen that is one of the following types: 1. 3/ 8-inch-thick aluminum honeycomb screen with 0.2-inch-wide cells or a 1/2-inch-thick plastic screen with 3/ 8-inch-wide squares with 1/16-inch wall thickness that: 1.1. Is installed so it tilts downward at an angle of 15 f 2 degrees from the top and completely covers the message plate. 1.2. Includes a clear front cover made of either a minimum 1/8-inch-thick acrylic plastic sheet or a minimum 1/1 6-inch-thick polycarbonate plastic. 1.3. Is held firmly in place, including the cover,with stainless steel or aluminum clips or stainless steel metal screws. 2. Polycarbonate screen that: 2.1. Has a nominal thickness of 1/32 inch. 2.2. Is a 1-1/2-inch-deep eggcrate or Z-crate type. 2.3. Is mounted in a frame constructed of aluminum alloy or polycarbonate with a minimum thickness of 0.040 inch. 2.4. Is held in place with stainless steel screws. The screen and frame of a pedestrian signal face must be made of either(1)plastic that is a flat black color or(2) anodized aluminum that is a flat black color or finished with lusterless,black, exterior-grade latex paint formulated for application to metal surfaces. Technical Specifications 15 H.6.b Packet Pg. 85 At t a c h m e n t : 5 9 4 6 C o n t r a c t ( P r e s t o n S i g n a l M o d i f i c a t i o n N o t i c e o f C o m p l e t i o n ) SECTION 87—ELECTRICAL SYSTEMS 87-1.01 GENERAL 87-1.O1A Summary Section 87 includes general specifications for constructing and installing electrical systems. Before shipping the material to the job site, submit to City equipment submittals of: 1. Accessible pedestrian signals 2. LED countdown pedestrian signal face modules 3. Traffic Signal Controllers 4. Traffic Signal Controller Cabinets 5. Vehicle detection systems 87-1.03 CONSTRUCTION 87-1.03A General The Engineer determines the final locations of electrical systems. Notify the Engineer before performing work on the existing system.You may shut down the system for alteration or removal. Notify the Engineer immediately if an existing facility is damaged by your activities. If existing underground conduit is to be incorporated into a new system, clean it with a mandrel or cylindrical wire brush and blow it clean with compressed air. Limit the shutdown of traffic signal systems to normal working hours. Notify the local traffic enforcement agency before shutting down the signal. Place temporary W34 and Rl-1 signs in each direction to direct traffic through the intersection during shutdown of the signal. Place two Rl-1 signs for 2-lane approaches. The signs must comply with part 2 of the California MUTCD. Cover signal faces when the system is shut down overnight. Cover temporary W34 and RI-1 signs when the system is turned on. If you work on an existing lighting system and the roadway is to remain open to traffic, ensure the system is in operation by nightfall. Replace detectors you damage within 72 hours. Work performed on an existing system not described is change order work. Do not use electrical power from existing highway facilities unless authorized. Maintain a minimum 48-inch clearance for a pedestrian pathway when placing equipment. Except for service installation or work on service equipment enclosures, do not work above ground until all materials are on hand to complete the electrical work at each location. If you damage any portion of a concrete curb, sidewalk, curb ramp,.driveway, or gutter depression, replace the entire section between contraction or expansion joints under section 73. Apply equipment identification characters. Orient louvers, visors, and signal faces such that they are clearly visible to approaching traffic from the direction being controlled. Test loops and the detector lead-in cable circuit for continuity, ground, and insulation resistance at the controller cabinet before connecting detector lead-in cable to the terminal block. Perform an operational test of the systems. Before starting the operational test for systems that impact traffic, the system must be ready for operation, and all signs, pavement delineation, and pavement markings must be in place at that location. 87-1.0313 Conduit Installation 87-1.03B(1) General The installation of conduit includes installing caps, bushings, and pull tape and terminating the conduit in pull boxes, foundations, poles, or a structure. Limit the number of bends in a conduit run to no more than 360 degrees between pull points. Use conduit to enclose conductors except where they are installed overhead or inside standards or posts. You may use a larger size conduit than specified for the entire length between termination points.Do not use a reducing coupling. Technical Specifications 16 H.6.b Packet Pg. 86 At t a c h m e n t : 5 9 4 6 C o n t r a c t ( P r e s t o n S i g n a l M o d i f i c a t i o n N o t i c e o f C o m p l e t i o n ) Extend an existing conduit using the same material. Terminate conduits of different materials in a pull box. Install 2 conduits between a controller cabinet and the adjacent pull box. Use a minimum trade size of conduit of- 1. 1-1/2 inches from an electrolier to the adjacent pull box 2. 1 inch from a pedestrian push button post to the adjacent pull box 3. 2 inches from a signal standard to the adjacent pull box 4. 3 inches from a controller cabinet to the adjacent pull box 5. 2 inches from an overhead sign to the adjacent pull box 6. 2 inches from a service equipment enclosure to the adjacent pull box 7. 1-1/2 inches ifunspecified Use Type 1 conduit: 1. On all exposed surfaces 2. In concrete structures 3. Between a structure and the nearest pull box Ream the ends of shop-cut and field-cut conduit to remove burrs and rough edges. Make the cuts square and true. Do not use slip joints and running threads to couple conduit. If a standard coupling cannot be used for metal-type conduit, use a threaded union coupling. Tighten the couplings for metal conduit to maintain a good electrical connection. Cap the ends of conduit to prevent debris from entering before installing the conductors or cables. Use a plastic cap for Type 1, 2, and 5 conduits and a standard pipe cap for all other types of conduit. For Type 1, 2, and 5 conduits, use threaded bushings and bond them using a jumper. For other types of conduit, use nonmetallic bushings. Do not install new conduit through foundations. Cut Type 2 conduit with pipe cutters; do not use hacksaws. Use standard conduit-threading dies for threading conduit.Tighten conduit into couplings or fittings using strap wrenches or approved groove joint pliers. Cut Type 3 conduit with tools that do not deform the conduit.Use a solvent weld for connections. Protect shop-cut threads from corrosion under the standards shown in the following table: Shop-Cut Thread Corrosion Protection Conduit Standard rrypes 1 and 2 ANSI C80.1 rrype 5 ANSI C80.6 Apply 2 coats of unthinned, organic zinc-rich primer to metal conduit before painting. Use a primer on the Caltrans Authorized Material List for organic zinc-rich primers. Do not use aerosol cans. Do not remove shop-installed conduit couplings. For conduits,paint: 1. All exposed threads 2. Field-cut threads,before installing conduit couplings to metal conduit 3. Damaged surfaces on metal conduit If a Type 2 conduit or conduit coupling coating is damaged: 1. Clean the conduit or fitting and paint it with 1 coat of rubber-resin-based adhesive under the manufacturer's instructions 2. Wrap the damaged coating with at least 1 layer of 2-inch-wide, 20 mils-minimum-thickness, PVC tape under ASTM D1000 with a minimum tape overlap of 1/2 inch You may repair damaged spots of 1/4 inch or less in diameter in the thermoplastic coating by painting with a brushing-type compound supplied by the conduit manufacturer. If factory bends are not used, bend the conduit to a radius no less than 6 times its inside diameter without crimping or flattening it. Comply with the bending requirements shown in the following table: Technical Specifications 17 H.6.b Packet Pg. 87 At t a c h m e n t : 5 9 4 6 C o n t r a c t ( P r e s t o n S i g n a l M o d i f i c a t i o n N o t i c e o f C o m p l e t i o n ) Conduit-Bending Requirements Type Requirement 1 Use equipment and methods under the conduit manufacturer's instructions. 2 sea standard bending tool designed for use on thermoplastic-coated conduit.The 1conduitmustbefreeofburrsandpits. 3 se equipment and methods under the conduit manufacturer's instructions.Do not lleexposetheconduittoadirectflame. 5 Use equipment and methods under the conduit manufacturer's instructions. Install pull tape with at least 2 feet of slack in each end of the conduit that will remain empty. Attach the tape's ends to the conduit. Install conduit terminating in a standard or pedestal from 2 to 3 inches above the foundation. Slope the conduit toward the handhole opening. Terminate conduit installed through the bottom of a nonmetallic pull box 2 inches above the bottom and 2 inches from the wall closest to the direction of the run. 87-1.03B(3) Conduit Installation Underground 87-1.03B(3)(a) General Install conduit to a depth of- 1. 14 inches for the trench-in-pavement method 2. 18 inches,minimum,under sidewalk and curbed paved median areas 3. 42 inches,minimum,below the bottom of the rail of railroad tracks 4. 30 inches,minimum, everywhere else below grade Place conduit couplings at a minimum of 6 inches from the face of a foundation. Place a minimum of 2 inches of sand bedding in a trench before installing Type 2 or Type 3 conduit and 4 inches of sand bedding over the conduit before placing additional backfill material. If installing conduit within the limits of hazardous locations as specified in NEC for Class I, division 1, install and seal Type 1 or Type 2 conduit with explosion-proof sealing fittings. 87-1.03B(3)(b) Conduit Installation under Paved Surfaces You may lay conduit on existing pavement within a new curbed median constructed on top. Install conduit under existing pavement by either the horizontal directional drill method or jack and drill method.You may use the trench-in-pavement method for either of the following conditions: 1. If conduit is to be installed behind the curb under the sidewalk 2. If the delay to vehicles will be less than 5 minutes 87-1.03B(5) Conduit Installation by the Jack and Drill Method Keep the jacking or drilling pit 2 feet away from the pavement's edge. Do not weaken the pavement or soften the subgrade with excessive use of water. If an obstruction is encountered, obtain authorization to cut small holes in the pavement to locate or remove the obstruction. You may install Type 2 or Type 3 conduit under the pavement if a hole larger than the conduit's diameter is predrilled. The predrilled hole must be less than one and half the conduit's diameter. Remove the conduit used for drilling or jacking and install new conduit for the completed work. 87-1.03B(6) Conduit Installation by the Trenching-In-Pavement Method Install conduit by the trenching-in-pavement method using a trench approximately 2 inches wider than the conduit's outside diameter but not exceeding 6 inches in width. Where additional pavement is to be placed, you must complete the trenching before the final pavement layer is applied. If the conduit shown is to be installed under the sidewalk, you may install it in the street within 3 feet of and parallel to the face of the TechnicalSpecifcations 18 H.6.b Packet Pg. 88 At t a c h m e n t : 5 9 4 6 C o n t r a c t ( P r e s t o n S i g n a l M o d i f i c a t i o n N o t i c e o f C o m p l e t i o n ) curb. Install pull boxes behind the curb. Cut the trench using a rock-cutting excavator. Minimize the shatter outside the removal area of the trench. Dig the trench by hand to the required depth at pull boxes. Place conduit in the trench. Backfill the trench with minor concrete to the pavement's surface by the end of each work day. If the trench is in asphalt concrete pavement and no additional pavement is to be placed, backfill the top 0.10 foot of the trench with minor HMA within 3 days after trenching. 87-1.03C Installation of Pull Boxes 87-1.03C(1) General Install pull boxes no more than 200 feet apart. You may install larger pull boxes than specified or shown and additional pull boxes to facilitate the work except in structures. Install a pull box on a bed of crushed rock and grout it before installing conductors. The grout must be from 0.5 to 1 inch thick and sloped toward the drain hole. Place a layer of roofing paper between the grout and the crushed rock sump. Make a 1-inch drain hole through the grout at the center of the pull box. Set the pull box such that the top is 1- 1/4 inches above the surrounding grade in unpaved areas and leveled with the finished grade in sidewalks and other paved areas. Place the cover on the box when not working in it. Grout around conduits that are installed through the sides of the pull box. Bond and ground the metallic conduit before installing conductors and cables in the conduit. Bond metallic conduits in a nonmetallic pull box using bonding bushings and bonding jumpers. Do not install pull boxes in concrete pads, curb ramps, or driveways. Reconstruct the sump of a pull box if disturbed by your activities.If the sump was grouted,remove and replace the grout. 87-1.03C(2) Nontraffic Pull Boxes If you bury a nontraffic pull box, set the box such that the top is 6 to 8 inches below the surrounding grade. Place a 20-mil-thick plastic sheet made of HDPE or PVC virgin compounds to prevent water from entering the box. Place mortar between a nontraffic pull box and a pull box extension. Where a nontraffic pull box is in the vicinity of curb in an unpaved area, place the box adjacent to the back of the curb if practical. Where a nontraffic pull box is adjacent to a post or standard, place the box within 5 feet downstream from traffic if practical. If you replace the cover on a nontraffic pull box,anchor it to the box. 87-1.03C(3) Traffic Pull Boxes Place minor concrete around and under a traffic pull box. Bolt the steel cover to the box when not working in it. Bond the steel cover to the conduit with a jumper and bolt it down after installing the conductors and cables. 87-1.03E Excavating and Backfilling for Electrical Systems 87-1.03E(1) General Notify the Engineer at least 72 hours before starting excavation activities. Dispose of surplus excavated material. Restrict.closures for excavation on a street or highway to 1 lane at a time unless otherwise specified. 87-1.03E(2) Trenching Dig a trench for the electrical conduits.Do not excavate until the installation of the conduit. Place excavated material in a location that will not interfere with traffic or surface drainage. After placing the conduit, backfill the trench with the excavated material. Compact the backfill placed within the hinge points and in areas where pavement is to be constructed to a minimum relative compaction of 95 percent. Restore the sidewalks, pavement, and landscaping at a location before starting excavation at another location. Technical Specifications 19 H.6.b Packet Pg. 89 At t a c h m e n t : 5 9 4 6 C o n t r a c t ( P r e s t o n S i g n a l M o d i f i c a t i o n N o t i c e o f C o m p l e t i o n ) 87-1.03E(3) Concrete Pads,Foundations,and Pedestals Construct foundations for standards,poles,metal pedestals, and posts under section 56-3. Construct concrete pads, foundations, and pedestals for controller cabinets, telephone demarcation cabinets, and service equipment enclosures on firm ground. Install anchor bolts using a template to provide proper spacing and alignment. Moisten the forms and ground before placing the concrete. Keep the forms in place until the concrete sets for at least 24 hours to prevent damage to the surface. Use minor concrete for pads, foundations, and pedestals. In unpaved areas, place the top of the foundation 6 inches above the surrounding grade, except place the top: 1. 1 foot 6 inches above the grade for Type M and 336L cabinets 2. 1 foot 8 inches above the grade for Type C telephone demarcation cabinets 3. 2 inches above the grade for Type G and Type A cabinets and Type III service equipment enclosures The pad must be 2 inches above the surrounding grade. In and adjacent to the sidewalk and other paved areas,place the top of the foundation 4 inches above the surrounding grade, except place the top: 1. 1 foot 6 inches above the grade for Type M and 336L cabinets 2. 1 foot 8 inches above the grade for Type C telephone demarcation cabinets 3. Level with the finished grade for Type G and Type A cabinets and Type III service equipment enclosures The pad must be level with the finished grade.Apply an ordinary surface finish under section 51-1.03F. Allow the foundation to cure for at least 7 days before installing any equipment. 87-1.03F Conductors and Cable Installations 87-1.03F(1) General The installation of conductors and cables includes splicing conductors and attaching the terminals and connectors to the conductors. Clean the conduit and pull all conductors and cables as a unit. If new conductors or cables are to be added in an existing conduit: 1 Remove the content 2. Clean the conduit 3. Pull both old and new conductors and cables as a unit Wrap conductors and secure cables to the end of the conduit in a pull box. Seal the ends of conduits with a sealing compound after installing conductors or cables. Neatly arrange conductors and cables inside pull boxes and cabinets. Tie the conductors and cables together with self-clinching nylon cable ties or enclose them in a plastic tubing or raceway. Identify conductors and cables by direct labeling, tags, or bands fastened in such a way that they will not move. Use mechanical methods for labeling. Provide band symbol identification on each conductor or each group of conductors comprising a signal phase in each pull box and near the end of terminated conductors. Tape the ends of unused conductors and cables in pull boxes to form a watertight seal. Do not connect the push-button or accessible pedestrian signal neutral conductor to the signal neutral conductor. 87-1.03F(2) Cables 87-1.03F(2)(c) Copper Cables 87-1.03F(2)(c)(iii) Conductors Signal Cables Do not splice signal cables except for a 28-conductor cable.Provide identification at the ends of terminated conductors in a cable as shown. Provide identification for each cable in each pull box showing the signal Technical Specifications 20 H.6.b Packet Pg. 90 At t a c h m e n t : 5 9 4 6 C o n t r a c t ( P r e s t o n S i g n a l M o d i f i c a t i o n N o t i c e o f C o m p l e t i o n ) standard to which it is connected except for the 28-conductor cable. Connect conductors in a 12-conductor cable as shown in the following table: 12CSC Color Code and Functional Connection Color code I Termination Phase Red Red signal 12, 4, 6, or 8 1 Yellow Yellow signal 2, 4, 6, or 8 1 Brown IGreen signal 2, 4, 6, or 8 1 PRed/black stripe Red signal 11, 3, 5, or 7 1 Yellow/black stripe Yellow signal 11, 3, 5, or 7 1 Orown/black stripe lGreen signal 11, 3, 5, or 7 1 lack/red stripe re or as required for red or DONTSpare Olack/white stripe ISpare or as required for yellow Olack ISpare or as required for green or WALK Red/white stripe Pedestrian signal DONT WALK Orown/white stripe Pedestrian signal WALK I White rrerminal block Neutral Provide identification for each 28-conductor cable C1 or C2 in each pull box. The cable labeled C1 must be used for signal phases 1, 2, 3, and 4. The cable labeled C2 must be used for signal phases 5, 6, 7, and 8. Connect conductors in a 28-conductor cable as shown in the following table: Technical Specifications 21 H.6.b Packet Pg. 91 At t a c h m e n t : 5 9 4 6 C o n t r a c t ( P r e s t o n S i g n a l M o d i f i c a t i o n N o t i c e o f C o m p l e t i o n ) 28CSC Color Code and Functional Connection Color code I Termination Phase Red/black stripe Red signal 12 or 6 Yellow/black stripe Yellow signal 12 or 6 Brown/black stripe lGreen signal 12 or 6 Red/orange stripe Red signal 14 or 8 Yellow/orange stripe [Yellow signal 14 or 8 Brown/orange stripe lGreen signal 14 or 8 Red/silver stripe Red signal 11 or 5 Yellow/silver stripe Yellow signal 11 or 5 Brown/silver stripe lGreen signal 11 or 5 Red/purple stripe Red signal 13 or 7 Yellow/purple stripe [Yellow signal 13 or 7 Brown/purple stripe Green signal 13 or 7 Red/2 black stripes Pedestrian signal DONT WALK 12 or 6 Brown/2 black stripes Pedestrian signal WALK 12 or 6 Red/2 orange stripes Pedestrian signal DONT WALK 14 or 8 Brown/2 orange stripes [Pedestrian signal WALK 14 or 8 Red/2 silver stripes Overlap A, C OLAa, OI,Ca rown/2 silver stripes Overlap A, C OLA°,IOLCc ed/2 purple stripes Overlap B,D OLBa,IOLDa rown/2 purple stripes Overlap B,D OLB°, OLI)c Blue/black stripe Pedestrian push button 12 or 6 1 Blue/orange stripe Pedestrian push button 14 or 8 1 Blue/silver stripe Overlap A, C OLAb, 01,Cb lue/purple stripe Overlap B,D OLBb, OLDb White/black stripe Pedestrian push button common Black/red stripe Railroad preemption Black Spare White ITerminal block Neutral OL=Overlap; A,B, C, and D=Overlapping phase designation aFor red phase designation bFor yellow phase designation Tor green phase designation Use the neutral conductor only with the phases associated with that cable.Do not intermix neutral conductors from different cables except at the signal controller. 87-1.03F(3) Conductors 87-1.03F(3)(a) General Do not run conductors to a terminal block on a standard unless they are to be connected to a signal head mounted on that standard. Provide 3 spare conductors in all conduits containing ramp metering and traffic signal conductors. Install a separate conductor for each terminal of a push button assembly and accessible pedestrian signal.Provide conductor slack to comply with the requirements shown in the following table: Technical Specifications 22 H.6.b Packet Pg. 92 At t a c h m e n t : 5 9 4 6 C o n t r a c t ( P r e s t o n S i g n a l M o d i f i c a t i o n N o t i c e o f C o m p l e t i o n ) Conductor Slack Requirements Location ISlack(feet) Signal standard I 1 Lighting standard 1 1 Signal and lighting standard 1 1 Pull box 3 Splice 3 Standards with slip base 0 87-1.03F(3)(c) Copper Conductors 87-1.03F(3)(c)(i) General Install a minimum no. 8, bare, grounding copper conductor in conduit and connect it to all-metal components. Where conductors from different service points occupy the same conduit or standard, enclose the conductors from one of the services in flexible or rigid metal conduit. 87-1.03F(4) Manual Installation Method Use an inert lubricant for placing conductors and cables in conduit. Pull the conductors and cables into the conduit by hand using pull tape. 87-1.03G Equipment Identification Characters The Engineer provides you with a list of the equipment identification characters. Stencil the characters or apply the reflective self-adhesive labels to a clean surface.Treat the edges of self-adhesive characters with an edge sealant.Place the characters on the side facing traffic on: 1. Front doors of cabinets and service equipment enclosures. 2. Wood poles, fastened with 1-1/4-inch aluminum nails,for pole mounted enclosures 3. Adjacent bent or abutment at approximately the same station as an illuminated sign or soffit luminaire 4. Underside of the structure adjacent to the illuminated sign or soffit luminaire if no bent or abutment exists nearby 5. Posts of overhead signs 6. Standards Before placing new characters on existing or relocated equipment,remove the existing characters. 87-1.03H Conductor and Cables Splices 87-1.03H(1) General You may splice: 1. Grounded conductors in a pull box 2. Accessible pedestrian signal and push bottom conductors in a pull box 3. Ungrounded signal conductors in a pull box if signals are modified 4. Ungrounded signal conductors to a terminal compartment or a signal head on a standard with conductors of the same phase in the pull box adjacent to the standard 5. Ungrounded lighting circuit conductors in a pull box if lighting circuits are modified Solder all copper conductor splices using the hot iron,pouring, or dipping method.Do not perform open- flame soldering. Technical Specifications 23 H.6.b Packet Pg. 93 At t a c h m e n t : 5 9 4 6 C o n t r a c t ( P r e s t o n S i g n a l M o d i f i c a t i o n N o t i c e o f C o m p l e t i o n ) 87-1.03H(2) Splice Insulation Methods Insulate splices in a multiconductor cable to form a watertight joint and to prevent moisture absorption by the cable.Use heat-shrink tubing or Method B to insulate a splice.Use heat-shrink tubing as follows: 1. Cover the splice area completely with an electrical insulating coating and allow it to dry. 2. Place mastic around each conductor before placing them inside the tubing. Use the type of mastic specified in the tubing manufacturer's instructions. 3. Heat the area under the manufacturer's instructions.Do not perform open-flame heating. After contraction, each end of the heat-shrink tubing or the open end of the tubing's end cap must overlap the conductor insulation at least 1-1/2 inches. 4. Cover the entire splice with an electrical insulating coating and allow it to dry. Use Method B as follows: 1. Cover the splice area completely with an electrical insulating coating and allow it to dry. 2. Apply 3 layers ofhalf-lapped, 80-mils,PVC tape. 3. Apply 2 layers of 120-mils,butyl-rubber, stretchable tape with liner. 4. Apply 3 layers of half-lapped, 6-mils, PVC,pressure-sensitive, adhesive tape. 5. Cover the entire splice with an electrical insulating coating and allow it to dry. 87-1.03I Connectors and Terminals Apply connectors and terminals to cables and conductors using a crimping compression tool under the manufacturer's instructions. The tool must prevent opening of the handles until the crimp is completed. Install crimp-style terminal lugs on stranded conductors smaller than no. 14. Solder no. 8 and smaller copper conductors to connectors and terminal lugs. 87-1.03Q Cabinets 87-1.03Q General Installing a cabinet includes constructing the foundation and pad and installing conduit, adjacent pull boxes, and grounding electrode. Existing cabinets to be replaced shall be removed and salvaged to the City yard. Existing cabinet foundations shall be protected in place. Damage to the foundation that occurs during the course of construction shall be repaired by the contractor. New cabinets shall be McCain model 332L or 333L cabinets as specified on plans or approved equal. New cabinets shall be outfitted with all standard electrical, lighting, and ventilation per manufacturer specifications. New cabinets installed on existing foundations shall fit on existing foundations and bolts with minimal adjustment. The use of adaptor plates is acceptable, but edges shall be flush with cabinet and foundation with no gaps. Apply a mastic or caulking compound before installing the cabinet on the foundation to seal the openings. Connect the field wiring to the terminal blocks in the cabinet. Neatly arrange and lace or enclose the conductors in plastic tubing or raceway. Terminate the conductors with properly sized captive or spring spade terminals. Apply a crimp-style connector and solder them. Install and solder a spade-type terminal on no. 12 and smaller field conductors and a spade-type or ring-type terminal on conductors larger than no. 12. Technical Specifications 24 H.6.b Packet Pg. 94 At t a c h m e n t : 5 9 4 6 C o n t r a c t ( P r e s t o n S i g n a l M o d i f i c a t i o n N o t i c e o f C o m p l e t i o n ) 87-4 SIGNAL AND LIGHTING SYSTEMS 87-4.01 GENERAL 87-4.01A Summary Section 87-4 includes specifications for constructing signal and lighting systems. Signal and lighting system includes: 1. Foundations 2. Pull boxes 3. Conduit 4. Conductors 5. Cables 6. Standards 7. Signal heads S. Internally illuminated street name signs 9. Service equipment enclosure 10. Controller assembly 11. Detectors 12. Telephone demarcation cabinet 13. Accessible pedestrian signals 14. Push button assemblies 15. Pedestrian signal heads 16. Luminaires 17. Photoelectric control 18. Fuse splice connectors 19. Battery backup system 20. Flashing beacons 21. Flashing beacon control assembly The components of a signal and lighting system are shown on the project plans. Payment Method: "TRAFFIC SIGNAL,LIGHTING&ELECTRICAL SYSTEM" The contract Lump Sum price paid for each intersection in the bid summary shall include full compensation for furnishing all labor, materials, tools, equipment, pole and/or mast arm mounted regulatory signs, documents and incidents, programming, testing, potholing required for utility verification prior to all conduit installation and for doing all the work specified herein, elsewhere in these Special Provisions, and plans including the complete installation of an operational traffic signal and lighting system and no additional compensation shall be allowed therefor. END OF SECTION 01247.0006/607871.3 B-1 H.6.b Packet Pg. 95 At t a c h m e n t : 5 9 4 6 C o n t r a c t ( P r e s t o n S i g n a l M o d i f i c a t i o n N o t i c e o f C o m p l e t i o n ) o_ NA J o 77UMCSIGNAL MODIUCA77ONPLANFOR CD CITY OF GRAND TERRACE N0 BARTONROAD AND PRESTONBTREET0000 lulltaliICI lal, j VIpIN MAP la l•;I i SHEET 2 7RAFFIC SIG NAL YODIfIC ATIDN iai y L[NERAL TRITFIC SICNIL N016:I I j apixE umi.r Yvm,M4 xm urzar mlY+,aim+urr I ,I 'I' ' rnn m9 rt wasrwAis,Nrre aivct xuMol ivieetmw xwaa svu pD , ' wxmae m r¢xNxr,osamC(PxA Na xvP 1pAt Qt1 8 _>.,.. . I wY:eowma m¢imx 0 1.xrlu;_t;Q, ,MLw I oa ml nQl axxmYNa+ j I; I I 1'T'1W wu em,sumo m,vu[e ssuu.mrneaw vmaT[ n uazs„x swu s+®.a+a M I N r+n YY„NxE.YRYN rwmrt mnn,t at ')°`° a YID YmD axe Inc Nmxur'"utm rm'i+an mmu'sn'v N°am+'i'c wl,ea°'"ml,°u o wMnn n.nro,wtc aaxi mnnmuu N.tnawur wurruim mar xwc sma mraMva v novas rNP axe2 ulw INDEI!YAP W EDamsswiairraavw+.urxa mx,rYnaP ncvc>.a Y,luc enra sans!.,a 1°iw®araavaN"A--xm.s°wL az v®raw+ uin"cu. a D rawutm a mn x1-w,a swa2v`:o+.awwao,:cry„Nash axa N.w muR.m wu,ma Yw,ff NMmm n u mMR m rM,.I,mon. uarlcE TD mNTRAcraasx ,nirivixAo wan¢slMxr+axnN+ itt 3 mmxiE r,E+Exsrorawunaa Na war,rt mxavoxs vamo+olri luwL m at+ss,E mx wwEs oalwen o¢rD r,lwlu wutE Na asNC mx Nm.wP awA xuxN+Na MQ caam Mortar-Iwr au+nt ru nKs. w 9w,M m2 IM art,amxalr NL vAwD,rQ.a tlaE swu a no sratnua or w, M:a,x .a a n<D.,,a °°""' Mwws.m.!tre dMn YORar_.,,xawm rlu MaYsm+v TME mDxEDL II.mrR0.rLMA 9Wl mRar NO IYfIMI TMK 9GtV.fOWM[IIr.1—90.6 NN,9T')LE Mm.1 rmrwnaG m iwt u nE iuu[ yySli[xl PPTma6 NN,Nwr xrPianp m r,m[tt Nn vixen uxo aiPxn.wP Nrt Dmw uro rm awn+ ataYLLAN)C SCVL NO Fl6+MGN mxaun R•YNYN a 2 Ri rMM rLt[0.WE M 1tVnl1 RQa iD H R(N0.@ WaL B@I IMIFA a 1N[4 PW8 NMWI)NE fa)nVtld a m vNx 8 Ia.Dal&ela s q/6 narC 59,N mntwtax GBxQ NO SEPA¢4arEi N AYIxMN M 16 r¢T R02MM ROWN.M Lp+IMCip+6 Ywtmus(Iamanr.m¢arrg msa0.n0.1N.WRWCIDR SMll SYM)RNRL 9aNL iWG 91QI5 m E PCnCG lOR M,£V ND NVwN RaOx m mrnRCtM e m B+LnLL•YNOr+aT N+0MM art Ix uailQY+lwa rtaRx s ln x c9vw5.air1Grax trMlr ruO vYw 9WL WfOcl iD RvmtLr 1FA W+YnW 3} p$ Dnp Q/,r Q. e[erxwwN:VA I CITY OF GRAND TERRACE sru I 1 I scu-v+GUEw 9 ll Y E R T PPPW[-, C NVRA IX TERRACE I r mm,a n„ m F GRANS TERRANCiE ao-B aoe , TRAFFlC SIGNAL D PMMATIDNRNRa!RWII N! RESttIu smm u SGNE: m FiILOIFFA PE 0.GE CA G_ r s r n,wr P.-ED W. R.C.E r,l. R)668 TIRE SxEET IfItE N0.:ouu.••I k 1•-LI' M. NCR WK aFSOiN Bl: xl SL roNxN @[ vmn+ SL O+EUaO BY: nq. rI rPRcm DP awm tvauc I.a tsa+Ds snEQ 1 OF 2 H.6.b Packet Pg. 96 At t a c h m e n t : 5 9 4 6 C o n t r a c t ( P r e s t o n S i g n a l M o d i f i c a t i o n N o t i c e o f C o m p l e t i o n ) o_ NAa I coxWnG9 scxzouLE I POLE SCHEDD. I RUrS I I STMJDARD WN. I SIGa&WBIJIVJG I i4B LO ,, ISM umm I IL\ILI INI PE I II ` I I I I I WAD. A010.Xn E06, LCa WUCLE lRH1aE PFD PNSE OIoI 19-2-]0 Jtl Jtl I 15 I - I TDw I MAWI SY-1-T SP-,-T I B E E—M I14utC1,6LQrr 1-• D ,-A 10'N-1-T SP-1-T E S EN9RNC JOr-J6Z)POLE FIACEMSENT D[TAIL PPB DDd01iAN,DETAIL J G w /1//[ u[ I lol I I - I I I I - IN IOC I 1]_2-]0 Jtl YO I 1S' I - ]CW I YAS I SM-,-] SP-,-, I N S E>,GNIG I eoxan Rn I JI]zB 1` I©I 19-x 121YI JG I IS' I I ,Gw I MRp>I r_z_u I SP_2 I D I I EmVW I—s*,. p DW e3oE;EE,Gw i i _ I©I 17-2-M W I E0•I I9' I I ]Dw I M45 I 511-2-To I S-2-1 10 I w l ESGI B4X R l B QUEcM` i - -- °O°C ALL M.-EJ—vaESS.—SE NGM, O EVA _ I _ I 1 1 -uL c,-EcoI"wxclE 1 q[IS rE DETAIL'A' DETAIL'N' Lyp)vsLEl115M15BENSTALLEDOIlSDLNOITARMPERRMASiDfWDrlttSTMIbAOPWI19W. II• TM '5-SECTION SIGNAL HEAD 5-SECTION SIGNAL HEAD IWIPELE59 MlT..CABLEI - ( I W rI.T3 NTS. ICaIWrt 9ZE IxMH) 2• 4' 12- 4•I 2• W PNaWI,Irx 4,x1=^,1:9x19RI Cetacu.DASRNG Ur_0MEIMSE WTE0. cDlI=-A...4 S 4 BE NEW. E Ed a. z o LU PC- SIGNAL PHASING H•II. A( I RO Q ' f T r' mod` CONSTRUCTION HOTCS•(Mw m Icq ON p ups "" I . )T ' _ w ova m 9Rim EAnWBm D gpR SMpNI 1 aA•AAWL a-Jc wrx nB9:-4'mlw¢ RIu^lisl 1 a ' _ im.:r.g':,r. .• m nmux`awBunsne°mc°ecwmXl """ lma^ 1 Jf^A iNf•a AID.Ix I C ;(. j i'im M;;Jn E:In.,L R m,PPLR 1 a°uw'irmm omTvs^amavf. n Env mn+rArrvP.ar vaasuu i _ -,; --_ ,.;ac.J:"I ..'.e.a r'- j JIRI91 Na LbTNl 54YJW9,M[I m 9OPA wAA NM IfR KIW6NSWIBND{1MI 6-xE RTwI i- - I i''' r //' L?" , i'.•.s'e: _ 1 T 118iNL iRE E wNICIE OERRmJ lmP P[RONTRM6 9TAYWla PWa a-6B. mrAVn4r ,wlnmuc IIw D¢nxo Ivs Pv muvR tr - i `•' ;iil {': I `'•ijj.',/ E y aRrt Ixmm,mc,uB rmu In IIu<PI v¢nm I mwn. A-x_-"- _,-r' `-'} ZIII i N Nj! li IX CYC C OGmmBB,oR m a,. A no®amRDwaINW /' ]/ w/ IXnn °O' I I•,\ i'4I w v'.''•-: i' J_ vm 2,- CITY t9 sv )JOBlJSJE = Ills J BHKHM XK:N/A I OF GRAND TERRACE svA I I I svA-DIarIDRPlStFwRAar ERR CITY OF GRAND TERRANCE IW.O.rla:e evPROV[B W, rnw,0-j'jj , RAFFlGSGtIALMDDIFlfATIOtJPLANDIGAURT 1 1v BEwxx[n. S cX J oATc a+MlRase- I PABTOrI STREETtJD: CITYQICIIlEE(i° E PJEPARFDfR: P.GErJp. B]666N/A BABE 0F81,pfgy,"I g etaoNSL LT:RED BY: NI1E tE twe CI1Y OF GPNID 1EPRACE ;vn 19-Of05 ;SNEn 2 OP 2 H.6.b Packet Pg. 97 At t a c h m e n t : 5 9 4 6 C o n t r a c t ( P r e s t o n S i g n a l M o d i f i c a t i o n N o t i c e o f C o m p l e t i o n ) EXHIBIT "B" SPECIAL REQUIREMENTS Superseding Contract Boilerplate) 01247.0006/607871.3 B-4 H.6.b Packet Pg. 98 At t a c h m e n t : 5 9 4 6 C o n t r a c t ( P r e s t o n S i g n a l M o d i f i c a t i o n N o t i c e o f C o m p l e t i o n ) EXHIBIT "C" SCHEDULE OF COMPENSATION I.Contractor shall perform all work at the rates on the Bid Sheet submitted as part of Contractor's Proposal, and listed below: ITEM: DESCRIPTION OF ITEMS ESTIMATED: U.NIT:. T.OTAL=, NO: QUANTITY 1 MOBILIZATION, 1 LS $5,000 DEMOBILIZATION AND FINAL CLEANUP 2 I TRAFFIC CONTROL I 1 LS I$3,000 SYSTE3DUSTISTORMWATER AND 1 I LS I$1,000 TRAFFIC SIGNAL 4 TRAFFIC SIGNAL 1 LS $73,000 MODIFICATION FOR THE INTERSECTION OF PRESTON AND BARTON ROAD TOTAL BID: I I$82,000 II. A retention of five percent (5%) shall be held from each payment as a contract retention to be paid as part of the final payment upon satisfactory completion of services. III. Within the budgeted amounts for each item on the Bid Sheet, and with the approval of the Contract Officer, funds may be shifted from one item's subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Work is approved per Section 1.10. IV. The City will compensate Contractor for the Services performed upon submission of a valid invoice. Each invoice is to include: A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate. B. Line items for all materials and equipment properly charged to the Services. C. Line items for all other approved reimbursable expenses claimed, with supporting documentation. 01247.0006/607871.3 C-1 H.6.b Packet Pg. 99 At t a c h m e n t : 5 9 4 6 C o n t r a c t ( P r e s t o n S i g n a l M o d i f i c a t i o n N o t i c e o f C o m p l e t i o n ) D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services. V. The total compensation for the Services shall not exceed $82,000 as provided in Section 2.1 of this Agreement. 01247.0006/607871.3 C-2 H.6.b Packet Pg. 100 At t a c h m e n t : 5 9 4 6 C o n t r a c t ( P r e s t o n S i g n a l M o d i f i c a t i o n N o t i c e o f C o m p l e t i o n ) EXHIBIT "D" SCHEDULE OF PERFORMANCE I.Contractor shall perform all work timely in accordance with the following schedule: INom DESCRIPTION OF ITEMS Days to Perform 1 MOBILIZATION, DEMOBILIZATION AND 30 Days after FINAL CLEANUP NTP* 2 TRAFFIC CONTROL SYSTEM 40 Days after NTP 3 DUST AND STORMWATER PROTECTION 50 Days after NTP TRAFFIC SIGNAL 4 TRAFFIC SIGNAL MODIFICATIONFOR THE 90 Days after INTERSECTION OF PRESTON AND NTP BARTON ROAD For the purposes of this Exhibit"D", "NTP" stands for"Notice to Proceed." II. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2. 01247.00061607871.3 H.6.b Packet Pg. 101 At t a c h m e n t : 5 9 4 6 C o n t r a c t ( P r e s t o n S i g n a l M o d i f i c a t i o n N o t i c e o f C o m p l e t i o n ) AGENDA REPORT MEETING DATE: March 10, 2020 Council Item TITLE: Professional Services Agreement Between the City of Grand Terrace and Benson Productions for Videographer Services PRESENTED BY: Cynthia Fortune, Assistant City Manager RECOMMENDATION: 1. Approve a Professional Services Agreement with Benson Productions for Videographer Services for a term of 5 years at a maximum cost of $80,000; and 2. Authorize the Mayor to execute the Agreement subject to City Attorney approval as to form. 2030 VISION STATEMENT: This staff report supports Our Core Values: Positive and Productive Work Environment and Exceptional Customer Service by providing clear airings and recordings of the City’s public meetings. BACKGROUND: Since 2002, City Council meetings were videotaped, kept for approximately 90 days and were used for minute preparation. As technology progressed, the City established a Public, Education and Governmental (PEG) Access channel to use for local government programming and would transfer the videotaped meeting into a format that can be displayed on the City’s PEG Channel, Channel 3. In 2012, the City added an online agenda packet and minutes software (MinuteTraq) which included live streaming of City Council meetings on the City’s website. Soon after, Planning Commission meetings were also aired and taped. In 2017, the Council Chambers were upgraded to more modern audio and video equipment to provide citizens the ability to watch City Council meetings not only through the City’s website but also on Channel 3. DISCUSSION: In order to take full advantage of the City’s PEG channel, in addition to airing the City Council and Planning Commission meetings, the City started taping City-sponsored H.7 Packet Pg. 102 events to keep the community abreast of all the upcoming programs and activities that they may avail of. This required more complex video-taping, editing, and file transfer of these memorable events held in the City throughout the year. In response to the increased need of videographer services, staff solicited informal bids for videographer services which included the live taping, editing, and delivery of City Council and Planning Commission meetings, and City sponsored events throughout the year. The City estimates that 125 hours were needed for City Council and Planning Commission meetings and approximately 60 hours for City-sponsored events. The City received several bids as shown in the table below: Firm Location Bid Amount Alfa Digital Image San Bernardino $120 per hour Benson Productions Grand Terrace $80 per hour (City equipment) $100 per hour (Company equipment) Godfather Films Riverside $280 per hour Kam Edits Video Production Redlands $375 per hour Placid Pictures Redlands $150 per hour Staff recommends that City Council award the contract for videographer services to Benson Productions, the lowest responsible bidder. Benson Productions provides top quality photo and video services to realtors, small business owners, and large firms. They have created product photography and video commercials for marketing firms using the latest in audio and video technology, including the use of drones for special events. In the past year, the City was able to use Benson Productions and received excellent footage (photography and video) of a few events: • Community Day (June); • Trunk or Treat (October); and • Light Up Grand Terrace (December). Based on the estimated hours for each activity/program, the estimated annual contract amount for videographer services is $16,000. FISCAL IMPACT: The funding for this service for the remainder of FY 2019-20 is estimated at $5,333 and included in the FY2019-20 Approved Budget; no additional appropriation is required. H.7 Packet Pg. 103 ATTACHMENTS: • Professional Services Agreement - Benson Productions (DOCX) • Estimate 03-04-2020 (PDF) APPROVALS: Cynthia A. Fortune Completed 03/05/2020 9:02 AM Finance Completed 03/05/2020 9:03 AM City Attorney Completed 03/05/2020 12:09 PM City Manager Completed 03/05/2020 6:29 PM City Council Pending 03/10/2020 6:00 PM H.7 Packet Pg. 104 01247.0001/635156.5 3/5/2020 AGREEMENT FOR CONTRACT SERVICES By and Between CITY OF GRAND TERRACE and ALLEN JAMES BENSON, A SOLE PROPRIETORSHIP DOING BUSINESS AS BENSON PRODUCTIONS H.7.a Packet Pg. 105 At t a c h m e n t : P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - B e n s o n P r o d u c t i o n s [ R e v i s i o n 5 ] ( P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - V i d e o g r a p h e r S e r v i c e s ) 01247.0001/635156.5 3/5/2020 -2- AGREEMENT FOR CONTRACT SERVICES BY AND BETWEEN THE CITY OF GRAND TERRACE AND BENSON PRODUCTIONS This “AGREEMENT FOR CONTRACT SERVICES BY AND BETWEEN THE CITY OF GRAND TERRACE AND BENSON PRODUCTIONS” (herein “Agreement”) is made and entered into this 10th day of March, 2020 by and between the City of Grand Terrace, a California municipal corporation (“City”) and Allen James Benson, a sole proprietorship doing business as Benson Productions, a sole proprietorship (“Consultant”). City and Consultant are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.” RECITALS A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement. B. Consultant, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services. C. Pursuant to the City of Grand Terrace Municipal Code, City has authority to enter into and execute this Agreement. D. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein. OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows: ARTICLE 1. SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good H.7.a Packet Pg. 106 At t a c h m e n t : P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - B e n s o n P r o d u c t i o n s [ R e v i s i o n 5 ] ( P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - V i d e o g r a p h e r S e r v i c e s ) 01247.0001/635156.5 3/5/2020 -3- quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first- class firms performing similar work under similar circumstances. 1.2 Consultant’s Proposal. The Scope of Service shall include the Consultant’s scope of work or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern. 1.3 Compliance with Law. Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered. 1.4 Licenses, Permits, Fees and Assessments. Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder. 1.5 Familiarity with Work. By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the Contract Officer. 1.6 Care of Work. The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence. H.7.a Packet Pg. 107 At t a c h m e n t : P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - B e n s o n P r o d u c t i o n s [ R e v i s i o n 5 ] ( P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - V i d e o g r a p h e r S e r v i c e s ) 01247.0001/635156.5 3/5/2020 -4- 1.7 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. 1.8 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other consultants. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed. 1.9 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern. ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT. 2.1 Contract Sum. Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Eighty Thousand Dollars ($80,000) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.8. H.7.a Packet Pg. 108 At t a c h m e n t : P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - B e n s o n P r o d u c t i o n s [ R e v i s i o n 5 ] ( P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - V i d e o g r a p h e r S e r v i c e s ) 01247.0001/635156.5 3/5/2020 -5- 2.2 Method of Compensation. The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Consultant’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation. 2.3 Reimbursable Expenses. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City. Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings. 2.4 Invoices. Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person. City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law. 2.5 Waiver. Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant. H.7.a Packet Pg. 109 At t a c h m e n t : P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - B e n s o n P r o d u c t i o n s [ R e v i s i o n 5 ] ( P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - V i d e o g r a p h e r S e r v i c e s ) 01247.0001/635156.5 3/5/2020 -6- ARTICLE 3. PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively. 3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section. 3.4 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding five (5) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”). ARTICLE 4. COORDINATION OF WORK 4.1 Representatives and Personnel of Consultant. The following principals of Consultant (“Principals”) are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: H.7.a Packet Pg. 110 At t a c h m e n t : P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - B e n s o n P r o d u c t i o n s [ R e v i s i o n 5 ] ( P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - V i d e o g r a p h e r S e r v i c e s ) 01247.0001/635156.5 3/5/2020 -7- Allen James Benson Owner (Name) (Title) It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance. 4.2 Status of Consultant. Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights. 4.3 Contract Officer. The Contract Officer shall be Cynthia A. Fortune, City’s Assistant City Manager or such person as may be designated by the City Manager. It shall be the Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 4.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an H.7.a Packet Pg. 111 At t a c h m e n t : P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - B e n s o n P r o d u c t i o n s [ R e v i s i o n 5 ] ( P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - V i d e o g r a p h e r S e r v i c e s ) 01247.0001/635156.5 3/5/2020 -8- independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant. 4.5 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City. ARTICLE 5. INSURANCE AND INDEMNIFICATION 5.1 Insurance Coverages. The Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance which shall cover all elected and appointed officers, employees and agents of City: (a) General Liability Insurance (Occurrence Form CG0001 or equivalent). A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than $1,000,000.00 per occurrence or if a general aggregate limit is used, then the general aggregate limit shall be twice the occurrence limit. (b) Worker’s Compensation Insurance. A policy of worker’s compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for the Consultant against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Consultant in the course of carrying out the work or services contemplated in this Agreement. (c) Automotive Insurance (Form CA 0001 (Ed 1/87) including “any auto” and endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance written on a per occurrence for bodily injury and property damage in an amount not less than H.7.a Packet Pg. 112 At t a c h m e n t : P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - B e n s o n P r o d u c t i o n s [ R e v i s i o n 5 ] ( P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - V i d e o g r a p h e r S e r v i c e s ) 01247.0001/635156.5 3/5/2020 -9- $1,000,000. Said policy shall include coverage for owned, non-owned, leased, hired cars and any automobile. (d) Professional Liability. Professional liability insurance appropriate to the Consultant’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement. The insurance must be maintained for at least 5 consecutive years following the completion of Consultant’s services or the termination of this Agreement. During this additional 5-year period, Consultant shall annually and upon request of the City submit written evidence of this continuous coverage. (e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”. 5.2 General Insurance Requirements. All of the above policies of insurance shall be primary insurance and shall name the City, its elected and appointed officers, employees and agents as additional insureds and any insurance maintained by City or its officers, employees or agents may apply in excess of, and not contribute with Consultant’s insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and their respective insurers. Moreover, the insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self-insured retention. All of said policies of insurance shall provide that said insurance may not be amended or cancelled by the insurer or any party hereto without providing thirty (30) days prior written notice by certified mail return receipt requested to the City. In the event any of said policies of insurance are cancelled, the Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with Section 5.1 to the Contract Officer. No work or services under this Agreement shall commence until the Consultant has provided the City with Certificates of Insurance, additional insured endorsement forms or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. City reserves the right to inspect complete, certified copies of and endorsements to all required insurance policies at any time. Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City. All certificates shall name the City as additional insured (providing the appropriate endorsement) and shall conform to the following “cancellation” notice: CANCELLATION: H.7.a Packet Pg. 113 At t a c h m e n t : P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - B e n s o n P r o d u c t i o n s [ R e v i s i o n 5 ] ( P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - V i d e o g r a p h e r S e r v i c e s ) 01247.0001/635156.5 3/5/2020 -10- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATED THEREOF, THE ISSUING COMPANY SHALL MAIL THIRTY (30)-DAY ADVANCE WRITTEN NOTICE TO CERTIFICATE HOLDER NAMED HEREIN. [to be initialed] ______________ Consultant Initials City, its respective elected and appointed officers, directors, officials, employees, agents and volunteers are to be covered as additional insureds as respects: liability arising out of activities Consultant performs; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or any automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, employees or volunteers. Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. The Consultant agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages to any persons or property resulting from the Consultant’s activities or the activities of any person or persons for which the Consultant is otherwise responsible nor shall it limit the Consultant’s indemnification liabilities as provided in Section 5.3. In the event the Consultant subcontracts any portion of the work in compliance with Section 4.5 of this Agreement, the contract between the Consultant and such subcontractor shall require the subcontractor to maintain the same policies of insurance that the Consultant is required to maintain pursuant to Section 5.1, and such certificates and endorsements shall be provided to City. 5.3 Indemnification. To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance H.7.a Packet Pg. 114 At t a c h m e n t : P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - B e n s o n P r o d u c t i o n s [ R e v i s i o n 5 ] ( P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - V i d e o g r a p h e r S e r v i c e s ) 01247.0001/635156.5 3/5/2020 -11- of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith: (a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorney’s fees incurred in connection therewith; (b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorney’s fees. Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement. 5.4 Sufficiency of Insurer. Insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City (“Risk Manager”) due to unique circumstances. If this Agreement continues for more than 3 years duration, or in the event the risk manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the Risk Manager. H.7.a Packet Pg. 115 At t a c h m e n t : P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - B e n s o n P r o d u c t i o n s [ R e v i s i o n 5 ] ( P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - V i d e o g r a p h e r S e r v i c e s ) 01247.0001/635156.5 3/5/2020 -12- ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION 6.1 Records. Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act. 6.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed. 6.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”), including any electronic documents and materials, prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City in a format of the City’s choice upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant H.7.a Packet Pg. 116 At t a c h m e n t : P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - B e n s o n P r o d u c t i o n s [ R e v i s i o n 5 ] ( P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - V i d e o g r a p h e r S e r v i c e s ) 01247.0001/635156.5 3/5/2020 -13- shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City. 6.4 Confidentiality and Release of Information. (a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer. (b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. (d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION 7.1 California Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of San Bernardino, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District H.7.a Packet Pg. 117 At t a c h m e n t : P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - B e n s o n P r o d u c t i o n s [ R e v i s i o n 5 ] ( P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - V i d e o g r a p h e r S e r v i c e s ) 01247.0001/635156.5 3/5/2020 -14- Court, venue shall lie exclusively in the Central District of California, in the County of San Bernardino, State of California. 7.2 Disputes; Default. In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement. 7.3 Retention of Funds. Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein. 7.4 Waiver. Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party H.7.a Packet Pg. 118 At t a c h m e n t : P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - B e n s o n P r o d u c t i o n s [ R e v i s i o n 5 ] ( P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - V i d e o g r a p h e r S e r v i c e s ) 01247.0001/635156.5 3/5/2020 -15- of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue a legal action under this Agreement. 7.7 Termination Prior to Expiration of Term. This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon written notice to Consultant. In addition, the Consultant may terminate this Contract for cause, upon sixty (60) days’ advance written notice to City. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2. 7.8 Termination for Default of Consultant. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. 7.9 Attorney’s Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs H.7.a Packet Pg. 119 At t a c h m e n t : P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - B e n s o n P r o d u c t i o n s [ R e v i s i o n 5 ] ( P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - V i d e o g r a p h e r S e r v i c e s ) 01247.0001/635156.5 3/5/2020 -16- the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 8.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. 8.3 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class. 8.4 Unauthorized Aliens. Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorney’s fees, incurred by City. H.7.a Packet Pg. 120 At t a c h m e n t : P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - B e n s o n P r o d u c t i o n s [ R e v i s i o n 5 ] ( P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - V i d e o g r a p h e r S e r v i c e s ) 01247.0001/635156.5 3/5/2020 -17- ARTICLE 9. MISCELLANEOUS PROVISIONS 9.1 Notices. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Grand Terrace, 22795 Barton Rd, Grand Terrace, CA 92313, and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. 9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 9.3 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. 9.4 Integration; Amendment. This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. 9.5 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. H.7.a Packet Pg. 121 At t a c h m e n t : P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - B e n s o n P r o d u c t i o n s [ R e v i s i o n 5 ] ( P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - V i d e o g r a p h e r S e r v i c e s ) 01247.0001/635156.5 3/5/2020 -18- 9.6 Warranty & Representation of Non-Collusion. No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Nor shall any such officer or employee participate in any decision relating to the Agreement which affects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation, including but not limited to the Political Reform Act (Government Code Sections 81000, et seq.) Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect. Consultant’s Authorized Initials _______ 9.7 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE] H.7.a Packet Pg. 122 At t a c h m e n t : P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - B e n s o n P r o d u c t i o n s [ R e v i s i o n 5 ] ( P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - V i d e o g r a p h e r S e r v i c e s ) 01247.0001/635156.5 3/5/2020 19 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written. CITY: City of Grand Terrace, a municipal corporation _____________________________________ Darcy McNaboe, Mayor ATTEST: ____________________________________ Debra Thomas, City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP ____________________________________ Adrian R. Guerra, City Attorney CONSULTANT: Allen James Benson, a sole proprietorship doing business as Benson Productions ______________________________________ By: ___________________________________ Name: Allen James Benson Title: Owner Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY. H.7.a Packet Pg. 123 At t a c h m e n t : P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - B e n s o n P r o d u c t i o n s [ R e v i s i o n 5 ] ( P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - V i d e o g r a p h e r S e r v i c e s ) 01247.0001/635156.5 3/5/2020 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO On __________, 2020 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: _____________________________________ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER _______________________________ TITLE(S) PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER_______________________________ ______________________________________ SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) _____________________________________________ _____________________________________________ ___________________________________ TITLE OR TYPE OF DOCUMENT ___________________________________ NUMBER OF PAGES ___________________________________ DATE OF DOCUMENT ___________________________________ SIGNER(S) OTHER THAN NAMED ABOVE A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. H.7.a Packet Pg. 124 At t a c h m e n t : P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - B e n s o n P r o d u c t i o n s [ R e v i s i o n 5 ] ( P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - V i d e o g r a p h e r S e r v i c e s ) 01247.0001/635156.5 3/5/2020 A-1 EXHIBIT “A” SCOPE OF SERVICES I. Consultant will perform the following Services: A. Videographer Services to all City Council and Planning Commission meetings; including, but not limited to, taping, editing, finalizing and compilation of such recordings so that they may be published on the City’s website and Channel 3. If said meetings are held in the Council Chambers, Consultant will use City equipment installed in the Council Chambers; otherwise, Consultant shall be responsible for his/her own equipment for the Services. B. Videographer Services for any additional City meetings for other committees which may include but be limited to the meetings held by: Historical and Cultural Committee, Parks and Recreation Committee, Special City Council Meetings. Such videographer services shall include, but not be limited to, taping, editing, finalizing and compilation of such recordings so that they may be published on the City’s website and Channel 3. If said meetings are held in the Council Chambers, Consultant will use City equipment located in the Council Chambers; otherwise, Consultant shall be responsible for his/her own equipment for the services. C. Videographer Services for City events that the City determines, including, but not limited to, video, editing, compiling, and finalizing upon City Manager approval for posting on the City’s website and other social media. Consultant shall be responsible for his/her own equipment for the services. II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City: A. Completed, finalized City Council and Planning Commission meeting videos, as described in Section I(A) of this Exhibit. B. Completed finalized other City meeting videos for other committees of the City as described in Section I(B) of this Exhibit. C. Completed, finalized Special Event videos as described in Section I(C) of this Exhibit. III. In addition to the requirements of Section 6.2, during performance of the Services, Consultant will keep the City appraised of the status of performance by delivering status reports as maybe requested by the City from time to time. IV. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City. H.7.a Packet Pg. 125 At t a c h m e n t : P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - B e n s o n P r o d u c t i o n s [ R e v i s i o n 5 ] ( P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - V i d e o g r a p h e r S e r v i c e s ) 01247.0001/635156.5 3/5/2020 A-2 V. Consultant will coordinate with the following City personnel to accomplish the Services, if needed: A. Executive Assistant B. City Clerk C. Assistant City Manager D. City Manager H.7.a Packet Pg. 126 At t a c h m e n t : P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - B e n s o n P r o d u c t i o n s [ R e v i s i o n 5 ] ( P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - V i d e o g r a p h e r S e r v i c e s ) 01247.0001/635156.5 3/5/2020 B-1 EXHIBIT “B” SPECIAL REQUIREMENTS (Superseding Contract Boilerplate) None. H.7.a Packet Pg. 127 At t a c h m e n t : P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - B e n s o n P r o d u c t i o n s [ R e v i s i o n 5 ] ( P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - V i d e o g r a p h e r S e r v i c e s ) 01247.0001/635156.5 3/5/2020 C-1 EXHIBIT “C” SCHEDULE OF COMPENSATION I. Consultant shall perform the following tasks at the following hourly rates, annually, and subject to the following sub-budgets: HOURLY RATE TIME SUB-BUDGET A. City Meetings pursuant to Section I(A) and Section I(B) of Exhibit “A” $80.00 125 hours $10,000.00 B. Special Events pursuant to Section I(C) of Exhibit “A” $100.00 60 hours $6,000.00 II. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.8. III. The City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include: A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate. B. Line items for all materials and equipment properly charged to the Services. C. Line items for all other approved reimbursable expenses claimed, with supporting documentation. D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services. IV. The total compensation for the Services shall not exceed $80,000 for the full five (5) year term as provided in Section 2.1 of this Agreement and shall not exceed $16,000 in any one year of the term. H.7.a Packet Pg. 128 At t a c h m e n t : P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - B e n s o n P r o d u c t i o n s [ R e v i s i o n 5 ] ( P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - V i d e o g r a p h e r S e r v i c e s ) 01247.0001/635156.5 3/5/2020 D-1 EXHIBIT “D” SCHEDULE OF PERFORMANCE I. Consultant shall perform all Services timely in accordance with the schedule to be developed by Consultant and subject to the written approval of the Contract Officer. II. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2. H.7.a Packet Pg. 129 At t a c h m e n t : P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - B e n s o n P r o d u c t i o n s [ R e v i s i o n 5 ] ( P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - V i d e o g r a p h e r S e r v i c e s ) Benson Productions 23200 Barton Rd. Grand Terrace, CA 92313 (951) 233-6372 Info@Benson-Productions.com www.benson-productions.com Estimate ADDRESS City of Grand Terrace 22795 Barton Rd. Grand Terrace, CA 92313 ESTIMATE #1190 DATE 03/04/2020 SERVICE RATE QTY AMOUNT City Council Meeting Priced Per Hour. Using City's Video Equipment. 80.00 1 80.00 Videography Price Per Hour Using Benson Productions Equipment 100.00 1 100.00 TOTAL $180.00 Accepted By Accepted Date H.7.b Packet Pg. 130 At t a c h m e n t : E s t i m a t e 0 3 - 0 4 - 2 0 2 0 ( P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - V i d e o g r a p h e r S e r v i c e s ) AGENDA REPORT MEETING DATE: March 10, 2020 Council Item TITLE: Approval of a Settlement Agreement & Release of All Claims Between the City, CSG EV, LLC and Margaret Miller, and Approval of an Amendments to Access Easements Involving City Hall and 22797 Barton Road PRESENTED BY: G. Harold Duffey, City Manager & Alan French, Public Works Director RECOMMENDATION: 1.Approve “Settlement Agreement & Release of allClaims Entered Into Between the City of Grand Terrace, CSG EV, LLC, and Margaret Miller,” subject to City Attorney approval as to form; and 2.Approve amendments to access easements involvingCity Hall and 22797 Barton Road, Grand Terrace, CA 92313 to address concerns regarding maintenance, parking, notice requirements and indemnification, subject to City Attorney approval as to form; and 3.Authorize the Mayor to execute all documents, subject to City Attorney approval as to form. 2030 VISION STATEMENT: This staff report supports Goal #4 "Develop and Implement Successful Partnerships" by working with the community members to bring services to the City. BACKGROUND: The property underlying Grand Terrace City Hall property (“City Property”) is located next to 22797 Barton Road, Grand Terrace, CA 92313 (“Miller Property”), which is owned by Margaret Miller. In 1983, an easement (Document No. 83-300503) was recorded over the City Property, which permitted the prior property owner of the Miller Property access to the property currently owned by Ms. Miller (“Miller Access Easement”). In turn, the prior owner of the Miller Property granted the City an easement allowing access over the Miller Property (“City Access Easement”). As a result, the City and prior owner of Miller Property now have a common driveway that both can use. In 2019, the City contracted with CSG EV, LLC (“Carbon Solutions”) to build electric vehicle charging stations, including related appurtenance, at City Hall. However, during construction of the electric vehicle charging stations, Ms. Miller alleged that Carbon Solutions’ subcontractor SigTel had blocked her ability to access the Miller Property. H.8 Packet Pg. 131 Further, it is alleged that Carbon Solutions improperly installed electric utility lines in violation of the City Access Easement (the electric utility lines will be owned by Southern California Edison). She makes these allegations in her letter dated March 3, 2020, which is attached to this report. Ms. Miller recently reached out to Grand Terrace Mayor Darcy McNaboe and City Council members about her concerns. Mayor McNaboe referred the matter to the City Manager for follow-up. A meeting was thereafter scheduled and held on March 3, 2020 to hear Ms. Miller’s concerns. Along with Ms. Miller, Mayor McNaboe, the City Manager, Public Works Director Alan French, and Management Analyst Todd Nakasaki attended this meeting. DISCUSSION: Ms. Miller presented a letter, dated March 3, 2020, which makes the following demands: 1. The City must pay Ms. Miller $5,000 to reimburse her for property damage and related legal fees and costs. 2. The City agrees to amend both the City Access Easement and the Miller Access Easement so that the City is responsible for maintenance, repairs, and improvements; the City will indemnify Ms. Miller in relation to the performance of any work by any contractor or subcontractor; the City must post “no parking” signs over the easement areas, and enforce the parking signs (including against City employees); and the City is to provide reasonable notice to Ms. Miller of any possible interruption to her access over the easement areas. In turn, Ms. Miller will grant Southern California Edison the necessary utility easements so that their electric utility lines may remain on her property. After negotiations via City staff, the City, Carbon Solutions (as the contractor), and Ms. Miller have reached the following terms (subject to a written agreement approved by the City Council, Ms. Miller and Carbon Solution): 1. The City will pay Ms. Miller $2,500, and Carbon Solutions has agreed to pay Ms. Miller $2,500. The City will seek reimbursement from Carbon Solutions and/or SigTel because, among other reasons, SigTel did not comply with its permit issued by the Grand Terrace Building and Safety Department. 2. The City will approve an amendment to the City Access Easement and Miller Access Easement with the terms noted above (in number 2). 3. Ms. Miller will grant Southern California Edison the necessary easements for the electric utility line. Staff is recommending that City Council now: H.8 Packet Pg. 132 1. Approve the attached “Settlement Agreement & Release of all Claims Entered Into Between the City of Grand Terrace, CSG EV, LLC, and Margaret Miller,” subject to City Attorney approval as to form; and 2. Approve an amendment to the City Access Easement (and Miller Access Easement as necessary) to address the concerns noted in her March 3, 2020 letter, subject to City Attorney approval as to form; and 3. Authorize the Mayor to execute these final documents. FISCAL IMPACT: The City will pay Ms. Miller $2,500. Further, the City will be responsible for the costs of installing the no parking signs, and the maintenance of the easement areas. ATTACHMENTS: • miller letter (PDF) • Miller Settlement Agreement (DOC) • Exhibit A - miller requested amendment (PDF) • 83-300503 (PDF) • Lt1;2PM 10439 1Access (PDF) APPROVALS: Alan French Completed 03/04/2020 8:16 PM City Attorney Completed 03/06/2020 10:40 AM Finance Completed 03/06/2020 10:55 AM City Manager Completed 03/06/2020 10:59 AM City Council Pending 03/10/2020 6:00 PM H.8 Packet Pg. 133 H.8.a Packet Pg. 134 At t a c h m e n t : m i l l e r l e t t e r ( S e t t l e m e n t A g r e e m e n t B e t w e e n C i t y , C G V E V , L L C , M i l l e r ) 01247.0001/635424.3 __________________ Miller’s Initials -1- SETTLEMENT AGREEMENT & RELEASE OF ALL CLAIMS ENTERED INTO BETWEEN THE CITY OF GRAND TERRACE, CSG EV, LLC, AND MARGARET MILLER This SETTLEMENT AGREEMENT & RELEASE OF ALL CLAIMS ENTERED INTO BETWEEN THE CITY OF GRAND TERRACE, CSG EV, LLC, AND MARGARET MILLER (“Agreement”) is entered into on ________________, 2020, by and between the City of Grand Terrace, a municipal corporation (“City”), CSG EV, LLC, a Delaware limited liability company (“CSG”), and Margaret Miller, an individual, (“Miller”), (collectively “Parties”), to resolve fully and finally all disputes between the Parties arising out of, or related to, all claims raised by Miller against City and CSG in Miller’s letter dated March 3, 2020, (“March 3, 2020, Letter”). The Effective Date of this Agreement shall be the date of the last Party signature. RECITALS WHEREAS, the City’s City Hall property is located at 22795 Barton Road, Grand Terrace, CA 92313 (“City Property”); and WHEREAS, Miller is the owner of the property located at 22797 Barton Road, Grand Terrace, CA 92313 (“Miller Property”); and WHEREAS, the Miller Property and City Property are adjacent to the other; and WHEREAS, an easement (Document No. 83-300503) has been recorded over City Property permitting Miller ingress into and egress out of the Miller Property over 11 feet of the easterly line of the City Property (“Miller Access Easement”); and WHEREAS, an easement (Document No. 83-300504) has been recorded over the Miller Property permitting City ingress into and egress out of City Property over 10 feet of the westerly line of the Miller Property (“City Access Easement”); and WHEREAS, the City contracted with CSG to build certain improvements that include, but is not limited to, electric vehicle charging stations and appurtenances (“CSG Agreement”); and WHEREAS, in the March 3, 2020, Letter, Miller alleges that the City has not adhered to the Miller Access Easement by impeding Miller’s use of the Miller Access Easement and, further, alleges that the City and CSG has improperly entered the City Access Easement in violation of the terms and conditions of the City Access Easement for the purpose of constructing electric vehicle charging stations and appurtenances pursuant to the CSG Agreement (“Claims”); and WHEREAS, following discussions between City, CSG, and Miller, the Parties have agreed on terms in compromise of the issues raised in the Claims and the March 3, 2020, Letter; H.8.b Packet Pg. 135 At t a c h m e n t : M i l l e r S e t t l e m e n t A g r e e m e n t [ R e v i s i o n 1 ] ( S e t t l e m e n t A g r e e m e n t B e t w e e n C i t y , C G V E V , L L C , M i l l e r ) 01247.0001/635424.3 __________________ Miller’s Initials -2- and WHEREAS, the Parties wish to memorialize their understanding regarding resolution of the Claims and the March 3, 2020, Letter. AGREEMENT NOW, THEREFORE, for full and valuable consideration, the receipt and adequacy of which are hereby acknowledged, and based upon the foregoing recitals and the terms, conditions, covenants, and agreements contained herein, the Parties agree as follows: 1. Settlement. a. Settlement Amount. i) City Payment. Following the execution of this Agreement by all Parties, City agrees to pay and Miller agrees to accept payment in the amount of TWO THOUSAND FIVE HUNDRED DOLLARS AND ZERO CENTS ($2,500.00) (“City Settlement Amount”). City shall have fifteen (15) calendar days from the Effective Date of this Agreement to tender the City Settlement Amount to Miller. ii) CSG Payment. Following the execution of this Agreement by all Parties, CSG agrees to pay and Miller agrees to accept payment in the amount of TWO THOUSAND FIVE HUNDRED DOLLARS AND ZERO CENTS ($2,500.00) (“CSG Settlement Amount”). CSG shall have fifteen (15) calendar days from the Effective Date of this Agreement to tender the CSG Settlement Amount to Miller. iii) For the purposes of this Agreement, the City Settlement Amount and the CSG Settlement Amount shall be collectively referred to as the “Settlement Amount”. iv) Payment Information. The Settlement Amount shall be payable by checks made out to the Margaret Miller, hand delivered or mailed to the following address: Margaret Miller 22797 Barton Road Grand Terrace, CA 92313 b. Utility Easement. Within fifteen (15) calendar days of the Effective Date of this Agreement, Miller shall execute and record a utility easement over the Miller Property in favor of California Edison. H.8.b Packet Pg. 136 At t a c h m e n t : M i l l e r S e t t l e m e n t A g r e e m e n t [ R e v i s i o n 1 ] ( S e t t l e m e n t A g r e e m e n t B e t w e e n C i t y , C G V E V , L L C , M i l l e r ) 01247.0001/635424.3 __________________ Miller’s Initials -3- c. Amendment to City Access Easement and Miller Access Easement. City and Miller agree to execute an amendment the City Access Easement and the Miller Access Easement as necessary to address concerns raised in the March 3, 2020 letter, in the form as provided in Exhibit A of this Agreement, and subject to the City Attorney’s approval as to form. 2. General Release. For valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Miller does hereby release and forever discharge the City and CSG, and each of their current and former elected and appointed public officials, officers, employees and agents, and including, but not limited to, each of their associates, predecessors, successors, heirs, assignees, agents, directors, officers, employees, representatives, elected or appointed public officials, attorneys, and all persons acting by, through, under or in concert with them, or any of them (“Releasees”), of and from any and all manner of action or actions, cause or causes of action, in law or in equity, suits, debts, liens, contracts, agreements, promises, liability, claims, demands, damages, loss, costs or expenses, of any nature whatsoever, known or unknown, fixed or contingent (“Claims”), which Miller now has or may hereafter have against City or CSG, any Claims constituting, arising out of, based upon, or relating solely to the Allegations or the March 3, 2020, Letter. 3. Discovery of Different or Additional Facts. The Parties acknowledge that they may hereafter discover facts different from or in addition to those that they now know or believe to be true with respect to the claims, demands, causes of action, obligations, damages, and liabilities of any nature whatsoever that are the subject of the Release set forth in Paragraph 4 of this Agreement, and expressly agree to assume the risk of the possible discovery of additional or different facts, and the Parties agree that this Agreement shall be and remain effective in all respects regardless of such additional or different facts related to the Abatement. 4. Release of Unknown Claims. The Release set forth above in Paragraph 1.b of this Agreement is a release of all known claims, demands, causes of action, obligations, damages, and liabilities of any nature whatsoever that are described in the Release and is intended to encompass all known and unknown, foreseen and unforeseen claims that Miller may have arising out of or relating to the Allegations or March 3, 2020, Letter, and except for any claims that may arise from the terms of this Agreement. 5. Waiver of Civil Code Section 1542. Further, Miller expressly agrees to waive and relinquish all rights and benefits they may have under Section 1542 of the Civil Code of the State of California. That section reads as follows: "§1542. [General release; extent] A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.." H.8.b Packet Pg. 137 At t a c h m e n t : M i l l e r S e t t l e m e n t A g r e e m e n t [ R e v i s i o n 1 ] ( S e t t l e m e n t A g r e e m e n t B e t w e e n C i t y , C G V E V , L L C , M i l l e r ) 01247.0001/635424.3 __________________ Miller’s Initials -4- 6. No Other Pending Actions. Miller represents that she has not filed any complaint(s), cross-complaint(s) and/or charge(s) against the City, CSG, or Releasees, arising out of or relating to the Allegations or the March 3, 2020, Letter, with any local, state or federal agency or court; and that if any such agency or court assumes jurisdiction of any complaint or charge against the City, CSG, Releasees, or their predecessors, successors, heirs, assigns, employees, shareholders, officers, directors, agents, attorneys, subsidiaries, divisions or affiliated corporations or organizations, whether previously or hereafter affiliated in any manner, on behalf of Miller, whenever filed, that Miller will request such agency or court to withdraw and dismiss the matter forthwith. 7. Non-Admission of Liability. The Parties acknowledge and agree that this Agreement is a settlement of claims. Neither the fact that the Parties have settled nor the terms of this Agreement shall be construed in any manner as an admission of any liability by any party hereto, or any of its employees, or an affiliated person(s) or entity/ies, including the City’s or CSG’s attorneys, all of whom have consistently taken the position that they have no liability whatsoever. 8. No Assignment of Claims. The Parties warrant that they have made no assignment, and will make no assignment, of any claim, cause of action, right of action or any right of any kind whatsoever, embodied in any of the claims and allegations referred to herein, and that no other person or entity of any kind had or has any interest in any of the demands, obligations, actions, causes of action, debts, liabilities, rights, contracts, damages, attorneys' fees, costs, expenses, losses or claims referred to herein. 9. Successors and Assigns. This Agreement, and all the terms and provisions hereof, shall be binding upon and shall inure to the benefit of the Parties and their respective heirs, legal representatives, successors and assigns. 10. Knowing and Voluntary. This Agreement is an important legal document and in all respects has been voluntarily and knowingly executed by the Parties hereto. The Parties specifically represent that, prior to signing this Agreement, they have been provided a reasonable period of time within which to consider whether to accept this Agreement, including whether to retain legal counsel to assist them in understanding all terms in the Agreement. The Parties further represent that they have each carefully read and fully understand all of the provisions of this Agreement, and that they are voluntarily, knowingly, and without coercion entering into this Agreement based upon their own judgment, and upon advice of their legal counsel, if retained. 11. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original but all of which shall constitute one agreement. 12. Enforcement Costs. Should any legal action be required to enforce the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees and costs in addition to any other relief to which that party may be entitled. H.8.b Packet Pg. 138 At t a c h m e n t : M i l l e r S e t t l e m e n t A g r e e m e n t [ R e v i s i o n 1 ] ( S e t t l e m e n t A g r e e m e n t B e t w e e n C i t y , C G V E V , L L C , M i l l e r ) 01247.0001/635424.3 __________________ Miller’s Initials -5- 13. Injunctive Relief for Breach. The Parties acknowledge and agree that any material violation of this Agreement is likely to result in immediate and irreparable harm for which monetary damages are likely to be inadequate. Accordingly, the Parties consent to injunctive and other appropriate equitable relief upon the institution of proceedings therefore by any other party in order to protect the rights of the Parties under this Agreement. Such relief shall be in addition to any other relief to which the Parties may be entitled at law or in equity. 14. Severability. Should any portion, word, clause, phrase, sentence or paragraph of this Agreement be declared void or unenforceable, such portion shall be considered independent and severable from the remainder, the validity of which shall remain unaffected. 15. Waiver. Failure to insist on compliance with any term, covenant or condition contained in this Agreement shall not be deemed a waiver of that term, covenant or condition, nor shall any waiver or relinquishment of any right or power contained in this Agreement at any one time or more times be deemed a waiver or relinquishment of any right or power at any other time or times. 16. Governing Law; Venue. This Agreement is made and entered into in the State of California, and shall in all respects be interpreted, enforced and governed under the laws of said State without giving effect to conflicts of laws principles. Any action to enforcement, invalidate, or interpret any provision of this Agreement shall be brought in San Bernardino County Superior Court or the United States District Court for the Central District of California. 17. Entire Agreement. This Agreement constitutes the entire agreement between the Parties who have executed it and supersedes any and all other agreements, understandings, negotiations, or discussions, either oral or in writing, express or implied between the Parties to this Agreement. The Parties to this Agreement each acknowledge that no representations, inducements, promises, agreements, or warranties, oral or otherwise, have been made by them, or anyone acting on their behalf, which are not embodied in this Agreement, that they have not executed this Agreement in reliance on any such representation, inducement, promise, agreement or warranty, and that no representation, inducement, promise, agreement or warranty not contained in this Agreement, including, but not limited to, any purported supplements, modifications, waivers, or terminations of this Agreement shall be valid or binding, unless executed in writing by all of the Parties to this Agreement. The terms of this Agreement govern the reading, interpretation, and construction of this Agreement only. 18. Mutual Drafting. The Parties agree that this Agreement is the product of mutual negotiations between the Parties, such that any provision of this Agreement that may require judicial interpretation shall not be construed more strictly against either Party. 19. Modifications. Any alteration, change, or modification of or to this Agreement shall be made by written instrument executed by each party hereto in order to become effective. H.8.b Packet Pg. 139 At t a c h m e n t : M i l l e r S e t t l e m e n t A g r e e m e n t [ R e v i s i o n 1 ] ( S e t t l e m e n t A g r e e m e n t B e t w e e n C i t y , C G V E V , L L C , M i l l e r ) 01247.0001/635424.3 __________________ Miller’s Initials -6- 20. Authority to Sign. The persons executing this Agreement on behalf of the Parties hereto represent and warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party and to bind that party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other agreement to which said party is bound. [SIGNATURE PAGE FOLLOWS] H.8.b Packet Pg. 140 At t a c h m e n t : M i l l e r S e t t l e m e n t A g r e e m e n t [ R e v i s i o n 1 ] ( S e t t l e m e n t A g r e e m e n t B e t w e e n C i t y , C G V E V , L L C , M i l l e r ) 01247.0001/635424.3 -7- IN WITNESS WHEREOF, the undersigned have executed this Settlement Agreement and Release of All Claims, on the dates set forth below. “MILLER” Dated: ____________, 2020 Margaret Miller, an individual By: ______________________________________ Margaret Miller “CSG” Dated: ____________, 2020 CSG EV, LLC, a Delaware limited liability company By: ______________________________________ Name: Title: “CITY” Dated: ____________, 2020 CITY OF GRAND TERRACE, a municipal corporation __________________________________________ Darcy McNaboe, Mayor ATTEST FOR CITY __________________________________________ Debra Thomas, City Clerk APPROVED AS TO FORM FOR CITY: Dated: _____________, 2020 ALESHIRE & WYNDER, LLP By: ______________________________________ Adrian R. Guerra, Esq. City Attorney H.8.b Packet Pg. 141 At t a c h m e n t : M i l l e r S e t t l e m e n t A g r e e m e n t [ R e v i s i o n 1 ] ( S e t t l e m e n t A g r e e m e n t B e t w e e n C i t y , C G V E V , L L C , M i l l e r ) 01247.0001/635424.3 -8- Exhibit A Amendment to City Access Easement and Miller Access Easement H.8.b Packet Pg. 142 At t a c h m e n t : M i l l e r S e t t l e m e n t A g r e e m e n t [ R e v i s i o n 1 ] ( S e t t l e m e n t A g r e e m e n t B e t w e e n C i t y , C G V E V , L L C , M i l l e r ) H.8.c Packet Pg. 143 At t a c h m e n t : E x h i b i t A - m i l l e r r e q u e s t e d a m e n d m e n t ( S e t t l e m e n t A g r e e m e n t B e t w e e n C i t y , C G V E V , L L C , M i l l e r ) H.8.c Packet Pg. 144 At t a c h m e n t : E x h i b i t A - m i l l e r r e q u e s t e d a m e n d m e n t ( S e t t l e m e n t A g r e e m e n t B e t w e e n C i t y , C G V E V , L L C , M i l l e r ) H.8.c Packet Pg. 145 At t a c h m e n t : E x h i b i t A - m i l l e r r e q u e s t e d a m e n d m e n t ( S e t t l e m e n t A g r e e m e n t B e t w e e n C i t y , C G V E V , L L C , M i l l e r ) H.8.d Packet Pg. 146 At t a c h m e n t : 8 3 - 3 0 0 5 0 3 ( S e t t l e m e n t A g r e e m e n t B e t w e e n C i t y , C G V E V , L L C , M i l l e r ) H.8.e Packet Pg. 147 At t a c h m e n t : L t 1 ; 2 P M 1 0 4 3 9 1 A c c e s s ( S e t t l e m e n t A g r e e m e n t B e t w e e n C i t y , C G V E V , L L C , M i l l e r ) H.8.e Packet Pg. 148 At t a c h m e n t : L t 1 ; 2 P M 1 0 4 3 9 1 A c c e s s ( S e t t l e m e n t A g r e e m e n t B e t w e e n C i t y , C G V E V , L L C , M i l l e r ) H.8.e Packet Pg. 149 At t a c h m e n t : L t 1 ; 2 P M 1 0 4 3 9 1 A c c e s s ( S e t t l e m e n t A g r e e m e n t B e t w e e n C i t y , C G V E V , L L C , M i l l e r ) AGENDA REPORT MEETING DATE: March 10, 2020 Council Item TITLE: Approval of Professional Services Agreement for Business License Auditing and Administration Services PRESENTED BY: Cynthia Fortune, Assistant City Manager RECOMMENDATION: 1. Approve a Professional Services Agreement with HdL Companies (HdL) for Business License Auditing and Administration Services for a term of 5 years and a maximum cost of $75,000; and 2. Authorize the Mayor to execute the Agreement subject to City Attorney approval as to form. 2030 VISION STATEMENT: This staff report supports Goal #1, Ensuring Our Fiscal Viability, by ensuring the City is receiving the business tax revenue to which it is entitled per City ordinance, while also exploring creative means to provide business license administrative services. BACKGROUND: The City of Grand Terrace currently has approximately 750 active business licenses and receives approximately $91,000 annually in business tax revenue. In an effort to ensure that all entities doing business with the City have obtained a business license and paid the proper amount of business tax, the Finance Department prepared a Request for Proposal (RFP) for Business License Auditing and Administration Services (Attachment 1). These services are specialized in nature and require comprehensive data analysis of records obtained from State agencies, such as the State Board of Equalization and the Franchise Tax Board. In addition to performing an audit of the business license function, the RFP also requested proposals and pricing for ongoing administration services, to include processing of new applications, processing of annual renewals, and on-line filing and payment capability. These services were solicited in an effort to improve the City’s efficiency and offer more convenient on-line processing and payment options for the City’s businesses. The City’s current Business License administrator is Avenu Insights and Analytics, located in Centreville, Virginia. For day-to-day business activities, City staff dealt with their North Carolina branch. The RFP for Business License Auditing and Administration Services was issued on October 1, 2020. It was sent to several companies known to provide such services, as H.9 Packet Pg. 150 well as being posted on the City website. In response to the RFP, the City received two (2) proposals by the submittal deadline of November 1, 2019. The companies submitting the proposals were HdL Companies (HdL), and Avenu Insights and Analytics (Avenu, formerly MuniServices). Following a review of the proposals, staff interviewed representatives from both companies to discuss the proposals, ask questions and meet company representatives. After these interviews, a number of client references were contacted from both companies to assess the quality of services provided to other cities. DISCUSSION: Following the evaluation process described in the Background section of this report, staff selected HdL as the company that would best meet the City’s objectives for Business License Auditing and Administration Services as identified in the RFP. Some of the factors leading to this determination are as follows: • HdL’s overall expertise in business license auditing and administration was judged to be outstanding. • HdL’s’ responsiveness and overall customer service to both the client and individual businesses within the client’s jurisdiction was evaluated as exceptional. • All business license receipts will be deposited by HdL into the City’s bank account daily, instead of monthly or weekly. • City staff will have access to HdL’s business license application to run up-to- date reports on the status of business licenses, as well as creating custom reports to extract business license information. • HdL’s offices are located in California (Brea) while Avenu’s main offices are located in Virginia (Centreville) making afternoon communication less productive due to the time differential. The following table presents the pricing of the two proposals: Company Discovery/Audit Phase Ongoing Administration HdL Software, LLC 35% of new revenue obtained for City, prior years and current year. $15.00 per license issued (annually) with Compliance Management Services.* Avenu Insights & Analytics 35% of new revenue obtained for City, prior years and current year. $12.00 per license issued (annually). H.9 Packet Pg. 151 HdL’s proposal includes Compliance Management Services which will cover the following steps: 1. Enriched Data Portfolio/Lead Identification: continuous building of an enhanced listing of entities subjected to licensure or taxation. 2. Field Surveys: Experienced crews with mobile mapping/GPS systems may canvas commercials areas of the City to develop lead identified in the Enriched Data Portfolio. 3. Exception Resolution: Records are reviewed to filter out records that may lead to erroneous contacts. 4. Compliance Communication and Outreach: HdL staff will initiate contact with identified entities through City approved communication methods which may include mail, telephone, e-mail, and website access. 5. Registry Update: HdL will create a City registry of all business license holders in the HdL Prime Software Suite and will be updated daily with Compliance Management Services documents. Although pricing is a key factor in the decision process, the selection of professional services is also based on a number of factors: • staff qualifications and experience • methodology • service level • customer service • ease of navigation of software application • availability of Vendor/Contractor to City staff It is City staff’s assessment that HdL would provide better overall service for the City, in spite of the price differential in the cost of ongoing administration per license. Due to their local location, customer service reputation, and the addition of Compliance Management Services, these factors help to offset the pricing differential between the two companies and led to staff’s recommendation to approve the Professional Services Agreement with HdL. The proposed agreement is structured for ongoing administration and discovery/audit services, as well, which are expected to provide enhanced efficiency and customer service due to HdL’s specialization in this area. In particular, providing businesses with the ability to apply for a business license on-line, renew a business license on-line, and remit payment of the business tax on-line will represent significant efficiencies for the City. While a key objective of the Business License Audit and Administration Services is to ensure that all entities doing business with the City have a current business license and pay the correct amount of business tax, the compliance effort will be conducted in a manner to promote good relations with the City’s businesses. At the beginning of the H.9 Packet Pg. 152 discovery/audit process, businesses will receive a letter explaining the purpose of the process, along with answers to commonly asked questions. City staff and HdL staff will work cooperatively throughout the process to provide prompt and comprehensive responses to any questions or concerns coming from businesses. Ongoing customer service to businesses should also be significantly improved by providing on-line application, renewal and payment capability. FISCAL IMPACT: The term of the proposed agreement is five (5) years and will have a total not to exceed amount of $75,000 over that period (maximum $15,000 per year). The $15 per account administration fee (estimated at $11,250 annually based on 750 active business licenses), represent an additional expense of $2,100 to the City compared to the $12 per account administration fee that the City pays today; however, it is expected to be more than offset by additional business tax revenue received as a result of the discovery/audit process. For the current fiscal year, since approximately 80% of businesses have renewed their licenses, it is expected that the current year’s costs may increase by $500. The 35% contingency fee related to the discovery and audit services will not represent additional expense for the City as it will be netted out from the additional revenue received. ATTACHMENTS: • Business License Audit RFP_City of Grand Terrace Sept-2019-2(PDF) • Business License Administration Svcs-1 FINAL (DOCX) APPROVALS: Cynthia A. Fortune Completed 03/05/2020 9:05 AM Finance Completed 03/05/2020 9:05 AM City Attorney Completed 03/05/2020 1:07 PM City Manager Completed 03/05/2020 6:47 PM City Council Pending 03/10/2020 6:00 PM H.9 Packet Pg. 153 City of Grand Terrace Request for Proposals for Business License Auditing & Administration Services Release Date October 1, 2019 Proposal Submittal Due Date November 1, 2019 H.9.a Packet Pg. 154 At t a c h m e n t : B u s i n e s s L i c e n s e A u d i t R F P _ C i t y o f G r a n d T e r r a c e S e p t - 2 0 1 9 - 2 ( P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - B u s i n e s s L i c e n s e A u d i t i n g & City of Grand Terrace Request for Proposals Business License Auditing & Administration Services Table of Contents Section Page I. INTRODUCTION ........................................................................................................ 1 II. DESCRIPTION OF THE GOVERNMENT A. Background Information ..................................................................................... 1 B. Business License Administration ........................................................................ 2 C. Computer Systems............................................................................................. 2 III. SCOPE OF WORK TO BE PERFORMED A. Required Services .............................................................................................. 2 B. Optional Services ................................................................................................... 3 IV. TIME REQUIREMENTS / CALENDAR ....................................................................... 3 V. ASSISTANCE AND ACCOMMODATIONS TO BE PROVIDED TO THE COMPANY A. Finance Department Assistance ......................................................................... 3 B. Office Accommodations ..................................................................................... 3 VI. PROPOSAL REQUIREMENTS A. General Requirements ....................................................................................... 4 B. Format of Technical Proposal ................................................................................ 4 C. Contents of Technical Proposal .......................................................................... 4 D. Format and Contents of Cost Proposal ............................................................... 6 VII. PROPOSAL EVALUATION PROCESS A. Review of Proposals .......................................................................................... 6 B. Evaluation Criteria .............................................................................................. 6 EXHIBITS: A: Municipal Code Chapter 5.04 (Business License Administration) B: Municipal Code Chapter 4.08 (Business Tax Rates) H.9.a Packet Pg. 155 At t a c h m e n t : B u s i n e s s L i c e n s e A u d i t R F P _ C i t y o f G r a n d T e r r a c e S e p t - 2 0 1 9 - 2 ( P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - B u s i n e s s L i c e n s e A u d i t i n g & City of Grand Terrace Request for Proposals – Business License Auditing & Administration Services 1 I. INTRODUCTION The City of Grand Terrace (City) is requesting proposals from qualified companies to conduct an audit of its business licenses to ensure that all companies doing business with the City have a current business license and are paying the correct amount of business tax in accordance with the City’s ordinance. The City is also seeking proposals for optional business license administration services to include processing of business licenses, renewals, payments, etc., and any related ordinance revisions to facilitate administrative efficiency. There is no expressed or implied obligation for the City to reimburse responding firms for any expenses incurred in preparing proposals in response to this Request for Proposals (RFP). Materials submitted by respondents are subject to public inspection under the California Public Records Act (Government Code Sec. 6250 et seq.), unless exempt. To be considered, one e-mail copy and three (3) copies of a proposal must be received by Cynthia A. Fortune, Assistant City Manager/Finance Director, City of Grand Terrace, at 22795 Barton Road, Grand Terrace, CA 92313, cfortune@grandterrace-ca.gov by 5:00 P.M. on November 1, 2019. During the evaluation process, the City reserves the right, where it may serve the City’s best interest, to request additional information or clarification from proposers, or to allow corrections of errors or omissions. At the discretion of the City, firms submitting proposals may be requested to make oral presentations as part of the evaluation process. The City reserves the right to retain all proposals submitted and to use any idea(s) in a proposal regardless of whether or not that proposal is selected. Submission of a proposal indicates acceptance by the firm of the conditions contained in the RFP, unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the City and the firm selected. The City also reserves the right to reject any or all proposals, to waive any non-material irregularities in any proposal, and to accept or reject any items or combination of items. It is anticipated that the selection of a company by staff to perform the services identified in this RFP will be completed by December 3, 2019. Following notification of the selected firm, a recommendation and proposed Professional Services Agreement will be submitted for the City Council’s review and approval on January 14, 2020. DESCRIPTION OF THE GOVERNMENT A. Background Information Grand Terrace is located approximately 60 miles from Los Angeles, in the County of San Bernardino. The City is situated off the I-215 freeway between the I-10 and the 60 freeways, encompassing an area of approximately 3.5 square miles. The City has a current population of 12,285. The City was incorporated in 1978 as a general law city, operating under a council/city manager form of government. The City is comprised of H.9.a Packet Pg. 156 At t a c h m e n t : B u s i n e s s L i c e n s e A u d i t R F P _ C i t y o f G r a n d T e r r a c e S e p t - 2 0 1 9 - 2 ( P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - B u s i n e s s L i c e n s e A u d i t i n g & City of Grand Terrace Request for Proposals – Business License Auditing & Administration Services 2 four Council Members (with one of these seats currently vacant), elected at large for four-year terms. The Mayor is directly elected for a four-year term. The City Council appoints the City Manager and City Attorney. The City’s operating budget for FY 2019-20 is $14 million, with a General Fund budget of $5.8 million. The City’s fiscal year begins on July 1st and ends on June 30th. The City has issued approximately 600 active business licenses and budgeted associated business tax revenue of $80,000 in the current fiscal year. The City’s Municipal Code has two chapters that govern its business licenses and associated business tax: Chapter 5.04, governing overall business license administration, and Chapter 4.08, providing the gross receipts and flat tax schedule. Chapter 4.08 was enacted in 1989 and Chapter 5.04 was enacted in 1979. These Municipal Code chapters are included as exhibits to the RFP. B. Business License Administration Responsibility for administering the City’s Business License ordinance is assigned to the Finance Department. C. Computer Systems The City utilizes the Tyler Technologies Eden financial system for general ledger and processing of its financial transactions, including procurement. Processing of business license transactions is handled via Progressive Solutions, Inc. (PSI) software. II. SCOPE OF WORK TO BE PERFORMED A. Required Services 1. Review of City business licenses to ensure that all companies doing business with the City have a current business license. Review may include physical inventory of businesses and/or analysis of State databases such as State Board of Equalization or Franchise Tax Board. H.9.a Packet Pg. 157 At t a c h m e n t : B u s i n e s s L i c e n s e A u d i t R F P _ C i t y o f G r a n d T e r r a c e S e p t - 2 0 1 9 - 2 ( P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - B u s i n e s s L i c e n s e A u d i t i n g & City of Grand Terrace Request for Proposals – Business License Auditing & Administration Services 3 2. For any business that does not have a current business license, provide the City with follow-up action plan to achieve licensing compliance. 3. Provide recommended methodology for verifying accuracy of “gross receipts” or flat rate tax. 4. Provide recommended changes in business license policies/procedures to improve internal controls over business license issuance and associated business tax collection. B. Optional Services 1. Ongoing Administration: Processing of all business license applications and renewals, including remittance processing and collection of delinquent accounts. 2. Ordinance Review: Submittal of recommended revisions to current Ordinance to improve administration and efficiency, along with a proposed draft ordinance. III. TIME REQUIREMENTS / CALENDAR Following are the key dates related to this RFP, proposal review and contract award: Date Event October 1, 2019 RFP release November 1, 2019 Proposal due date (5:00 P.M.) November 4 - 15, 2019 Staff evaluation of proposals November 20-21, 2019 Oral interviews of selected companies December 3, 2019 Staff selection of company December 10 - 31, 2019 Finalization of professional services agreement January 14, 2020 City Council approval of professional services agreement IV. ASSISTANCE AND ACCOMMODATIONS TO BE PROVIDED TO THE COMPANY A. Finance Department Assistance Finance Department staff will be available during the business license audit engagement to assist the selected company by providing business license data, reports and other related financial information, documentation and explanations. B. Office Accommodations During the term of the business license audit engagement, the City will provide the company with reasonable work space, including access to the PSI business license system and to the City’s financial system, if needed. H.9.a Packet Pg. 158 At t a c h m e n t : B u s i n e s s L i c e n s e A u d i t R F P _ C i t y o f G r a n d T e r r a c e S e p t - 2 0 1 9 - 2 ( P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - B u s i n e s s L i c e n s e A u d i t i n g & City of Grand Terrace Request for Proposals – Business License Auditing & Administration Services 4 V. PROPOSAL REQUIREMENTS A. General Requirements 1. Inquiries concerning the RFP must be submitted via email to the City’s Finance Director at the following email address: cfortune@grandterrace-ca.org 2. Responses will not be made to telephone inquiries. 3. Proposal Submittal: One (1) e-mail copy and three (3) copies of the proposal must be received by the City of Grand Terrace by 5:00 P.M. on November 1, 2019 for a proposal to be considered. The proposal should address the items in Sections B, C and D below. The proposal should be addressed as follows: City of Grand Terrace Attn: Cynthia A Fortune, Finance Director 22795 Barton Road Grand Terrace, CA 92313 cfortune@grandterrace-ca.gov B. Format of Technical Proposal 1. Title Page showing the RFP subject; the firm’s name; the name, address, telephone number and email address of the contact person; and date of proposal. 2. Table of Contents identifying the materials submitted by section and page number. 3. Signed Transmittal Letter briefly stating the proposer’s understanding of the services to be performed; the commitment to perform the services within the specified time period; and the person authorized to represent the proposer. 4. Detailed proposal organized in the order set forth in Section C below. C. Contents of Technical Proposal The purpose of the Technical Proposal is to demonstrate the qualifications, competence and capacity of the firm seeking to undertake an audit of the City of Grand Terrace business license program in conformity with the requirements of this RFP. As such, the substance of proposals will carry more weight than the form or manner of the presentation. The Technical Proposal should demonstrate the qualifications of the firm and of the particular staff to be assigned to the engagement. The Technical Proposal should address all points outlined in the RFP, excluding any cost information, which should only be included in the sealed Cost Proposal. The Technical Proposal should be prepared in a straightforward and economical manner, providing a concise description of the proposer’s capabilities to satisfy the requirements of this RFP. While additional information may be presented, the following items must be included. They represent the criteria against which the proposal will be evaluated. H.9.a Packet Pg. 159 At t a c h m e n t : B u s i n e s s L i c e n s e A u d i t R F P _ C i t y o f G r a n d T e r r a c e S e p t - 2 0 1 9 - 2 ( P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - B u s i n e s s L i c e n s e A u d i t i n g & City of Grand Terrace Request for Proposals – Business License Auditing & Administration Services 5 1. Company Qualifications and Experience a. To qualify, the firm must have comprehensive experience in business license audits of local governments. An additional consideration will also be the firm’s qualifications and experience in business license administration. The proposal should state the size of the firm, the location of the office from which the work on this engagement is to be performed, and the number and nature of the professional staff to be employed in this engagement. b. The proposer must provide a list of all current municipal clients for its business license audit and administration services. c. The proposer must identify the principal management, supervisory and professional staff who will be assigned to this engagement, including resumes, as well as the number, qualifications, experience and training of the specific staff to be assigned to this engagement. 2. Similar Engagements with Other Government Entities a. For the firm’s office that will be assigned responsibility for the audit, list the most significant engagements (maximum of five) performed in the last three (3) years that are similar to the engagement described in this RFP. b. Provide a list of not less than five (5) client references for which services similar to those outlined in this RFP are currently being provided. For each reference listed provide the name of the organization, dates for which the service(s) are being provided, type of service(s) being provided, and the name, address and telephone number of the responsible person within the reference client’s organization. The City reserves the right to contact any or all of the listed references regarding the audit services performed by the proposer. 3. Specific Approach to Audit and Administration a. The proposal should set forth a work plan, including an explanation of the methodology to be followed, for both the Required Services and Optional Services as described in this RFP. b. Proposers must provide the following information regarding their audit approach: (1) Level of staff and number of hours to be assigned to the engagement; (2) Approach to be taken to gain and document an understanding of the City’s administrative processes and procedures related to business licensing. NOTE: NO PRICING OF THE AUDIT SERVICES ENGAGEMENT SHOULD BE INCLUDED IN THE TECHNICAL PROPOSAL. H.9.a Packet Pg. 160 At t a c h m e n t : B u s i n e s s L i c e n s e A u d i t R F P _ C i t y o f G r a n d T e r r a c e S e p t - 2 0 1 9 - 2 ( P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - B u s i n e s s L i c e n s e A u d i t i n g & City of Grand Terrace Request for Proposals – Business License Auditing & Administration Services 6 D. Format and Contents of Cost Proposal 1. The cost proposal should identify the detailed pricing information relative to performing the audit engagement for both Required Services and Optional Services, as described in this RFP. 2. If a contingency fee structure is proposed for the recovery of previously uncollected business taxes, the specific contingency percentage and methodology must be described. VI. PROPOSAL EVALUATION PROCESS A. Review of Proposals A City evaluation team will review and evaluate all proposals based on the criteria identified in Section B below. B. Evaluation Criteria Following are the criteria to be used by the City evaluation team in evaluating the proposals: 1. The company’s professional qualifications for performing the work described in this RFP. 2. The company’s past experience and performance on comparable engagements. 3. The company’s success with other clients in achieving full recovery of business taxes due. 4. The company’s success in enabling other clients to improve their business license and tax collection processes and achieve enhanced staff efficiency 5. The quality of the firm’s professional personnel to be assigned to the engagement and the quality of the firm’s management support personnel to be available for technical consultation. 6. Adequacy of proposed staffing plan for various segments of the engagement. 7. Thoroughness of approach to conducting the audit and demonstration of understanding of audit objectives and scope. 8. Fees to be charged for conducting the audit and producing the required reports. NOTE: REFERENCES WILL BE CONTACTED AS PART OF THE PROPOSAL EVALUATION PROCESS. H.9.a Packet Pg. 161 At t a c h m e n t : B u s i n e s s L i c e n s e A u d i t R F P _ C i t y o f G r a n d T e r r a c e S e p t - 2 0 1 9 - 2 ( P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - B u s i n e s s L i c e n s e A u d i t i n g & Grand Terrace Municipal Code, Title 5, Chapter 5.04 Page 1 of 17 Exhibit "A" Grand Terrace Municipal Code TITLE 5 – BUSINESS LICENSES, TAXES AND REGULATIONS Chapter 5.04 – Business Licenses Taxes H.9.a Packet Pg. 162 At t a c h m e n t : B u s i n e s s L i c e n s e A u d i t R F P _ C i t y o f G r a n d T e r r a c e S e p t - 2 0 1 9 - 2 ( P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - B u s i n e s s L i c e n s e A u d i t i n g & Grand Terrace Municipal Code, Title 5, Chapter 5.04 Page 2 of 17 Chapter 5.04 - BUSINESS LICENSE TAXES Sections: 5.04.010 - Purpose. The purpose of this chapter is to provide for the levying of a license tax on business in order to obtain revenues. (Ord. 102 § 2, 1986: Ord. 15 Art. I(part), 1979) 5.04.020 - Definitions. For the purposes of this chapter, unless it is plainly evident from the context that a different meaning is intended, the words and phrases used in this chapter shall have the following meanings: A. "Business" means and includes business, trade, vocation, profession, craft, occupation, exhibition, show, enterprise, activity and calling of every kind and nature, whether or not carried on for profit. B. "City" means the city of Grand Terrace, a municipal corporation of the state, in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form. C. "Collector" means the finance director or other officer charged by the city manager with the administration of the provisions of this chapter. D. "Gross receipts" means and includes the total amount of the sale price of all sales, the total amount charged or received for the performance of any act, service or employment of whatever nature it may be, whether or not such service, act or employment is done as a part of, or in connection with, the sale of materials, commodities, goods, wares, merchandise, for which a charge is made or credit allowed, including all receipts, cash, credits and property of any kind or nature, any amount for which credit is allowed by the seller to the purchaser without any deduction therefrom on account of the cost of the property sold, the cost of the materials used, labor or service costs, interest paid or payable, losses or other expenses whatsoever; provided, that cash discounts allowed or taken on sales shall not be included. Any tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser, and such part of the sales price of any property previously sold and returned by the purchaser to the seller by way of cash or credit allowances given, or taken as part payment on any property so accepted for resale, shall be deducted for the purpose of determining the gross receipts under this chapter. E. "Person" means and includes all domestic and foreign corporations, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, businesses, common law trusts, societies and individuals transacting and carrying on any business in the city other than as employee. F. "Sale" means and includes the transfer, in any manner or by any means, of title to property for a consideration of any property, and a transaction whereby the possession of property is transferred, and the seller retains the titles as security for the payment of the price. Such definition shall not be deemed to exclude any transaction which is or which, in effect, results in a "sale" within the contemplation of law. H.9.a Packet Pg. 163 At t a c h m e n t : B u s i n e s s L i c e n s e A u d i t R F P _ C i t y o f G r a n d T e r r a c e S e p t - 2 0 1 9 - 2 ( P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - B u s i n e s s L i c e n s e A u d i t i n g & Grand Terrace Municipal Code, Title 5, Chapter 5.04 Page 3 of 17 G. "Sworn statement" means an affidavit sworn to before a person authorized to take oaths, or a declaration or certification made under penalty of perjury. (Ord. 15 Art. I § 1, 1979) 5.04.030 - Other license taxes or fees unaffected. Persons required to pay a license tax or fee under the provisions of this chapter are not relieved from payment of any tax or fee under any other city ordinance unless so specified therein. (Ord. 102 § 3, 1986: Ord. 15 Art. I § 2, 1979) 5.04.040 - License required. A. All businesses in the city must procure a license and are liable for payment of any taxes imposed by this chapter. B. Whenever the tax imposed is measured by the number of vehicles, devices, machines or other pieces of equipment used, or whenever the license tax is measured by the gross receipts from the operation of such items, the collector shall issue only one license; provided, however, he may issue for each period for which the license tax has been paid, one identification sticker, tag, plate or symbol for each item included in the measure of the tax or used in a business where the tax is measured by the gross receipts from such items. (Ord. 15 Art. I § 3, 1979) 5.04.050 - Application—Generally. All persons required by the provisions of this chapter shall make application for such license to the city. License applications shall contain the following information: A. Name of person to be licensed; B. Name of business; C. Type of business; D. Location of business; E. Date of expiration of current license; F. Any other information deemed necessary. (Ord. 15 Art. I § 4, 1979) 5.04.060 - Application—Initial. Persons making application for their first license must furnish the city a sworn statement with the following information: A. Exact nature or kind of business; B. Location of business and residence of owner; H.9.a Packet Pg. 164 At t a c h m e n t : B u s i n e s s L i c e n s e A u d i t R F P _ C i t y o f G r a n d T e r r a c e S e p t - 2 0 1 9 - 2 ( P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - B u s i n e s s L i c e n s e A u d i t i n g & Grand Terrace Municipal Code, Title 5, Chapter 5.04 Page 4 of 17 C. If corporation or partnership, the names and residence of all the board of directors, members or owners; D. If doing business under a fictitious name, the name and residence of the owner; E. If tax is measured by gross receipts, all information necessary to determine the tax to be paid; F. Any other information deemed necessary. (Ord. 15 Art. I § 5, 1979) 5.04.070 - Estimates of gross receipts. If the first license tax to be paid by the applicant is based upon gross receipts, he shall pay an estimated fee of not less than that established by resolution for the period covered by the first license to be issued. Such person shall, within thirty days after the expiration of the period for which such license was issued, furnish the collector with a sworn statement, upon a form furnished by the collector, showing the gross receipts during the period of such license, and the license tax for such period shall be finally ascertained and paid in full, after deducting from the payment the estimated fee paid at the time such license was issued. (Ord. 15 Art. I § 6, 1979) 5.04.080 - Conducting a business. When persons shall, by the use of signs, newspapers or other forms of advertising, represent that they are in business in the city, and such persons fail to deny by a sworn statement after being requested to do so by the collector, then these persons shall be deemed to be conducting business. (Ord. 15 Art. I § 7, 1979) 5.04.090 - Duplicate license. A duplicate license may be issued by the collector to replace any previously issued license which has been lost or destroyed. The licensee shall be required to pay a duplicate license fee as established by resolution of the city. (Ord. 15 Art. I § 8, 1979) 5.04.100 - Renewal. An applicant for license renewal shall submit a sworn statement to the city to enable the collector to ascertain the amount of license tax to be paid. (Ord. 15 Art. I § 9, 1979) 5.04.110 - Nontransferability—New locations—Name change. No license issued under this chapter is transferable. Licensees may, upon application and paying a fee as set by fee schedule, have their licenses amended to conduct business at a new H.9.a Packet Pg. 165 At t a c h m e n t : B u s i n e s s L i c e n s e A u d i t R F P _ C i t y o f G r a n d T e r r a c e S e p t - 2 0 1 9 - 2 ( P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - B u s i n e s s L i c e n s e A u d i t i n g & Grand Terrace Municipal Code, Title 5, Chapter 5.04 Page 5 of 17 location or under a new name, as long as the owner of the business does not change. To do this the licensee must submit in writing to the collector the reason for the change and include the old license. (Ord. 102 § 4, 1986: Ord. 15 Art. I § 10, 1979) 5.04.120 - Branch establishments—Multiple businesses. A. A separate license must be obtained for each branch establishment or location of a business. B. Any person conducting two or more types of business at the same location or different locations, but under the same management and books, may at his option pay one tax based on gross receipts of all business. (Ord. 15 Art. I § 11, 1979) 5.04.130 - Posting license, sticker or tag. A. Any licensee conducting a business at a fixed location shall keep the license posted in a conspicuous place. B. Any licensee not operating at a fixed place shall keep the license immediately available, while conducting business. When stickers, tags or symbols have been issued for vehicles, devices or machines, the person licensed is responsible to affix and maintain such sticker during the period of such license. C. No person shall give away, sell or transfer any identifying sticker or tag, or permit its use by any other party. (Ord. 15 Art. I § 12, 1979) 5.04.140 - Extensions—Penalty waivers. In addition to all other powers conferred upon the collector, the collector shall have the power to extend the time for filing any required sworn statement or application for a period not exceeding thirty days, and in such case to waive any penalty, except that a simple interest charge, as set by resolution, shall be added to any tax determined payable. (Ord. 15 Art. I § 13, 1979) 5.04.150 - Interstate commerce. A. None of the license taxes shall be so applied as to place an undue burden upon interstate commerce or violate the equal protection and due process clauses of the Constitution of the United States or the Constitution of the state of California. B. If a licensee believes an undue burden has been placed upon him, he may apply to the city within six months after payment of the prescribed tax. The collector shall investigate, and with approval from the city attorney, fix the license tax at an amount that is reasonable and nondiscriminatory. (Ord. 15 Art. I § 14, 1979) H.9.a Packet Pg. 166 At t a c h m e n t : B u s i n e s s L i c e n s e A u d i t R F P _ C i t y o f G r a n d T e r r a c e S e p t - 2 0 1 9 - 2 ( P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - B u s i n e s s L i c e n s e A u d i t i n g & Grand Terrace Municipal Code, Title 5, Chapter 5.04 Page 6 of 17 5.04.160 - Exemption by federal or state law. A. This chapter shall not be construed to apply to any business exempt from payment of taxes in this chapter by virtue of the Constitution or applicable statutes of the United States or the state of California. Any person claiming exemption pursuant to this section shall file a sworn statement of facts supporting such claim with the city. Upon a proper showing, the collector shall issue such exempt license. Otherwise, the applicant shall be liable for payment of the license tax. B. The city may suspend or revoke any license granted, upon receipt of information that the licensee is not entitled to such exemption. (Ord. 15 Art. I § 15, 1979) 5.04.170 - Charitable organizations. This chapter shall not be construed so as to require payment of a tax for any business conducted wholly for the benefit of charitable purposes and from which profit is not derived by any person, except that such charitable organization shall pay the business license tax required in this chapter on unrelated business income for purposes of determining whether or not a trade or business conducted by a charitable organization falls within the definition of "Unrelated Business Income of Exempt Charitable Organizations," the interpretation Rules and Regulations of the Department of the Treasury, Internal Revenue Service, shall be used in making a determination on such matters, and any determination made by the Internal Revenue Service concerning such matters shall not be binding upon the city. (Ord. 15 Art. I § 16, 1979) 5.04.180 - Disabled veterans. All honorably discharged service veterans of the United States, who are physically unable to obtain their livelihood by manual labor, shall have the right to hawk, peddle and vend any goods owned by them, except intoxicants, without the payment of a license tax under the following restrictions: A. They shall furnish a certificate of physical disability from a licensed physician. B. They shall furnish two identification photographs. One shall be affixed to the license and the other shall be retained by the city. C. The license shall be nontransferable. D. The license shall expire after thirty days. (Ord. 15 Art. I § 17, 1979) 5.04.190 - Minors selling periodicals. No license tax shall be required of any minor selling or soliciting subscriptions for or delivering any newspaper, magazine or other periodicals. (Ord. 15 Art. I § 18, 1979) H.9.a Packet Pg. 167 At t a c h m e n t : B u s i n e s s L i c e n s e A u d i t R F P _ C i t y o f G r a n d T e r r a c e S e p t - 2 0 1 9 - 2 ( P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - B u s i n e s s L i c e n s e A u d i t i n g & Grand Terrace Municipal Code, Title 5, Chapter 5.04 Page 7 of 17 5.04.200 - Exemption by minimal gross receipts. No license tax shall be required on any business which has annual gross receipts of less than an amount as set by resolution. (Ord. 15 Art. I § 19, 1979) 5.04.210 - Public utilities exempted. No license tax is required on any business conducted by a public utility which pays the city a tax pursuant to a franchise agreement. (Ord. 15 Art. I § 20, 1979) 5.04.220 - Examination of income tax returns. A. The statements required by this chapter shall be subject to verification by the collector or authorized employees of the city who are hereby authorized to examine a person's federal income tax returns to verify or ascertain the amount of license tax due. B. All persons shall keep federal income tax returns for a period of at least three years for examination by the collector. No person shall refuse to allow the collector to examine the returns at reasonable times and places. (Ord. 15 Art. I § 21, 1979) 5.04.230 - Confidentiality of information. It is unlawful for the city or its agents to make known the business affairs or information obtained by an investigation of any business required to obtain a license. Nothing in this section shall be construed to prevent: A. Disclosure of records to another city official for the sole purpose of administering or enforcing this chapter; B. Disclosure of information or examination of records to federal, state, county or other city officials if a reciprocal arrangement exists, or to a grand jury or court of law, upon subpoena; C. Results of examination of records of particular taxpayers, to a court of law to determine the amount of license tax liability of that taxpayer; D. Disclosure of the names and addresses of licensee, and the general nature of their business; E. Disclosure by way of public meeting of such information necessary to the city council to advise as to the facts as to claims for refund of the license tax. (Ord. 15 Art. I § 22, 1979) H.9.a Packet Pg. 168 At t a c h m e n t : B u s i n e s s L i c e n s e A u d i t R F P _ C i t y o f G r a n d T e r r a c e S e p t - 2 0 1 9 - 2 ( P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - B u s i n e s s L i c e n s e A u d i t i n g & Grand Terrace Municipal Code, Title 5, Chapter 5.04 Page 8 of 17 5.04.240 - Failure to make required statement—Assessment. A. If any person fails to file any required statement within the time prescribed, or after being requested to do so by the city, or if any person subject to the license tax fails to apply, the collector may determine the fees due by means of any information as may be available or may estimate the fees. B. If the city is not satisfied with the information supplied in statements or applications, the collector may determine the amount of license tax due by means of any information that may be available. If such a determination is made the collector shall give notice of the amount so assessed by serving it personally or by depositing it in the United States Post Office at Grand Terrace, California, postage prepaid, addressed to the person so assessed at his last known address. Such person may, within fifteen days after the serving or mailing of such notice, make application in writing to the city for a hearing on the amount of the license tax. If such application is made, the collector shall cause the matter to be set for hearing within thirty days before the city council. The collector shall give at least twenty days' notice to such person of the time and place of the hearing in the manner prescribed above for serving notices of assessment. The city council shall consider all evidence produced, and shall make findings thereon, which shall be final. Notice of such findings shall be served upon the applicant in the manner prescribed in this section for the serving of notices of assessments. (Ord. 15 Art. I § 23, 1979) 5.04.250 - Appeals. Any person aggrieved by any decision of the collector may appeal for relief to the city council by filing a notice of appeal with the city clerk. The city council shall fix a time and place for a hearing and shall serve notice to such applicant. The city council has authority to adjudicate all questions raised by appeal, no adjudication made by the city council shall be in conflict with this chapter. (Ord. 15 Art. I § 24, 1979) 5.04.260 - Gross-receipts taxes—Applicability. Every person who engages in business at a fixed place of business within the city except as shown in Section 5.04.290 of this chapter shall pay a license tax based upon gross receipts. The license tax to be paid shall be set by resolution of the city. (Ord. 15 Art. II § 1, 1979) 5.04.270 - Gross-receipts taxes—Deductions. Any person who maintains a fixed place of business in the city, and whose gross receipts from the sale of goods and/or services is attributable to business activity both inside and outside the city, may apportion such gross receipts and deduct from one hundred percent of gross receipts the percentage deemed to be directly attributable to selling activities carried on outside the city. The licensee may deduct, to the extent appropriate, but in no case in an amount greater than, the following percentages of those sales performed at a place or location outside the city: H.9.a Packet Pg. 169 At t a c h m e n t : B u s i n e s s L i c e n s e A u d i t R F P _ C i t y o f G r a n d T e r r a c e S e p t - 2 0 1 9 - 2 ( P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - B u s i n e s s L i c e n s e A u d i t i n g & Grand Terrace Municipal Code, Title 5, Chapter 5.04 Page 9 of 17 A. Up to thirty percent for the location where the sale is negotiated or solicited by the taxpayer, through the physical presence of himself, his employees or his agents; B. Up to twenty percent for the sales office which serves as the base of operations for sales activities, or if there is no sales office which serves as a base of operations, the office from which the sales activities are directed or controlled; C. Up to ten percent for the locations where orders or contracts are accepted or approved. Such acceptance or approval shall be deemed to take place at the location of the office specified in subsection B of this section, unless there is clear and conclusive evidence that a binding acceptance or approval occurs elsewhere; D. Up to twenty percent for any facility, operated by the taxpayer, where the goods, wares or merchandise are stored immediately prior to shipment or delivery; E. Up to five percent for the location which gives the order for, or arranges for, the shipment or delivery of articles sold; F. Up to five percent for the place where billing procedures are performed; G. Up to five percent for the place where the collecting of receipts is performed; H. Up to five percent for the place to which merchandise is delivered by vehicles operated by the taxpayer. (Ord. 15 Art. II § 2(part), 1979) 5.04.280 - Gross-receipts taxes—Modification of deductions. A. Any person who believes that the percentage determined to be allowable as a deduction from gross receipts under Section 5.04.270 is less than the facts justify, may apply to the city for a modification of the percentage. Such application shall be made in writing to the collector and shall be accompanied by a statement of facts supporting the basis for such modification. The collector shall make his determination on the basis of evidence presented to him, and such other evidence as he may have, or may discover from other sources. The collector shall increase, reduce or allow to stand the percentage originally determined, depending on the facts. B. Should the collector be of the opinion that the percentage calculated to be allowable as a deduction from gross receipts under the provisions of this section is greater than the facts justify in any particular case, he shall make such investigation as is necessary to ascertain the facts and revise the percentage, if warranted. C. Any variation from the percentages provided for under this ruling shall be approved in writing by the collector. (Ord. 15 Art. II § 2(part), 1979) 5.04.290 - Flat-rate taxes. Every person transacting, conducting, managing, engaging in and carrying on the business and activities set forth hereafter in this section shall pay a license tax as set by the city: A. Auctioneers. The provisions of this section shall not apply to any person having an established permanent place of business for conducting a public auction, or to any fixed H.9.a Packet Pg. 170 At t a c h m e n t : B u s i n e s s L i c e n s e A u d i t R F P _ C i t y o f G r a n d T e r r a c e S e p t - 2 0 1 9 - 2 ( P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - B u s i n e s s L i c e n s e A u d i t i n g & Grand Terrace Municipal Code, Title 5, Chapter 5.04 Page 10 of 17 business which may auction any merchandise for purposes of winding up the affairs of the business or for the purpose of closing out of a special line of merchandise; B. Outdoor festivals; means any music festival, dance festival or similar musical activity which is held at any place other than in a permanent building constructed for such purpose; C. Carnival. "Carnival" means any shows, entertainments, mechanical rides, amusements, performances or games of any kind, which as a result of the operation, things or representatives of value are given or paid; D. Circus. "Circus" means an exhibition or entertainment at which feats of horsemanship, acrobatics and trained or wild animals are exhibited or displayed, to which exhibition or entertainment an admission fee is charged; E. Contractors; F. Dancing, public dance without charge; G. Dancing, public dance for admission fee or charge; H. Delivery by vehicle; making deliveries of merchandise to business establishments in Grand Terrace, and not having a fixed place of business in the city; I. Handbill distributor not having a fixed place of business within the city and conducting the business of advertising by the distribution of handbills, circulars or other written or printed materials; J. Security service; night-watch service, security service, private policeman or detective agency; K. Peddler or solicitor; peddling or soliciting by use of telephone service or other communication, travel by foot or any type of conveyance from place to place, and carrying or conveying goods, wares or merchandise for sale and having no fixed place of business within the city; L. Shoeshine stand; M. Redemption store; redeeming any stamps, coupons, tickets, cards or other devices issued for or with the sale of goods, wares or merchandise which stamps, coupons, tickets, cards or other devices so issued entitle the purchaser receiving the same to procure from the person, firm or corporation any goods, wares or merchandise free of charge, upon the production of one or any number of such stamps, coupons, tickets, cards or other devices; N. Swap meet. 1. "Swap meet" means any business which rents spaces to various dealers or individuals for selling or offering for sale, goods, wares and merchandise, and where an admission fee is charged to enter the area where the merchandise is being offered for sale. 2. Receipts for the space rental shall be written in triplicate on numbered receipts, and shall contain the name and addresses of the dealer or individual, and the make and license number of his automobile. One copy of the receipt shall be furnished to the dealer, one copy filed with the city, immediately after the sale, and one copy retained by the swap meet operator for a period of three years for audit purposes; H.9.a Packet Pg. 171 At t a c h m e n t : B u s i n e s s L i c e n s e A u d i t R F P _ C i t y o f G r a n d T e r r a c e S e p t - 2 0 1 9 - 2 ( P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - B u s i n e s s L i c e n s e A u d i t i n g & Grand Terrace Municipal Code, Title 5, Chapter 5.04 Page 11 of 17 O. Transportation of passengers; auto livery, bus, taxi, ambulance or other vehicle, for the transportation of passengers for hire; P. No fixed place of business; not having a fixed place of business within the city who engages in business within Grand Terrace and not having been classified under any other section of this chapter; Q. Fixed place of business; having a fixed place of business within the city and not included under Section 5.04.260. (Ord. 102 § 5, 1986: Ord. 15 Art. III, 1979) 5.04.300 - Payment—Due dates. A. Annual. The first business license tax to be administered by the city shall be due and payable in advance on the first day of July, 1979. This first license shall be effective for a period of six months ending December 31, 1979. All subsequent annual license taxes shall be due and payable in advance of the first day of January of each year. License taxes covering new operations, commenced after the first day of January, shall be prorated for the remaining balance of the license period. B. License taxes other than annual shall be due and payable as follows: 1. Semiannual license tax, measured by gross receipts, on the first day of January and the first day of July; 2. Quarterly tax, measured by gross receipts, on the first day of January, April, July and October of each year; 3. Monthly tax, measured by gross receipts, on the first day of each month; 4. Weekly flat-rate tax, on Monday of each week; 5. Daily flat-rate tax, due each day in advance; 6. Other flat-rate taxes, due on the first day of business and thereafter on the first day of the applicable period. (Ord. 15 Art. I § 25, 1979) 5.04.310 - Delinquency—Installment payments. A. Failure to pay a license tax when due shall result in a penalty of ten percent of the license tax on the last day of each month after the due date. The amount of the penalty shall not exceed fifty percent of the amount of license tax due. B. No license or sticker shall be issued to any person who is indebted to the city for any delinquent license taxes, unless with consent of the collector when that person enters into a written agreement to pay the delinquent taxes, plus twelve percent simple annual interest upon the unpaid balance, in monthly installments over a period not to exceed six months. In such an agreement, failure to make timely installment payments shall result in making the entire amount due immediately, and current license shall be revoked by the collector upon thirty days' notice. If legal action is brought by the city to enforce collection, the defendants shall be liable to pay all costs incurred by the city, including a reasonable attorney's fee. (Ord. 15 Art. I § 26, 1979) H.9.a Packet Pg. 172 At t a c h m e n t : B u s i n e s s L i c e n s e A u d i t R F P _ C i t y o f G r a n d T e r r a c e S e p t - 2 0 1 9 - 2 ( P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - B u s i n e s s L i c e n s e A u d i t i n g & Grand Terrace Municipal Code, Title 5, Chapter 5.04 Page 12 of 17 5.04.320 - Refund of overpayments. No refund of an overpayment of taxes shall be allowed unless a claim for refund is filed with the city within a period of three years from the last day of the month following the period for which the overpayment was made. (Ord. 15 Art. I § 27, 1979) 5.04.330 - Administrative rules and regulations. The collector may make rules and regulations not inconsistent with the provisions of this chapter as may be necessary to aid in the enforcement of the provisions of this chapter. (Ord. 15 Art. I § 28, 1979) 5.04.350 - Enforcement. A. It shall be the duty of the collector to enforce all the provisions of this chapter. The city manager and the city attorney and all subordinate officials as directed by the city manager shall assist in the enforcement of this chapter. B. The collector shall examine all places of business to ascertain whether the provisions of this chapter have been complied with. The collector has the power and authority to enter, upon reasonable notice, any business required to be licensed and demand an exhibition of its license. Any person who willfully fails to exhibit the same on demand is guilty of an infraction and subject to the penalties of this chapter. (Ord. 15 Art. I § 29, 1979) 5.04.360 - Debt status of tax—Actions to collect. The amount of any license tax and penalty imposed by this chapter shall be deemed a debt to the city. Action may be commenced in the name of the city in any court of competent jurisdiction, for the amount of any delinquent taxes and penalties. (Ord. 15 Art. I § 30, 1979) 5.04.370 - Remedies cumulative. All remedies prescribed under this chapter shall be cumulative and use of one or more remedies by the city shall not bar the use of any other remedy for the purpose of enforcing the provisions of this chapter. (Ord. 15 Art. I § 31, 1979 5.04.380 - Existing licenses. A. Neither the adoption of the ordinance codified in this chapter nor its superseding of any portion of any other city ordinance shall in any way be construed to affect the prosecution for violation of any other ordinance committed prior to the effective date of the ordinance codified H.9.a Packet Pg. 173 At t a c h m e n t : B u s i n e s s L i c e n s e A u d i t R F P _ C i t y o f G r a n d T e r r a c e S e p t - 2 0 1 9 - 2 ( P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - B u s i n e s s L i c e n s e A u d i t i n g & Page 13 of 17 Grand Terrace Municipal Code, Title 5, Chapter 5.04 in this chapter, nor be construed as a waiver of any license or any penal provision applicable to any such violation, nor shall be construed to affect the validity of any bond or cash deposit required by any other ordinance to be posted or deposited, and all rights and obligations thereunto appertaining shall continue in full force and effect. B. When a license for revenue has been issued and the tax paid for the business for which the license has been issued under the provisions of any ordinance enacted and the term of such license has not expired, then the license tax prescribed for the business by this chapter shall not be payable until expiration of the term of such unexpired license. (Ord. 15 Art. I § 32, 1979) 5.04.390 - Violation—Penalty. Any person violating any of the provisions of this chapter is guilty of an infraction and, upon conviction thereof, shall be punishable by (A) a fine not exceeding fifty dollars for the first violation; (B) a fine not exceeding one hundred dollars for a second violation of the same ordinance within one year; and (C) a fine not exceeding two hundred fifty dollars for each additional violation of the same ordinance within one year. Each such person is guilty of a separate offense for each and every day during any portion of which any violation of this chapter or any of its provisions is committed, continued or permitted by such a person and shall be punishable accordingly, as provided in this section. (Ord. 15 Art. I § 33, 1979) H.9.a Packet Pg. 174 At t a c h m e n t : B u s i n e s s L i c e n s e A u d i t R F P _ C i t y o f G r a n d T e r r a c e S e p t - 2 0 1 9 - 2 ( P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - B u s i n e s s L i c e n s e A u d i t i n g & Grand Terrace Municipal Code, Title 4, Chapter 4.08 Page 14 of 17 Exhibit "B" Grand Terrace Municipal Code TITLE 4 – COMPREHENSIVE FEE SCHEDULES, FINES AND TAXES Chapter 4.08 – Business License Tax H.9.a Packet Pg. 175 At t a c h m e n t : B u s i n e s s L i c e n s e A u d i t R F P _ C i t y o f G r a n d T e r r a c e S e p t - 2 0 1 9 - 2 ( P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - B u s i n e s s L i c e n s e A u d i t i n g & Grand Terrace Municipal Code, Title 4, Chapter 4.08 Page 15 of 17 Chapter 4.08 - BUSINESS LICENSE TAX Sections: 4.08.010 - General. A. Any person, firm or corporation conducting or carrying on business within the city shall be charged a business license tax based upon the following schedule. B. Gross Receipts Tax Schedule. Each person conducting or carrying on a fixed business location located in the city shall pay a business license tax based upon their annual gross receipts as follows: Business License Tax Gross Receipts $30.00 flat rate Under $49,999 50.00 flat rate $50,000 to $ 99,999 70.00 flat rate 100,000 to 149,999 120.00 flat rate 150,000 to 199,999 170.00 flat rate 200,000 to 299,999 220.00 flat rate 300,000 to 499,999 270.00 flat rate 500,000 to 699,999 320.00 flat rate 700,000 to 999,999 $320.00 plus $0.25 per $1,000 of gross receipts over $1,000,000 to a maximum of $1,200. (Ord. 145 § 1(part), 1993: Ord. 112 § 2(Exhibit A Item 1(part)), 1989) 4.08.020 - Rentals. Each person who owns multiple residential units (two or more) or property or improvements within the city who receives any rental income therefrom, however such income is designated or collected, shall, for the purpose of paying a business license tax, have all such income taxed under the gross receipts provisions as if such person were conducting or carrying on business at a fixed location within the city. Rental income shall include the value of the compensation or return for the use of real property or improvements thereon. (Ord. 145 § 1(part), 1993: Ord. 112 § 2(Exhibit A Item 1(part)), 1989) 4.08.030 - Flat rate tax schedule. Each person carrying on or conducting any business within the city and not having been specifically taxed under any other chapter of this title shall pay a business license tax levied at the flat rate set forth as follows: H.9.a Packet Pg. 176 At t a c h m e n t : B u s i n e s s L i c e n s e A u d i t R F P _ C i t y o f G r a n d T e r r a c e S e p t - 2 0 1 9 - 2 ( P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - B u s i n e s s L i c e n s e A u d i t i n g & Grand Terrace Municipal Code, Title 4, Chapter 4.08 Page 16 of 17 Type of Business Fee Auctioneer $25.00 per day Outdoor festival, carnival, circus 150.00 per day Itinerant food concessions (Fairs, circuses, special events and traveling shows) Per concession, per location 20.00 per event Contractor, state licensed General and engineering 150.00 annually All other 80.00 annually Dancing (Public, without charge) 25.00 per quarter Dancing (Public for profit) 10.00 per day or 35.00 per quarter Delivery by vehicle 35.00 annually per vehicle Handbill distributor 20.00 per day Peddler/solicitor 40.00 per quarter Professional, outside (e.g., engineer, physician, surveyor) 80.00 annually Real estate broker 50.00 annually Security services 80.00 annually Service company (e.g., landscape, pool service) 50.00 annually Swap meet 80.00 annually Transportation, passenger 50.00 annually Business office 50.00 annually Billboard 1,500.00 per side, annually Any other 50.00 annually (Ord. 145 § 1(part), 1993: Ord. 112 § 2(Exhibit A Item 1(part)), 1989) 4.08.040 - Penalty. Failure to pay a business license tax when due shall result in a penalty of ten percent of the license tax on the last day of each month after the due date. The amount of the penalty shall not exceed fifty percent of the amount of the license tax due. (Ord. 145 § 1(part), 1993: Ord. 112 § 2(Exhibit A Item 1(part)), 1989) 4.08.050 - Exemptions. Each business which has annual gross receipts of less than one thousand dollars shall not be required to pay a business license tax. H.9.a Packet Pg. 177 At t a c h m e n t : B u s i n e s s L i c e n s e A u d i t R F P _ C i t y o f G r a n d T e r r a c e S e p t - 2 0 1 9 - 2 ( P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - B u s i n e s s L i c e n s e A u d i t i n g & Grand Terrace Municipal Code, Title 4, Chapter 4.08 Page 17 of 17 (Ord. 145 § 1(part), 1993: Ord. 112 § 2(Exhibit A Item 1(part)), 1989) 4.08.060 - Duplicate license fees. Each person seeking a duplicate of a previously issued license shall pay a duplicate license fee of fifteen dollars. (Ord. 145 § 1(part), 1993: Ord. 112 § 2(Exhibit A Item 1(part)), 1989) 4.08.070 - Amended licenses. Each person seeking to have their business license amended to conduct business at a new location shall pay a fee of fifteen dollars. (Ord. 145 § 1(part), 1993: Ord. 112 § 2(Exhibit A Item 1(part)), 1989) H.9.a Packet Pg. 178 At t a c h m e n t : B u s i n e s s L i c e n s e A u d i t R F P _ C i t y o f G r a n d T e r r a c e S e p t - 2 0 1 9 - 2 ( P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - B u s i n e s s L i c e n s e A u d i t i n g & 01247.0001/635149.3 AGREEMENT FOR CONTRACT SERVICES By and Between CITY OF GRAND TERRACE and HDL COMPANIES H.9.b Packet Pg. 179 At t a c h m e n t : B u s i n e s s L i c e n s e A d m i n i s t r a t i o n S v c s - 1 F I N A L [ R e v i s i o n 1 ] ( P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - B u s i n e s s L i c e n s e A u d i t i n g & 01247.0001/635149.3 -2- AGREEMENT FOR CONTRACT SERVICES BY AND BETWEEN THE CITY OF GRAND TERRACE AND HDL COMPANIES This “AGREEMENT FOR CONTRACT SERVICES BY AND BETWEEN THE CITY OF GRAND TERRACE AND HDL COMPANIES” (herein “Agreement”) is made and entered into this 24 day of June, 2019 by and between the City of Grand Terrace, a California municipal corporation (“City”) and HdL Companies, a California corporation (“Consultant”). City and Consultant are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.” RECITALS A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement. B. Consultant, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services. C. Pursuant to the City of Grand Terrace Municipal Code, City has authority to enter into and execute this Agreement. D. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein. OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows: ARTICLE 1. SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest H.9.b Packet Pg. 180 At t a c h m e n t : B u s i n e s s L i c e n s e A d m i n i s t r a t i o n S v c s - 1 F I N A L [ R e v i s i o n 1 ] ( P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - B u s i n e s s L i c e n s e A u d i t i n g & 01247.0001/635149.3 -3- professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances. 1.2 Consultant’s Proposal. The Scope of Service shall include the Consultant’s scope of work or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern. 1.3 Compliance with Law. Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered. 1.4 Licenses, Permits, Fees and Assessments. Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder. 1.5 Familiarity with Work. By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the Contract Officer. 1.6 Care of Work. The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence. H.9.b Packet Pg. 181 At t a c h m e n t : B u s i n e s s L i c e n s e A d m i n i s t r a t i o n S v c s - 1 F I N A L [ R e v i s i o n 1 ] ( P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - B u s i n e s s L i c e n s e A u d i t i n g & 01247.0001/635149.3 -4- 1.7 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. 1.8 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other consultants. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed. 1.9 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern. ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT. 2.1 Contract Sum. Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Seventy Five Thousand Dollars ($75,000) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.8. H.9.b Packet Pg. 182 At t a c h m e n t : B u s i n e s s L i c e n s e A d m i n i s t r a t i o n S v c s - 1 F I N A L [ R e v i s i o n 1 ] ( P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - B u s i n e s s L i c e n s e A u d i t i n g & 01247.0001/635149.3 -5- 2.2 Method of Compensation. The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Consultant’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation. 2.3 Reimbursable Expenses. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City. Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings. 2.4 Invoices. Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person. City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law. 2.5 Waiver. Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant. H.9.b Packet Pg. 183 At t a c h m e n t : B u s i n e s s L i c e n s e A d m i n i s t r a t i o n S v c s - 1 F I N A L [ R e v i s i o n 1 ] ( P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - B u s i n e s s L i c e n s e A u d i t i n g & 01247.0001/635149.3 -6- ARTICLE 3. PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively. 3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section. 3.4 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding five (5) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”). ARTICLE 4. COORDINATION OF WORK 4.1 Representatives and Personnel of Consultant. The following principals of Consultant (“Principals”) are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: Robert Gray President H.9.b Packet Pg. 184 At t a c h m e n t : B u s i n e s s L i c e n s e A d m i n i s t r a t i o n S v c s - 1 F I N A L [ R e v i s i o n 1 ] ( P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - B u s i n e s s L i c e n s e A u d i t i n g & 01247.0001/635149.3 -7- (Name) (Title) It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance. 4.2 Status of Consultant. Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights. 4.3 Contract Officer. The Contract Officer shall be the City Manager or such person as may be designated by the City Manager. It shall be the Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 4.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees H.9.b Packet Pg. 185 At t a c h m e n t : B u s i n e s s L i c e n s e A d m i n i s t r a t i o n S v c s - 1 F I N A L [ R e v i s i o n 1 ] ( P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - B u s i n e s s L i c e n s e A u d i t i n g & 01247.0001/635149.3 -8- of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant. 4.5 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City. ARTICLE 5. INSURANCE AND INDEMNIFICATION 5.1 Insurance Coverages. The Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance which shall cover all elected and appointed officers, employees and agents of City: (a) General Liability Insurance (Occurrence Form CG0001 or equivalent). A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than $1,000,000.00 per occurrence or if a general aggregate limit is used, then the general aggregate limit shall be twice the occurrence limit. (b) Worker’s Compensation Insurance. A policy of worker’s compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for the Consultant against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Consultant in the course of carrying out the work or services contemplated in this Agreement. (c) Automotive Insurance (Form CA 0001 (Ed 1/87) including “any auto” and endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance written on a per occurrence for bodily injury and property damage in an amount not less than $1,000,000. Said policy shall include coverage for owned, non-owned, leased, hired cars and any automobile. H.9.b Packet Pg. 186 At t a c h m e n t : B u s i n e s s L i c e n s e A d m i n i s t r a t i o n S v c s - 1 F I N A L [ R e v i s i o n 1 ] ( P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - B u s i n e s s L i c e n s e A u d i t i n g & 01247.0001/635149.3 -9- (d) Professional Liability. Professional liability insurance appropriate to the Consultant’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement. The insurance must be maintained for at least 5 consecutive years following the completion of Consultant’s services or the termination of this Agreement. During this additional 5-year period, Consultant shall annually and upon request of the City submit written evidence of this continuous coverage. (e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”. 5.2 General Insurance Requirements. All of the above policies of insurance shall be primary insurance and shall name the City, its elected and appointed officers, employees and agents as additional insureds and any insurance maintained by City or its officers, employees or agents may apply in excess of, and not contribute with Consultant’s insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and their respective insurers. Moreover, the insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self-insured retention. All of said policies of insurance shall provide that said insurance may not be amended or cancelled by the insurer or any party hereto without providing thirty (30) days prior written notice by certified mail return receipt requested to the City. In the event any of said policies of insurance are cancelled, the Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with Section 5.1 to the Contract Officer. No work or services under this Agreement shall commence until the Consultant has provided the City with Certificates of Insurance, additional insured endorsement forms or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. City reserves the right to inspect complete, certified copies of and endorsements to all required insurance policies at any time. Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City. All certificates shall name the City as additional insured (providing the appropriate endorsement) and shall conform to the following “cancellation” notice: CANCELLATION: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATED THEREOF, THE ISSUING COMPANY SHALL MAIL THIRTY (30)-DAY H.9.b Packet Pg. 187 At t a c h m e n t : B u s i n e s s L i c e n s e A d m i n i s t r a t i o n S v c s - 1 F I N A L [ R e v i s i o n 1 ] ( P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - B u s i n e s s L i c e n s e A u d i t i n g & 01247.0001/635149.3 -10- ADVANCE WRITTEN NOTICE TO CERTIFICATE HOLDER NAMED HEREIN. [to be initialed] ______________ Consultant Initials City, its respective elected and appointed officers, directors, officials, employees, agents and volunteers are to be covered as additional insureds as respects: liability arising out of activities Consultant performs; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or any automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, employees or volunteers. Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. The Consultant agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages to any persons or property resulting from the Consultant’s activities or the activities of any person or persons for which the Consultant is otherwise responsible nor shall it limit the Consultant’s indemnification liabilities as provided in Section 5.3. In the event the Consultant subcontracts any portion of the work in compliance with Section 4.5 of this Agreement, the contract between the Consultant and such subcontractor shall require the subcontractor to maintain the same policies of insurance that the Consultant is required to maintain pursuant to Section 5.1, and such certificates and endorsements shall be provided to City. 5.3 Indemnification. To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith: H.9.b Packet Pg. 188 At t a c h m e n t : B u s i n e s s L i c e n s e A d m i n i s t r a t i o n S v c s - 1 F I N A L [ R e v i s i o n 1 ] ( P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - B u s i n e s s L i c e n s e A u d i t i n g & 01247.0001/635149.3 -11- (a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorney’s fees incurred in connection therewith; (b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorney’s fees. Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement. 5.4 Sufficiency of Insurer. Insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City (“Risk Manager”) due to unique circumstances. If this Agreement continues for more than 3 years duration, or in the event the risk manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the Risk Manager. H.9.b Packet Pg. 189 At t a c h m e n t : B u s i n e s s L i c e n s e A d m i n i s t r a t i o n S v c s - 1 F I N A L [ R e v i s i o n 1 ] ( P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - B u s i n e s s L i c e n s e A u d i t i n g & 01247.0001/635149.3 -12- ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION 6.1 Records. Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act. 6.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed. 6.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”), including any electronic documents and materials, prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City in a format of the City’s choice upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant H.9.b Packet Pg. 190 At t a c h m e n t : B u s i n e s s L i c e n s e A d m i n i s t r a t i o n S v c s - 1 F I N A L [ R e v i s i o n 1 ] ( P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - B u s i n e s s L i c e n s e A u d i t i n g & 01247.0001/635149.3 -13- shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City. 6.4 Confidentiality and Release of Information. (a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer. (b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. (d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION 7.1 California Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of San Bernardino, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District H.9.b Packet Pg. 191 At t a c h m e n t : B u s i n e s s L i c e n s e A d m i n i s t r a t i o n S v c s - 1 F I N A L [ R e v i s i o n 1 ] ( P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - B u s i n e s s L i c e n s e A u d i t i n g & 01247.0001/635149.3 -14- Court, venue shall lie exclusively in the Central District of California, in the County of San Bernardino, State of California. 7.2 Disputes; Default. In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement. 7.3 Retention of Funds. Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein. 7.4 Waiver. Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party H.9.b Packet Pg. 192 At t a c h m e n t : B u s i n e s s L i c e n s e A d m i n i s t r a t i o n S v c s - 1 F I N A L [ R e v i s i o n 1 ] ( P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - B u s i n e s s L i c e n s e A u d i t i n g & 01247.0001/635149.3 -15- of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue a legal action under this Agreement. 7.7 Termination Prior to Expiration of Term. This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon written notice to Consultant. In addition, the Consultant may terminate this Contract for cause, upon sixty (60) days’ advance written notice to City. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2. 7.8 Termination for Default of Consultant. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. 7.9 Attorney’s Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs H.9.b Packet Pg. 193 At t a c h m e n t : B u s i n e s s L i c e n s e A d m i n i s t r a t i o n S v c s - 1 F I N A L [ R e v i s i o n 1 ] ( P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - B u s i n e s s L i c e n s e A u d i t i n g & 01247.0001/635149.3 -16- the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 8.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. 8.3 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class. 8.4 Unauthorized Aliens. Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorney’s fees, incurred by City. H.9.b Packet Pg. 194 At t a c h m e n t : B u s i n e s s L i c e n s e A d m i n i s t r a t i o n S v c s - 1 F I N A L [ R e v i s i o n 1 ] ( P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - B u s i n e s s L i c e n s e A u d i t i n g & 01247.0001/635149.3 -17- ARTICLE 9. MISCELLANEOUS PROVISIONS 9.1 Notices. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Grand Terrace, 22795 Barton Rd, Grand Terrace, CA 92313, and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. 9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 9.3 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. 9.4 Integration; Amendment. This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. 9.5 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. H.9.b Packet Pg. 195 At t a c h m e n t : B u s i n e s s L i c e n s e A d m i n i s t r a t i o n S v c s - 1 F I N A L [ R e v i s i o n 1 ] ( P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - B u s i n e s s L i c e n s e A u d i t i n g & 01247.0001/635149.3 -18- 9.6 Warranty & Representation of Non-Collusion. No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Nor shall any such officer or employee participate in any decision relating to the Agreement which affects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation, including but not limited to the Political Reform Act (Government Code Sections 81000, et seq.) Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect. Consultant’s Authorized Initials _______ 9.7 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE] H.9.b Packet Pg. 196 At t a c h m e n t : B u s i n e s s L i c e n s e A d m i n i s t r a t i o n S v c s - 1 F I N A L [ R e v i s i o n 1 ] ( P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - B u s i n e s s L i c e n s e A u d i t i n g & 01247.0001/635149.3 19 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written. CITY: City of Grand Terrace, a municipal corporation ____________________________________ Darcy McNaboe, Mayor ATTEST: ______________________________________ Debra Thomas, City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP ______________________________________ Adrian R. Guerra, City Attorney CONSULTANT: HdL Companies., a California corporation By: ___________________________________ Name: Robert Gray Title: President HdL Companies., a California corporation By: ___________________________________ Name: Joshua Davis Title: Vice President, Director of Professional Services Address: 120 S. State College Blvd., Ste 200 Brea, CA 92821 Phone: 714-879-5000 Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY. H.9.b Packet Pg. 197 At t a c h m e n t : B u s i n e s s L i c e n s e A d m i n i s t r a t i o n S v c s - 1 F I N A L [ R e v i s i o n 1 ] ( P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - B u s i n e s s L i c e n s e A u d i t i n g & 01247.0001/635149.3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF __________________ On __________, 2020 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: _____________________________________ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER _______________________________ TITLE(S) PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER_______________________________ ______________________________________ SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) _____________________________________________ _____________________________________________ ___________________________________ TITLE OR TYPE OF DOCUMENT ___________________________________ NUMBER OF PAGES ___________________________________ DATE OF DOCUMENT ___________________________________ SIGNER(S) OTHER THAN NAMED ABOVE A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. H.9.b Packet Pg. 198 At t a c h m e n t : B u s i n e s s L i c e n s e A d m i n i s t r a t i o n S v c s - 1 F I N A L [ R e v i s i o n 1 ] ( P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - B u s i n e s s L i c e n s e A u d i t i n g & 01247.0001/635149.3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF _____________________ On __________, 2020 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: _____________________________________ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER _______________________________ TITLE(S) PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER_______________________________ ______________________________________ SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) _____________________________________________ _____________________________________________ ___________________________________ TITLE OR TYPE OF DOCUMENT ___________________________________ NUMBER OF PAGES ___________________________________ DATE OF DOCUMENT ___________________________________ SIGNER(S) OTHER THAN NAMED ABOVE A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. H.9.b Packet Pg. 199 At t a c h m e n t : B u s i n e s s L i c e n s e A d m i n i s t r a t i o n S v c s - 1 F I N A L [ R e v i s i o n 1 ] ( P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - B u s i n e s s L i c e n s e A u d i t i n g & 01247.0001/635149.3 EXHIBIT “A” SCOPE OF SERVICES I. Objectives and Methods: The Services performed by Consultant shall include the following: A. Tax Administration. Consultant will provide the City with a complete turn-key Tax Administration program related to the City’s business license processing, renewals, collections, and on-going monitoring and administration of the business license tax pursuant the Grand Terrace Municipal Code . The service will be performed utilizing Consultant’s internal programs and processes for compliance and revenue collection. Consultant will transfer the City's existing databases as they relate to business license tax into Consultant's internal administration tools. Consultant will maintain the data and provide access to or copies of data or reports at the City's request. While access to online systems will be available for the City to use at its discretion, the City will not be required to use or maintain any software in house for managing the business license registry. The following are processes and procedures that Consultant will perform for the City on a turn-key Tax Administration approach: 1. On-line Application: Consultant will provide a link for the City’s website that will enable all businesses to apply for, or renewing, a business license and pay such businesses’ business tax on-line through Consultant’s software application. 2. Renewal Processing: Consultant will send active business license accounts a renewal notice within 45 days of the renewal period ending. Consultant will send individualized tax forms to all known active business license accounts. Consultant will ensure that all active business license accounts receive all applicable forms necessary to complete the renewal process. Consultant will process any renewal applications and forms submitted by active business license accounts in a timely fashion. 3. New Account Processing: Consultant will process any new business license applications and complete the new account registration process in a timely fashion. Consultant will also facilitate intra-city departmental approvals such as zoning, code compliance, fire inspection, and other regulatory related functions. 4. Delinquent Account Processing: Consultant will endeavor to collect delinquent accounts through a series of City approved processing methods. This will include a minimum of two follow up delinquent notices and up to two telephone calls. Delinquent accounts will be collected with full penalties as allowed by the Grand Terrace Municipal Code or through current City practices. Accounts that remain delinquent will be processed through the City approved processes established in Consultant's collections component of the Compliance Management Program. H.9.b Packet Pg. 200 At t a c h m e n t : B u s i n e s s L i c e n s e A d m i n i s t r a t i o n S v c s - 1 F I N A L [ R e v i s i o n 1 ] ( P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - B u s i n e s s L i c e n s e A u d i t i n g & 01247.0001/635149.3 5. On-line Filing & Payment Processing: Consultant will register a City approved internet domain name which will serve as the starting point for all on-line Services under this Agreement. This City specific site will be designed to look and feel like the City's own web pages and ensures a level of continuity between the business community, the City, and Consultant. Taxpayer businesses can choose to file their new business registration as well as renew their license and make payments via Consultant’s on-line filing portal. In addition to filing and paying for taxes, businesses can obtain copies of applications, general support and FAQs, schedule appointments and request copies of their tax registration. 6. Payment Posting/Processing: Consultant will process all payments received in an expedited manner. Taxpayer business accounts are posted with payment information captured in the Consultant’s revenue system. Additional information such as net sales, deductions, credit sales, measure of tax, name change, and address change are captured and added to payment data and taxpayer business master file (as determined necessary by Consultant). Late payments are invoiced at penalty amounts as required by City’s ordinances. Under-payments are invoiced for remaining tax due plus any required penalties. License accounts will be updated daily with payment information and revenues to be disbursed to the City net applicable fees for the tax administration services at an interval to be agreed to during the project planning phase. Disbursements typically occur monthly but can be remitted as often as weekly depending on volumes and City needs. Consultant's payment acceptance process will accept the following payment types: a. Check I Money Order /Cashier's Check b. E-Check c. Debit Cards d. Credit Cards (Visa, Mastercard, Discover, & American Express) e. Check by Phone 7. Customer Service/Business Support Center: Consultant will provide taxpayer businesses with multiple support options for registering, applying, renewing, making payments and for general inquiries. A toll-free number will be provided to taxpayer businesses in order to access Consultant’s license specialists Monday-Friday 8:00am to 5:00pm Pacific Standard Time. Taxpayer businesses will have access to support via, e-mail, fax, and via the Business Support Center On-Line. Consultant will continuously monitor quality control points to ensure courteous customer service, minimal hold times under 2 minutes, and the return of voice messages the same business day. B. Compliance Management. 1. Establish Enriched Data Portfolio/Lead Identification: Utilizing data provided by the City, as well as the Consultant Enriched Data Portfolio (EDP), Consultant will build an enhanced listing of entities subjected to licensure or taxation pursuant to the Grand H.9.b Packet Pg. 201 At t a c h m e n t : B u s i n e s s L i c e n s e A d m i n i s t r a t i o n S v c s - 1 F I N A L [ R e v i s i o n 1 ] ( P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - B u s i n e s s L i c e n s e A u d i t i n g & 01247.0001/635149.3 Terrace Municipal Code, including, but not limited to, those businesses physically located in the City, itinerant businesses, and entities participating in the sharing economy such as short-term rentals (STRs), drive sharing services and others. These entities are electronically matched to the existing files of the City using advanced data matching algorithms, allowing Consultant staff to identify which entities are compliant and which entities require follow up. 2. Field Surveys: Consultants’ field crews, equipped with the most advanced tools available (mobile mapping/GPS systems, tablet computers pre-loaded with various City and statewide databases, etc.) will canvass commercial areas of the City to develop and enhance the leads identified in the EDP. These Field Surveys will provide additional inventories of active businesses as well as to provide on-site verifications of data culled from other sources. 3. Exception Resolution: Consultant’s staff will review the City’s business license records and filter out records that may lead to erroneous contacts. This will allow for the discovery of additional revenues not otherwise identifiable through electronic means and assists in reducing potential complaints levied at City staff from pursuit of false positives. 4. Compliance Communication and Outreach: Upon exception resolution, Consultant staff will initiate contact with taxpayer businesses subject to Title 7 of the Grand Terrace Municipal Code through a series of City approved communication methods. Consultant will make every effort to simplify the process for taxpayer businesses and utilizes a variety of mediums for communication including mail, telephone, email and web-site access. Potential non-compliant taxpayer businesses will be notified of their options to comply or dispute their non-compliant status. Initial notification packets will include what is needed to become compliant with multiple methods of resolving their accounts. 5. Business Support Center: Consultant will provide a business support and service center where the business community can access Consultants’ specialists during normal business hours. Businesses calling will experience minimal hold times under 2 minutes along with access to a variety of options which include filing support, payment options, resolution of specific tax issues and other services designed to reduce the burden of registering and filing taxes. 6. Business Support Center-Online: Businesses will have access to and be encouraged to take advantage of the range of services available on-line, 24 hours a day, seven days a week. Consultant’s on-line Business Support Center will enable businesses to choose to file their new business registration as well as make payments via Consultant’s on-line filing portal. In addition to filing and paying for taxes, businesses can obtain copies of applications, general support and FAQs, schedule appointments and request copies of their tax registration. 7. Document Submission/Processing: Whether the taxpayer business chooses to respond by mail, email or our online filing website, Consultant will review each application submission for completion and accuracy prior to processing. Consultant H.9.b Packet Pg. 202 At t a c h m e n t : B u s i n e s s L i c e n s e A d m i n i s t r a t i o n S v c s - 1 F I N A L [ R e v i s i o n 1 ] ( P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - B u s i n e s s L i c e n s e A u d i t i n g & 01247.0001/635149.3 will request from the taxpayer business any additional documentation needed to complete the approval of a an application, such as a home occupation permit, or will forward an application to other City departments either as a pre-requisite or as a courtesy to the business. All submissions are filed and stored electronically and made available to the City via standard reporting processes or upon request. 8. Invoicing: Once an application is approved, Consultant will forward invoices to the taxpayer business business indicating detailed tax calculations and balances owed. Taxpayer business businesses are provided the opportunity to pay their balances via mail, online, or over the phone services. Taxpayer business businesses will also have continued access to Consultant’s Business Support Center for any questions or disputes arising from the invoice process. 9. Registry Update: Upon collection of all requirements which may include payments, application and/or other documentation, Consultant will prepare a Registry Update package to include payment as well as copies of all taxpayer business correspondence and other relevant information. Data in the City registry file stored in the Consultant Prime Software Suite is updated daily with packages from the Compliance Management Services. Once completed, the business will be processed through the standard processes approved through the Consultant Operations Management Component. C. Audits. 1. Analysis & Selection: Audit candidates are selected using a variety of selection methodologies developed by Consultants’ audit team. Preliminary analysis reports on each taxpayer business selected are shared with the City prior to moving through the audit phases. 2. Audit Notification & Scheduling: Taxpayer businesses selected by Consultant and approved by the City will be sent a letter notifying them of a scheduled Compliance Analysis Audit. Every effort is made to promote a positive experience for the taxpayer business. Consultant will provide a detailed description of the requirements and relevant documentation required for the audit to the taxpayer business at least two (2) weeks in advance of the proposed audit date. If the taxpayer business is unable meet the audit date selected by the City, Consultant will take all efforts to reschedule the audit to a more accommodating date. Taxpayer businesses are also afforded the opportunity to schedule flexible appointment times by contacting the Business Support Center or visiting Consultants’ online support center. 3. Compliance Analysis & Audit: The Consultant audit team will audit the financial records of the taxpayer business to determine compliance with business tax regulations under the Grand Terrace Municipal Code. Consultant will validate taxing variables such as gross receipts and other relevant information for determining compliance. In addition to identifying underreporting issues, the Consultant Audit Program will also focus on other compliance related issues such as assuring correct H.9.b Packet Pg. 203 At t a c h m e n t : B u s i n e s s L i c e n s e A d m i n i s t r a t i o n S v c s - 1 F I N A L [ R e v i s i o n 1 ] ( P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - B u s i n e s s L i c e n s e A u d i t i n g & 01247.0001/635149.3 classifications, multiple location allocation, apportionment issues, and identifying business to business relationships that may create tax liability for 3rd parties. 4. Audit & Compliance Report: Upon completion of the audit and analysis, and prior to additional actions, Consultant will generate a compliance report and provide the report to the City. The report will indicate specific results of the review and recommended future actions. Documentation that substantiates the findings in the report will be included with the report to assist the City and Consultant in determining next step of the process. 5. Deficiency and Commendation Notification: Upon final review of the audit and analysis report, taxpayer businesses that are found to have deficiencies will be notified of the findings as well as the payment and appeal processes. Consultant will also work with taxpayer businesses found to be deficient to explain the current findings and educate taxpayer businesses on proper future filing procedures so as to prevent future errors and deficiencies. Consultant will send taxpayer businesses found to be in compliance a commendation letter thanking them for their compliance. 6. Invoicing & Collections: Consultant will invoice a taxpayer business found to be underreporting through the standard City approved collections process. Balances will be collected and remitted along with supporting documentation to the City through the approved remittance processes. D. Network Uptime. 1. All on-line Services provided by Consultant shall have an uptime of at least 99%. Consultant shall notify the City in writing of any network outage affecting Consultant’s ability to provide on-line Services within 24 hours of any such outage. 2. Consultant shall work to promptly restore any Services affected by a network outage and shall provide City with regular updates on the status of such restoration and as may be requested by City. 3. Consultant shall cooperate with City during network outages to ensure that members of the public are informed of such outage. II. Deliverables A. Consultant shall provide the City with audit progress reports to include the following: 1. Status of work in progress, including copies of reports provided to taxpayer businesses/intermediaries addressing each reporting error/omission individually, including where applicable the business name, address, telephone number, account identification number, individuals contacted, date(s) of contact, nature of business, reason(s) for error/omission and recommended corrective procedure; 2. Actual revenue produced for the City by Consultant’s service on a monthly and H.9.b Packet Pg. 204 At t a c h m e n t : B u s i n e s s L i c e n s e A d m i n i s t r a t i o n S v c s - 1 F I N A L [ R e v i s i o n 1 ] ( P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - B u s i n e s s L i c e n s e A u d i t i n g & 01247.0001/635149.3 cumulative basis; 3. Projected revenue forthcoming to the City as a result of Consultant’s audit service, specified according to source, timing, and one-time versus ongoing; and 4. Alphabetical listing of all errors/omissions detected for the City by Consultant, including the account number, correction status, payment amount received by the City, period to which payment is related and payment type (e.g., reallocation, deficiency assessment) for each one. 5. Another reports that the City may request from time to time. B. Commencement of Services. Consultant will commence project planning within 10 days of full execution of this Agreement. After the work plan is developed Consultant will begin providing the Discovery, Audit and Tax Administration services described above. Consultant’s obligation to provide services is contingent on the City providing the necessary information and cooperation. H.9.b Packet Pg. 205 At t a c h m e n t : B u s i n e s s L i c e n s e A d m i n i s t r a t i o n S v c s - 1 F I N A L [ R e v i s i o n 1 ] ( P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - B u s i n e s s L i c e n s e A u d i t i n g & 01247.0001/635149.3 A-1 III. City Obligations The City agrees to: 1. Provide an electronic copy of the City’s License Registration File and License Payment History file to Consultant, together with any other information available to the City for Consultant to compute Consultant’s billing for services, in electronic format, to Consultant during the term of the Agreement and thereafter for so long as Consultant’s right to invoice for services rendered continues; 2. Use reasonable and diligent efforts to collect, or to assist Consultant in the collection of, deficiencies identified by Consultant pursuant to this Agreement. For accounts that remain uncollected after Consultant has exhausted its efforts to collect through the standard process, Consultant and the City may mutually agree to special procedures that will make further attempts to collect amounts still outstanding. Typically, these processes will be implemented by Consultant; and 3. Notify Consultant within 10 days following receipt by the City of payments, if there is any, resulting from deficiencies identified by Consultant. Because Consultant’s Audit Services may result in collection of deficiencies after termination of the Agreement, the City’s obligation to collect fees and notify Consultant, and Consultant’s right to continue to receive contingency fees, shall survive termination of the Agreement for any reason. H.9.b Packet Pg. 206 At t a c h m e n t : B u s i n e s s L i c e n s e A d m i n i s t r a t i o n S v c s - 1 F I N A L [ R e v i s i o n 1 ] ( P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - B u s i n e s s L i c e n s e A u d i t i n g & 01247.0001/635149.3 B-1 EXHIBIT “B” SPECIAL REQUIREMENTS (Superseding Contract Boilerplate) I. Section 1.10 is added to the Agreement as follows: 1.10 Intellectual Property. a. Consultant represents and warrants that it owns, maintains, and has obtained the rights to all intellectually property rights necessary for Consultant to provide Services under this Agreement. In the event that any party alleges that Consultant’s Services infringe upon such party’s intellectual property, Consultant shall indemnify, defend, and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with any allegation of intellectual property infringement. b. Further, in the event that any party alleges that Consultant’s Services under this Agreement have infringed upon any intellectual property, the City may take any of the following actions: (i) require Consultant, at its sole cost, to obtain the necessary intellectual property rights in order to provide Services under this Agreement; (ii) require Consultant, at its sole cost, to provide City with the Services using an alternative intellectual property that is unaffected by the claim of intellectual property infringement; (iii) obtain the Services from another consultant/contractor and, in such event, require Consultant to pay for any increased costs; or (iv) terminate this Agreement. The obligations imposed by this Section shall survive any expiration or termination of this Agreement and are in addition to any other obligation under this Agreement to indemnify, defend, hold harmless, or release from liability the City. II. Section 6.5 is added to the Agreement as follows: 6.5 Proprietary Information of Consultant. a. As used in this Section, the term “proprietary information” means any information that relates to Consultant’s computer or data processing programs; data processing applications, routines, subroutines, techniques or systems; or business processes. City shall hold in confidence and shall not disclose to any other party any of Consultant’s proprietary information in connection with this Agreement, or otherwise learned or obtained by City in connection with this Agreement, unless disclosure is required under federal or state law, including without limitation the H.9.b Packet Pg. 207 At t a c h m e n t : B u s i n e s s L i c e n s e A d m i n i s t r a t i o n S v c s - 1 F I N A L [ R e v i s i o n 1 ] ( P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - B u s i n e s s L i c e n s e A u d i t i n g & 01247.0001/635149.3 B-2 Freedom of Information Act or the Public Records Request Act (“Disclosure Laws”). b. To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with any disclosure by the City pursuant to the Disclosure Laws. Further, Consultant hereby releases the City from any liability to Consultant for any disclosures made by City pursuant to the Disclosure Laws and hereby waives any claims that Consultant may have against City relating to any disclosures made by City pursuant to the Disclosure Laws. c. Consultant shall retain ownership and rights to all proprietary information. The obligations imposed by this Section shall survive any expiration or termination of this Agreement and are in addition to any other obligation under this Agreement to indemnify, defend, hold harmless, or release from liability the City. H.9.b Packet Pg. 208 At t a c h m e n t : B u s i n e s s L i c e n s e A d m i n i s t r a t i o n S v c s - 1 F I N A L [ R e v i s i o n 1 ] ( P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - B u s i n e s s L i c e n s e A u d i t i n g & 01247.0001/635149.3 C-1 EXHIBIT “C” SCHEDULE OF COMPENSATION I. Tax Administration Consultant’s compensation for providing the Tax Administration Services shall be: • A $15.00 per license payment processed. Included in the above compensation for Tax Administration Services are: 1. Printing and Mailing costs (for notifications, license issuance, etc.); 2. Ongoing database management and back-up (taxpayer business information); 3. Forms processing and funds disbursement; and 4. Development and support of an on-line business license filing and payment application. Cost for sending the original license/application to the City: Consultant archives all original licenses/applications. If the City requests a copy of the original license/application, Consultant will send the copy to the City via e-mail. II. Discovery Services Consultant’s compensation for providing Discovery Services shall be a contingency fee of 35% of the recovered revenue received by the City from the services. The service must be concurrent and as part of the business license administration services. The 35% shall apply to the current tax year, all eligible prior period revenues received and any applicable penalties, interest and late charges. The contingency fee only applies to revenue actually received by the City. The term “current tax year” shall mean the most recent tax year for which local taxes are due and payable to the City, and in which Consultant has identified deficiencies. III. Audit Services Consultant’s compensation for the Audit Service shall be a contingency fee of 35% of the revenue received by the City as a result of deficiencies identified in the review and shall include any eligible prior period revenues together with all applicable penalties, interest and late charges. The City agrees to use reasonable and diligent efforts to collect deficiencies identified by Consultant except when the cost of recovery exceeds the deficiency in the sole discretion of the City. IV. Consultant’s annual compensation under this Agreement shall not exceed $15,000 and Consultant’s total compensation under this Agreement shall not exceed $75,000 as provided in Section 2.1. H.9.b Packet Pg. 209 At t a c h m e n t : B u s i n e s s L i c e n s e A d m i n i s t r a t i o n S v c s - 1 F I N A L [ R e v i s i o n 1 ] ( P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - B u s i n e s s L i c e n s e A u d i t i n g & 01247.0001/635149.3 C-2 H.9.b Packet Pg. 210 At t a c h m e n t : B u s i n e s s L i c e n s e A d m i n i s t r a t i o n S v c s - 1 F I N A L [ R e v i s i o n 1 ] ( P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - B u s i n e s s L i c e n s e A u d i t i n g & 01247.0001/635149.3 D-1 EXHIBIT “D” SCHEDULE OF PERFORMANCE I. Consultant shall commence the Services, as described in Exhibit “A,” within 7 days of the City’s issuance of a notice to proceed, provided that the notice of proceed shall not be issued until the City has received a evidence of Consultant’s City business license, certificates of insurance evidencing insurance required by this Agreement, and any other documentation required by the City prior to commencement of the Services under this Agreement. Consultant shall perform all Services timely in accordance with the schedule to be developed by Consultant and subject to the written approval of the Contract Officer. II. Consultant shall complete all Services under this Agreement by April 1, 2025. III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2. H.9.b Packet Pg. 211 At t a c h m e n t : B u s i n e s s L i c e n s e A d m i n i s t r a t i o n S v c s - 1 F I N A L [ R e v i s i o n 1 ] ( P r o f e s s i o n a l S e r v i c e s A g r e e m e n t - B u s i n e s s L i c e n s e A u d i t i n g & AGENDA REPORT MEETING DATE: March 10, 2020 Council Item TITLE: Award Construction for Mt. Vernon Safety Improvement to TSR Construction and Inspection in the Amount of $268,350 PRESENTED BY: Alan French, Public Works Director RECOMMENDATION: 1. Approve Agreement with TSR Construction and Inspection for construction of the Mt. Vernon Safety Improvement Project, subject to State approval of “Public Interest Finding”; and 2. Authorize the Mayor to Execute the Agreement, subject to City Attorney approval as to form. 2030 VISION STATEMENT: This staff report supports City Council Goal #1, “Ensuring Our Fiscal Viability” and Goal #2 "Maintain Public Safety". BACKGROUND: In December of 2019, the California Department of Transportation (Caltrans) issued a letter of approval to construct the Highway Safety Improvement Project (HSIP). The City’s HSIP allocation is $374,000 for construction of the improvements As this HSIP Grant is the first federal transportation grant the City has received of this nature, City staff have included a timeline of requirements and action items for Council reference (Exhibit A). This timeline shows the process of moving a federally funded project forward is much more involved than non-federally funded projects with Caltrans approvals needed at each step to proceed. DISCUSSION: On January 16, 2020 the project was advertised for construction and staff issued a request for bids to a list of contractors and provided the notice to an online bid requestor. There were six (6) firms that requested the bid documents, but one only one provided a bid by bid opening of February 4, 2020. The proposer is as follows: Name Location Price TSR Construction and Inspection Rancho Cucamonga, CA $268,350 H.10 Packet Pg. 212 TSR Construction and Inspection submitted the responsible bid to the City. The addenda was certified, references were checked and required documents were received and verified. The bid addressed the scope of work, and they have staffing with experience to effectively and satisfactorily construct the project. The City contacted the non-submitting companies for feedback to find: All American, project was submitted internally, but not reviewed, Hillcrest, no call back, Matich, did not fit criteria, not enough paving, Siemens, not enough signal work, Sierra Pacific, plan discrepancy, but no time for an RFI, Superior Pavement Markings only wanted to subcontract. When staff notified the State about the bid results, the requirement was to re-bid the project to get more interest for the project. If the project still does not receive additional bids, then a sole source contract will need to be processed. However, to move the project forward, the State did offer the “Public Interest Finding” option for the project which requires the City to submit Exhibit 12-F. The Public Interest Finding must identify that it is cost effective or in the public’s best interest to deviate from the normal competitive bidding practice. The City’s Exhibit 12-F form identifies that the sole responsive bid was 20% under the engineer’s estimate and rebidding the project could result in increased costs and further delay a project that was scheduled to be completed in November 2018. On February 24, 2020, City staff submitted the Exhibit 12-F to Caltrans for approval of the construction procurement process as required by the HSIP grant. As of March 5, 2020, Caltrans has not provided the written response to the Exhibit 12-F submittal allowing the City to move forward with awarding of the construction agreement. Therefore, City staff recommends that Council approve the aware of a construction agreement to TSR Construction and Inspection, subject to State approval of Exhibit 12-F “Public Interest Finding”, in an amount not to exceed $268,350. City staff will update the City Council at its next meeting as to whether the State has approved the Exhibit 12-F “Public Interest Finding”. Please note that, if the State rejects the Exhibit 12-F “Public Interest Finding”, then the conditional approval of this agreement will not take effect and, instead, staff will recommend that the City Council reject the bid and direct staff to re-bid the project. FISCAL IMPACT: Staff is requesting that City Council authorize the Mayor to execute the agreement with TSR Construction and Inspection for $268,350. This expenditure will be reimbursed to the City by the Highway Safety Improvement Program grant. H.10 Packet Pg. 213 ATTACHMENTS: • 9B. Mt VernonBid Documents (PDF) • 5781ConstructionAgreement1R (DOCX) • Exhibit A (DOCX) APPROVALS: Alan French Completed 03/04/2020 8:05 PM City Attorney Completed 03/05/2020 4:58 PM Finance Completed 03/05/2020 5:40 PM City Manager Completed 03/06/2020 9:16 AM City Council Pending 03/10/2020 6:00 PM H.10 Packet Pg. 214 CITY OF GRAND TERRACE COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA CONTRACT DOCUMENTS SPECIFICATIONS AND STANDARD DRAWINGS FOR Mt. Vernon Avenue Corridor Intersection Improvement Project November 2020 [Editor’s Note: Timeline Dates below are Subject to Change] •Issuance of Bid by City •Deadline Questions/Clarification Requests •Deadline for Submitting Complete Proposals•Presentation to City Council for Final Approval Friday, January 10, 2020 Friday, January 24, 2020 Friday, January 31, 2020 (11:00 am) Tuesday, February 11, 2020 H.10.a Packet Pg. 215 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) TABLE OF CONTENTS SECTION PAGE NOTICE INVITING BIDS .........................................................................................................A-1 INSTRUCTIONS TO BIDDERS ..............................................................................................B-1 PROPOSAL DOCUMENTS Proposal.........................................................................................................................C-1 Bidding Schedule……………………………….................................................................C-3 Addenda Acknowledgement ........................................................................................C-5 Bidders Information .......................................................................................................C-6 Designation of Subcontractors.......................................................................................C-8 References...................................................................................................................C-9 Non-Collusion Affidavit ..................................................................................................C-10 Form of Bid Bond...........................................................................................................C-11 CONTRACT AGREEMENT Contract Agreement..........................................................................................................D-1 Faithful Performance Bond............................................................................................D-9 Labor And Material Bond....................................................................................................D-11 Worker's Compensation Insurance Certificate..................................................................D-14 GENERAL PROVISIONS Section 1 Definitions and Abbreviations........................................................................E-1 Section 2 Specifications, Drawings, and Related Data..................................................E-4 Section 3 Engineer-Contractor Relations......................................................................E-7 Section 4 Materials And Workmanship........................................................................... E-13 Section 5 Progress and Payment....................................................................................E-15 Section 6 Bonds, Insurance, Legal Responsibilities, And Public Safety......................E-20 Section 7 State of California Requirements..................................................................E-24 SPECIAL PROVISIONS Section 2 – Scope and Control of Work.....................................................................SP-1 Section 7 – Responsibilities of the Contractor………………………………….…………SP-2 Section 9 – Measurement and Payment…………………………………………………..SP-2 Section 200 – Rock Materials…………………………………………………...………….SP-4 Section 203 – Bituminous Materials………………………………………………..……...SP-4 Section 210 – Paint and Protective Coatings…………………………………….……...SP-14 Section 300 – Earthwork…………………………………………………………………..SP-16 Section 301 – Treated Soil, Subgrade Preparation and Placement of Base………...SP-18 Section 302 – Roadway Surfacing………………………………………………………..SP-18 Section 303 – Concrete and Masonry Construction……………………………...…….SP-21 Section 601 – Work Area Traffic Control…………………………………………...….….SP-23 EXHIBITS Base Bid Project Locations...........................................................................................EX-1 H.10.a Packet Pg. 216 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) NOTICE INVITING BIDS (CONSTRUCTION) NOTICE IS HEREBY GIVEN that the City Clerk, on behalf of and as authorized by the City Council of the City of Grand Terrace (hereinafter referred to as the "City"), will receive sealed bids at 22795 Barton Road, Grand Terrace, California, 92313 in care of the City Clerk, until 11:00 a.m. on Friday, January 31, 2020 for the construction of certain public works improvements within the City of Grand Terrace designated as: MT. VERNON AVENUE CORRIDOR INTERSECTION IMPROVEMENT PROJECT BID NO. 20-___ There will be no pre-bid meeting for this project. At the time designated for receiving sealed bids on said Project, the bids will be publicly opened, examined and read aloud. All bids must be in writing, must be sealed in an opaque envelope, and addressed to the City, c/o City Clerk, and delivered or mailed to the City at 22795 Barton Road Grand Terrace, California 92313 in care of the City Clerk. The envelope shall be plainly marked in the upper left-hand corner as follows: ATTENTION: CITY OF GRAND TERRACE c/o CITY CLERK (BIDDER'S NAME AND ADDRESS) BID FOR: MT. VERNON CORRIDOR INTERSECTION IMPROVEMENT PROJECT Contractor must have Class “A” license The Engineer's Estimate is $350,000 to $370,000 Any bid received after the hour stated above for any reason whatsoever, will not be considered for any purpose but will be returned, unopened, to the bidder. This project involves the signage, striping, markings, concrete and asphalt pavement works at 5 intersections along Mt. Vernon Avenue corridor in the City of Grand Terrace. The project shall be completed in 60 (sixty) calendar days. The work shall be done under the supervision of the Director of Public Works / City Engineer and no work or portion of the work shall be paid for until it is approved for payment by the Director of Public Works / City Engineer, but this shall not prevent approval of and payment for completed portions of the work as it progresses, payment acceptance of these portions or of the completed project. Each bidder must submit a proposal to the City, c/o City Clerk, on standard forms provided in the bid package. Said proposal is to be accompanied by a cash deposit, a certified or cashier’s check, or a bid bond, made payable to the City, in an amount not less than 10 percent of the total bid submitted. Said cash deposit or check shall be A-1 H.10.a Packet Pg. 217 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) forfeited or said bond shall become payable in the event the bidder depositing the same does not within ten (10) calendar days after written notice execute the Contract. The successful bidder will be required to furnish with the Contract a Faithful Performance Bond in the amount of 100 percent of the Contract price, and a Payment Bond in the amount of 100 percent of the Contract price. The successful bidder will also be required to furnish certificates of insurance evidencing that all insurance coverage as required by the Specification has been so secured. The Contractor may, at Contractor’s sole cost and expense, substitute securities equivalent to any monies withheld by the City to insure performance under the Contract. Such securities shall be deposited with the City, or a state federally chartered bank as escrow agent, who shall pay such monies to the Contractor upon satisfactory completion of the Contract. Such securities, if deposited by the Contractor, will be valued by the City, whose decision on valuation of the securities shall be final. The Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any accrued interest thereon. Securities eligible for investment shall include those listed in Government Code Section 16430 and Government Code Section 4590. No such substitution shall be accepted until the escrow agreement, letter of credit, form of security and any other document related to said substitution is reviewed and found acceptable by the City’s attorney. The City reserves the right to waive any informalities or irregularities or to reject any or all bids, or any portions of any bid, or to reject and then negotiate the amount and/or terms of any bid with any bidder, and to be the sole judge of the merits of the respective bids received. The award of Contract, if made, will be on the basis of the lowest cost to the City to a responsible bidder whose proposal complies with all the prescribed requirements. No bidder may withdraw his bid for a period of thirty (30) days after the bid opening. Contract Documents, including the Plans and Specifications, may be examined at the City of Grand Terrace Public Works Department located at 22795 Barton Road, Grand Terrace, CA 92313 or may be obtained by email request to Todd Nakasaki, Management Analyst, at tnakasaki@grandterrace-ca.gov. Any questions regarding the bid documents should be directed via e-mail to the Public Works Director, Alan French, P.E., P.L.S. afrench@grandterrace-ca.gov. Pursuant to California Labor Code Section 6707, each bid for the construction of pipelines, sewer of storm drains or similar trenches or open excavations which are five feet or deeper shall have adequate sheeting, shoring, and bracing or equipment method, for the protection of life and limb, which shall conform to applicable safety orders. The successful bidder will be required to pay not less than the prevailing wage scale, determined by the Director of the California Department of Industrial Relations, copies of which scale are on file in the office of the City Clerk and the office of the Director of A-2 H.10.a Packet Pg. 218 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) Public Works / City Engineer, and which shall be made available to any interested party upon request. Further, the City shall cause a copy of the prevailing wage scale to be posted at each job site during the course of construction. Effective January 1, 2015, in order to be awarded and to perform work on public works projects, prime contractors and subcontractors must possess and maintain registration with the Department of Industrial Relations (DIR) at https://efiling.dir.ca.gov/PWCR. This is a separate requirement from the Contractors State License Board (CSLB) licensing requirement. See the Special Provisions for additional details. The Contractor shall execute the Contract and shall secure all insurance and bonds required within ten (10) calendar days after the Contractor has been notified in writing of the award of the Contract. The Contractor shall not commence construction or order equipment until the City has given the Contractor a Notice to Proceed. The Contractor shall commence construction within ten (10) calendar days after the Notice to Proceed. Payments will be made in cash to the Contractor in accordance with the provisions of the Specifications and on itemized estimates duly certified and approved by the Director of Public Works / City Engineer submitted in accordance therewith, based on labor and materials incorporated into said work during the preceding month by the Contractor. City of Grand Terrace BY: (Date) Debra L. Thomas, City Clerk A-3 H.10.a Packet Pg. 219 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) INSTRUCTIONS TO BIDDERS CITY OF GRAND TERRACE BID NO: 20-XX CITY CLERK'S OFFICE DUE: January 31, 2020 22795 BARTON ROAD at 11:00 A.M. GRAND TERRACE, CA 92313 Submit bid in sealed envelope as indicated on the cover sheet BIDS NOT DELIVERED PRIOR TO THE HOUR INDICATED WILL BE REJECTED WE ARE PLEASED TO ISSUE THE ENCLOSED SPECIFICATIONS FOR YOUR CONSIDERATION FORM OF PROPOSAL: The bidder shall submit a complete proposal which will include this set of Specifications and any other documents required by these Specifications. The complete proposal shall be enclosed in a sealed envelope bearing the name of the bidder and of the project. In the event there is more than one bidding schedule, the bidder may bid on any individual schedule or on any combination of schedules. All quotations must be signed with the firm's name and by a responsible officer or employee. Obligations assumed by such signature must be fulfilled. Prices quoted by the bidder shall be exclusive of Federal Excise Taxes pursuant to exemption of political subdivision of a State by Federal Law. Prices quoted by the bidder shall mean total cost to the City, Freight on Board, delivered to the City of Grand Terrace. ADDENDA: Any addenda issued during the time of bidding forming a part of the documents shall be acknowledged on the next page of the Bidding Schedule Section C and will be made a part of the Contract. DELIVERY OF PROPOSAL: The proposal shall be delivered by the time and to the place stipulated in the Notice Inviting Bids. It is the bidder's sole responsibility to see that his proposal is received in proper time. Any proposal received after the scheduled closing time for receipt of proposal will be returned to the bidder unopened. WITHDRAWAL OF PROPOSAL: If for any reason you do not wish to bid on the project, mark NO BID and state your reasons for not bidding at this time. This withdrawal request must be signed by the bidder or his authorized representative. Such written request must be delivered to the place stipulated in the Notice Inviting Bids prior to the scheduled closing time for receipt of proposals. By following the necessary withdrawal procedures, you will enhance our efforts to keep our bidders list current. The withdrawal of a proposal shall not prejudice the right of a bidder to file a new proposal. OPENING OF PROPOSALS: The proposals will be publicly opened and read at the time and place stipulated in the Notice Inviting Bids. The City Council of the City of Grand Terrace reserves the right to reject any and all proposals and/or waive any informalities thereon. B-1 H.10.a Packet Pg. 220 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) We hope you will attend our formal bid opening and obtain the results as we are unable to complete our evaluation and furnish this information by phone until noon the following day. The complete proposal including proposal guaranty shall be enclosed in sealed envelope, endorsed with the bidder's company name and address on the upper left corner, the bid number, name of project, hour and date of bid opening as shown in Notice Inviting Bids and the words "Sealed Bid". Sealed bids shall be addressed to the City of Grand Terrace c/o City Clerk, 22795 Barton Road, Grand Terrace, California 92313. MODIFICATIONS AND ALTERNATIVE PROPOSAL: Unauthorized conditions, limitations, or provisions attached to a proposal will render it informal and may cause its rejection. The completed proposal forms shall be without interlineations, alterations, or erasures. Alternative proposals will not be considered unless specified. Oral, telegraphic, or telephonic proposals or modifications will not be considered. The City of Grand Terrace cannot honor any explanation or changes in the bid documents unless written addendum has been issued. DISCREPANCIES IN PROPOSALS: In the event there is more than one bid item in a bidding schedule, the bidder shall furnish a price for all bid items in the schedule, and failure to do so will render the proposal informal and may cause its rejection. In the event there are unit price bid items in a bidding schedule and the "amount" indicated for a unit price bid item does not equal the product of the unit price and quantity, the unit price shall govern and the amount will be corrected. PROPOSAL GUARANTEE: Each proposal shall be accompanied by a certified or cashier's check or bid bond in the amount of not less than 10 percent of the total amount named in the proposal. Said check or bond shall be made payable to the City and shall be given as a guarantee that the bidder, if awarded the work, will enter into a Contract within 15 calendar days after receipt of the Contract from the City, and will furnish the necessary insurance certificates, faithful performance bond, and labor and material bond; each of said bonds to be in the amount stated in the Notice Inviting Bids. In case of refusal or failure to enter into said Contract, the check or bid bond, as the case may be, shall be forfeited to the City. If the bidder elects to furnish a bid bond as his proposal guarantee, he shall use the bid bond form bound herein, or one conforming substantially to it in form. BIDDER'S EXAMINATION OF SITE: Before submitting a proposal, bidder shall carefully examine the drawings, specifications, and other Contract Documents, and shall visit the site of the work. It will be assumed that the bidder is familiar with existing site conditions and has a clear understanding of the requirements of the Contract regarding the furnishing of materials and performance of work. The submission of a proposal shall be considered conclusive evidence that the bidder has investigated and is satisfied with the character, quality, quantities of work to be performed and materials to be furnished. COMPETENCY OF BIDDERS: In selecting the lowest responsible bidder, consideration will be given not only to the financial standing but also to the general competency of the bidder for the performance of the work covered by the proposal. To this end, each proposal shall be supported by a statement of the bidder's experience as of recent date on the form B-2 H.10.a Packet Pg. 221 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) entitled "INFORMATION REQUIRED OF BIDDER", bound herein. The bidder shall have recently constructed not less than 3 projects of similar type and complexity. No proposal for the work will be accepted from a Contractor who is not licensed in accordance with applicable state law. CONTRACTOR'S LICENSING LAWS: In all State projects where Federal funds are involved, no bid submitted shall be invalidated by the laws of this State. However, at the time the Contract is awarded, the Contractor shall be properly licensed in accordance with the laws of this State. The first payment for work or material under any contract shall not be made by the Controller unless and until the Registrar of Contractors certifies to the Controller that the records of the Contractors State License Board indicate that the Contractor was properly licensed at the time the Contract was awarded. Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by law, including, but not limited to, any appropriate disciplinary action by the Contractors State License Board. The department shall include a statement to that effect in the standard form of prequalification questionnaire and financial statement. Failure of the bidder to obtain proper and adequate licensing for an award of a Contract shall constitute a failure to execute the Contract as provided in Section 10181 and shall result in the forfeiture of the security of the bidder. DIR REQUIREMENTS: In order to be awarded and to perform work on public works projects, prime contractors and subcontractors must possess and maintain registration with the Department of Industrial Relations (DIR) at https://efiling.dir.ca.gov/PWCR. This is a separate requirement from the Contractors State License Board (CSLB) licensing requirement. Contractors and subcontractors are to 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. DISQUALIFICATION OF BIDDERS: More than one proposal from an individual, firm, partnership, corporation, or association under the same or different names will not be considered. Reasonable grounds for believing that any bidder is interested in more than one proposal for the work contemplated will cause the rejection of all proposals in which such bidder is interested. If there is reason for believing that collusion exists among the bidders, all bids will be rejected and none of the participants in such collusion will be considered in future proposals. No proposal will be accepted from a Contractor who is not licensed in accordance with the provision of Chapter 9 of Division III of the Business and Profession Code. RETURN OF PROPOSAL GUARANTY: The City will return the proposal guarantees accompanying each of the proposals which are not used in making the award once the Contract has been finally executed. AWARD OF CONTRACT: Award of a Contract, if it is awarded, will be based primarily on the lowest overall cost (total project with additive bids) to the City, and will be made to a responsible bidder whose proposal complies with all the requirements prescribed. Preference will be given by the City of Grand Terrace to the lowest responsible bidder furnishing products made in the continental United States. Where the price of an acceptable American made product is within 5% of a non-American made product, award will be made to the domestic manufacturer. B-3 H.10.a Packet Pg. 222 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) Evaluation of the bidder's experience and additional information requested on the form "INFORMATION REQUIRED OF BIDDERS", bound herein, also will be a determining factor in arriving at an award. Any such award will be made within 60 calendar days after opening of the proposals. Unless otherwise indicated, a single award will not be made for less than all the bid items in an individual bidding schedule. In the event there is more than one bidding schedule, the City may award schedules individually or in combination. The City reserves the right to reject any or all bids, to waive any informality in a bid, and to make awards in the interests of the City. BUY AMERICA REQUIREMENTS: Attention is directed to the "Buy America" requirements of the Surface Transportation Assistance Act of 1982 (Section 165) and the regulations adopted pursuant thereto. In accordance with said law and regulations, all manufacturing processes for cement and steel materials furnished for incorporation into the work on this project shall occur in the United States. The requirements imposed by said law and regulations do not prevent a minimal use of foreign cement or steel materials if the cost of such materials used does not exceed one-tenth of 1 percent (0.1%) of the total Contract cost or $2,500, whichever is greater. The Contractor shall furnish the Engineer acceptable documentation of the quantity and value of any foreign cement or steel prior to incorporating such materials into the work. EXECUTION OF CONTRACT: The bidder to whom award is made shall execute a written Contract with the City on the form of agreement provided, shall secure all insurance and shall furnish all certificates and bonds required by the Specifications within 10 calendar days after receipt of the Contract from the City. No Contract shall be binding upon the City until the City Attorney has approved the Contract execution between the City and Contractor. Failure or refusal to enter into a Contract as herein provided or to conform to any of the stipulated requirements in connection therewith shall be just cause for annulment of the award and the forfeiture of the proposal guarantee. If the successful bidder refuses or fails to execute the Contract, the City may award the Contract to the second lowest responsible bidder. If the second lowest responsible bidder refuses or fails to execute the Contract, the City may award the Contract to the third lowest bidder to execute the Contract; such bidder's guarantees shall be likewise forfeited to the City. TIME OF COMPLETION: The Contractor shall be allotted the number of working days as specified in the Agreement to complete the work to the satisfaction of the City. B-4 H.10.a Packet Pg. 223 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) PROPOSAL FOR MT. VERNON CORRIDOR INTERSECTION IMPROVEMENT PROJECT Bids due no later than 11:00 AM on Friday, January 31, 2020 at the office of the City Clerk. TO: CITY OF GRAND TERRACE, acting by and through its Governing Body, herein called the "CITY". Pursuant to and in compliance with your Notice to Contractors calling for Bids and other documents relating thereto, the undersigned bidder, having familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract, and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Contract Documents, hereby proposed and agrees to perform within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, and to provide and furnish any and all applicable taxes, utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the project known as: “MT. VERNON CORRIDOR INTERSECTION IMPROVEMENT PROJECT”. All in strict conformity with the specifications and other Contract Documents, including Addenda No. , and , on file at the OFFICE OF THE CITY CLERK, 22795 BARTON ROAD, GRAND TERRACE, CALIFORNIA, 92313, for the sum of: (SEE BID SCHEDULE FOR COST BREAKDOWN OF ITEMS) COMPANY NAME TITLE CITY ZIP CODE TELEPHONE ( ) CONTRACTOR'S LICENSE “A” NO. DIR REGISTRATION NO. C-1 H.10.a Packet Pg. 224 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) DATE BIDDER’S NAME, ADDRESS & PHONE STATE CONTRACTOR’S LICENSE NO. CITY BUSINESS LICENSE NO. (if available) CORPORATE SEAL Corporation incorporated under the State of TELEPHONE: (Area Code) BY: Signature Print or type name TITLE: Names and addresses of all members of co-partnership or names and titles of all officers of the corporation: C-2 H.10.a Packet Pg. 225 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) BID SCHEDULE FOR MT. VERNON CORRIDOR INTERSECTION IMPROVEMENT PROJECT BIDDER: (Company Name) BASE BID: ITEM NO. ITEM DESCRIPTION ESTIMATED QUANTITY UNIT UNIT PRICE ($) TOTAL ($) 1 TRAFFIC CONTROL 1 LS 2 SAWCUT FOR ASPHALT/ CONCRETE 160 LF 3 REMOVE SIDEWALK, AND RECONSTRUCT CURB RETURN WITH CALTRANS RAMP CASE "A" 3 EA 4 REMOVE SIDEWALK, AND RECONSTRUCT CURB RETURN WITH CALTRANS RAMP CASE "C" 2 EA 5 SAWCUT AND REMOVE PAVEMENT, RECONSTRUCT FULL DEPTH ASPHALT THIKNESS 12" 375 SF 6 SAWCUT AND REMOVE 1' WIDE STRIP AC, RECONSTRUCT FULL DEPTH ASPHALT THIKNESS 12" 1 LS 7 4" THICK PCC SIDEWALK OVER 6" CMB 100 SF 8 REPLACE PULLBOX 3 EA 9 INSTALL CALTRANS HIGHER VISIBILITY CROSS WALK (LADDER TYPE)) 20 EA 10 INSTALL OVERSIZE STOP SIGN 20 EA 11 INSTALL FLASHING STOP SIGN 6 EA 12 REMOVE EXISTING STRIPING 1 LS 13 INSTALL NEW STRIPING AND WORD MARKING 1 LS 14 REMOVE EXISTING FLASHING WARNING LIGHTS 1 EA 15 INSTALL DETECTABLE WARNING SURFACE 16 EA 16 INSTALL SOLAR STREET LIGHT 5 EA 17 INSTALL SOLAR RADAR SPEED FEEDBACK 2 EA 18 REMOVE EXISTING STOP SIGNS 20 EA TOTAL BASE BID: (WORDS) $ (FIGURE) C-3 H.10.a Packet Pg. 226 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) ADDITIVE BID SCHEDULE ADDATIVE BID: ITEM NO.ITEM DESCRIPTION ESTIMATED QUANTITY UNIT UNIT PRICE ($)TOTAL ($) 19 INSTALL SOLAR RADAR SPEED FEEDBACK 2 EA TOTAL ADDATIVE BID: (WORDS) $ (FIGURE) BASIS OF AWARD: THE CITY WILL MAKE AN AWARD TO THE LOWEST, RESPONSIVE/RESPONSIBLE BIDDER. THE LOWEST, RESPONSIVE BIDDER WILL BE DETERMINED BY THE TOTAL BASE BID WHILE NOT EXCEEDING THE CONTRACT AWARD LIMIT. C-4 H.10.a Packet Pg. 227 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) ADDENDA ACKNOWLEDGMENT The undersigned acknowledges receipt of the following ADDENDA and the cost if any, or such revisions have been included in the TOTAL BID of the Bidding Schedule (s). ADDENDUM NO. , DATED ADDENDUM NO. , DATED ADDENDUM NO. , DATED ADDENDUM NO. , DATED Name of Bidder Address State License No. Telephone No. By: Signature Title Date the day of , C-5 H.10.a Packet Pg. 228 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder's Name Business Address Telephone State Contractor's License “A” No. Original Date Issued Expiration Date DIR Registration No. The following are the names, titles, addresses, and telephone numbers of all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest in this proposal: The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal, or any firm, corporation, partnership or joint venture of which any principal having an interest in this proposal was an owner, corporate officer, partner, or joint venture are as follows: All current and prior DBA's, alias, and/or fictitious business names for any principal having an interest in this proposal are as follows: C-6 H.10.a Packet Pg. 229 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) IN WITNESS WHEREOF, BIDDER executes and submits this proposal with the names, title, hands, and seals of all aforenamed principals this day of , 20 . BIDDER Subscribed and sworn to this day of , 20 . NOTARY PUBLIC C-7 H.10.a Packet Pg. 230 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) DESIGNATION OF SUBCONTRACTORS BIDDER proposes to subcontract certain portions of the work, and to procure materials and equipment from suppliers and vendors as follows: NAME, ADDRESS, TELEPHONE NUMBER, LICENSE NO., AND DIR REG NO. OF SUBCONTRACTORS ITEMS OF WORK Prior to award of contract, Contractor shall submit a list of suppliers and vendors in writing to the City Engineer. C-8 H.10.a Packet Pg. 231 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) REFERENCES The Contractor shall list in the spaces provided below, not less than three comparable contracts which have been completed within the past two years. Contract Year(s) Type of Work Performed Annual Contract Amount Client/Agency Name Contact Name/Title Phone Number C-9 H.10.a Packet Pg. 232 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) NON-COLLUSION AFFIDAVIT STATE OF CALIFORNIA ) ) SS COUNTY OF ) (NAME), affiant being first duly sworn, deposes and says: that he or she is the of (sole owner, partner, other proper title) , the party making the foregoing bid and (Contracting Firm Name) that the Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Bid is genuine and not collusive or sham; that the Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham Bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham Bid, or that anyone shall refrain from bidding; that the Bidder has not in any manner, directly or indirectly sought by agreement, communication, or conference with anyone to fix the bid price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other Bidder, or to secure any advantage against the public body awarding the Contract of anyone interested in the proposed Contract; that all statements contained in the Bid are true; and, further, that the Bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company associations, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham Bid. (Public Contract Code Section 7106) Bidder's Name: Bidder's Address: Telephone No.: (Signature of Bidder) (Title) All signatures must be notarized and securely attached to this form. C-10 H.10.a Packet Pg. 233 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) FORM OF BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, , as Principal, and as Surety, are hereby and firmly bound unto as Owner in the penal sum of for the payment of which, will and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrator, successors and assigns. Signed this day of ,2016. The condition of the above obligation is such that whereas the Principal has submitted to certain Bid, attached hereto and hereby made a part hereof to enter into a Contract in writing for the MT. VERNON CORRIDOR INTERSECTION IMPROVEMENT PROJECT. NOW, THEREFORE, a. If said Bid shall be rejected, or in the alternate, b. If said Bid shall be accepted and the Principal shall execute and deliver a Contract in the Form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a bond for his faithful performance of said Contract, and shall in all other respects perform the agreement created by said Bid, then this obligation shall be void, otherwise, the same shall remain in force and effect; it is expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligation of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid; and said Surety does hereby waive notice of any such extension. C-11 H.10.a Packet Pg. 234 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first mentioned. PRINCIPAL: BY: SEAL C-12 H.10.a Packet Pg. 235 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01240.0001/514122.1 10/16/2018 AGREEMENT FOR CONTRACT SERVICES By and Between CITY OF GRAND TERRACE and _____________________________________ H.10.a Packet Pg. 236 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01240.0001/514122.1 10/16/2018 -2- AGREEMENT FOR CONTRACT SERVICES BY AND BETWEEN THE CITY OF GRAND TERRACE AND ____________________ This “AGREEMENT FOR CONTRACT SERVICES BY AND BETWEEN THE CITY OF GRAND TERRACE AND ____________________” (herein “Agreement”) is made and entered into this ____ day of ________, 2020 by and between the City of Grand Terrace, a California municipal corporation (“City”) and ___________________________, _________________ (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.” RECITALS A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement. B. Contractor, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services. C. Pursuant to the City of Grand Terrace Municipal Code, City has authority to enter into and execute this Agreement. D. The Parties desire to formalize the selection of Contractor for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein. OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows: ARTICLE 1. SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest H.10.a Packet Pg. 237 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01240.0001/514122.1 10/16/2018 -3- professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances. 1.2 Contractor’s Proposal. The Scope of Service shall include the Contractor’s scope of work or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern. 1.3 Compliance with Law. Contractor shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered. 1.4 Licenses, Permits, Fees and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder. 1.5 Familiarity with Work. By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Contractor discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor’s risk until written instructions are received from the Contract Officer. 1.6 Care of Work. The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence. H.10.a Packet Pg. 238 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01240.0001/514122.1 10/16/2018 -4- 1.7 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. 1.8 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other Contractors. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed. 1.9 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern. ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT. 2.1 Contract Sum. Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed __________________________________ Dollars ($______) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.8. 2.2 Method of Compensation. The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less H.10.a Packet Pg. 239 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01240.0001/514122.1 10/16/2018 -5- contract retention; (iii) payment for time and materials based upon the Contractor’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation. 2.3 Reimbursable Expenses. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City. Coordination of the performance of the work with City is a critical component of the services. If Contractor is required to attend additional meetings to facilitate such coordination, Contractor shall not be entitled to any additional compensation for attending said meetings. 2.4 Invoices. Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Contractor is certifying compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Contractor shall not invoice City for any duplicate services performed by more than one person. City shall independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Contractor to be paid within forty-five (45) days of receipt of Contractor’s correct and undisputed invoice; however, Contractor acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor for correction and resubmission. Review and payment by City for any invoice provided by the Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law. 2.5 Waiver. Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor. ARTICLE 3. PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. H.10.a Packet Pg. 240 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01240.0001/514122.1 10/16/2018 -6- 3.2 Schedule of Performance. Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively. 3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of the Agreement pursuant to this Section. 3.4 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”). ARTICLE 4. COORDINATION OF WORK 4.1 Representatives and Personnel of Contractor. The following principals of Contractor (“Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: (Name) (Title) (Name) (Title) (Name) (Title) It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, H.10.a Packet Pg. 241 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01240.0001/514122.1 10/16/2018 -7- the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. Additionally, Contractor shall utilize only competent personnel to perform services pursuant to this Agreement. Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance. 4.2 Status of Contractor. Contractor shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Contractor, nor any of Contractor’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights. 4.3 Contract Officer. The Contract Officer shall be [_____________________________ or] such person as may be designated by the City Manager. It shall be the Contractor’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 4.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor. H.10.a Packet Pg. 242 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01240.0001/514122.1 10/16/2018 -8- 4.5 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City. ARTICLE 5. INSURANCE AND INDEMNIFICATION 5.1 Insurance Coverages. The Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance which shall cover all elected and appointed officers, employees and agents of City: (a) General Liability Insurance (Occurrence Form CG0001 or equivalent). A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than $1,000,000.00 per occurrence or if a general aggregate limit is used, then the general aggregate limit shall be twice the occurrence limit. (b) Worker’s Compensation Insurance. A policy of worker’s compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for the Contractor against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Contractor in the course of carrying out the work or services contemplated in this Agreement. (c) Automotive Insurance (Form CA 0001 (Ed 1/87) including “any auto” and endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance written on a per occurrence for bodily injury and property damage in an amount not less than $1,000,000. Said policy shall include coverage for owned, non-owned, leased, hired cars and any automobile. (d) Professional Liability. Professional liability insurance appropriate to the Contractor’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement. The insurance must be maintained for at least 5 consecutive years H.10.a Packet Pg. 243 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01240.0001/514122.1 10/16/2018 -9- following the completion of Contractor’s services or the termination of this Agreement. During this additional 5-year period, Contractor shall annually and upon request of the City submit written evidence of this continuous coverage. (e) Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”. 5.2 General Insurance Requirements. All of the above policies of insurance shall be primary insurance and shall name the City, its elected and appointed officers, employees and agents as additional insureds and any insurance maintained by City or its officers, employees or agents may apply in excess of, and not contribute with Contractor’s insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and their respective insurers. Moreover, the insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self-insured retention. All of said policies of insurance shall provide that said insurance may not be amended or cancelled by the insurer or any party hereto without providing thirty (30) days prior written notice by certified mail return receipt requested to the City. In the event any of said policies of insurance are cancelled, the Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with Section 5.1 to the Contract Officer. No work or services under this Agreement shall commence until the Contractor has provided the City with Certificates of Insurance, additional insured endorsement forms or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. City reserves the right to inspect complete, certified copies of and endorsements to all required insurance policies at any time. Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City. All certificates shall name the City as additional insured (providing the appropriate endorsement) and shall conform to the following “cancellation” notice: CANCELLATION: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATED THEREOF, THE ISSUING COMPANY SHALL MAIL THIRTY (30)-DAY ADVANCE WRITTEN NOTICE TO CERTIFICATE HOLDER NAMED HEREIN. [to be initialed] ______________ Contractor Initials H.10.a Packet Pg. 244 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01240.0001/514122.1 10/16/2018 -10- City, its respective elected and appointed officers, directors, officials, employees, agents and volunteers are to be covered as additional insureds as respects: liability arising out of activities Contractor performs; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or any automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, employees or volunteers. Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. The Contractor agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment of damages to any persons or property resulting from the Contractor’s activities or the activities of any person or persons for which the Contractor is otherwise responsible nor shall it limit the Contractor’s indemnification liabilities as provided in Section 5.3. In the event the Contractor subcontracts any portion of the work in compliance with Section 4.5 of this Agreement, the contract between the Contractor and such subcontractor shall require the subcontractor to maintain the same policies of insurance that the Contractor is required to maintain pursuant to Section 5.1, and such certificates and endorsements shall be provided to City. 5.3 Indemnification. To the full extent permitted by law, Contractor agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Contractor is legally liable (“indemnitors”), or arising from Contractor’s or indemnitors’ reckless or willful misconduct, or arising from Contractor’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith: (a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorney’s fees incurred in connection therewith; (b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom; H.10.a Packet Pg. 245 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01240.0001/514122.1 10/16/2018 -11- (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorney’s fees. Contractor shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Contractor shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Contractor in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Contractor and shall survive termination of this Agreement. 5.4 Sufficiency of Insurer. Insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City (“Risk Manager”) due to unique circumstances. If this Agreement continues for more than 3 years duration, or in the event the risk manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the Risk Manager. ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION 6.1 Records. Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Contractor’s business, custody of the books and H.10.a Packet Pg. 246 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01240.0001/514122.1 10/16/2018 -12- records may be given to City, and access shall be provided by Contractor’s successor in interest. Notwithstanding the above, the Contractor shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act. 6.2 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed. 6.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”), including any electronic documents and materials, prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City in a format of the City’s choice upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, reuse or assignment. Contractor may retain copies of such documents for its own use. Contractor shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. Moreover, Contractor with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City. 6.4 Confidentiality and Release of Information. (a) All information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer. H.10.a Packet Pg. 247 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01240.0001/514122.1 10/16/2018 -13- (b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Contractor gives City notice of such court order or subpoena. (c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Contractor’s conduct. (d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION 7.1 California Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of San Bernardino, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of San Bernardino, State of California. 7.2 Disputes; Default. In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, the City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Contractor is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give H.10.a Packet Pg. 248 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01240.0001/514122.1 10/16/2018 -14- notice of the Contractor’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement. 7.3 Retention of Funds. Contractor hereby authorizes City to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Contractor’s acts or omissions in performing or failing to perform Contractor’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein. 7.4 Waiver. Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Contractor shall file a statutory claim pursuant to Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue a legal action under this Agreement. H.10.a Packet Pg. 249 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01240.0001/514122.1 10/16/2018 -15- 7.7 Termination Prior to Expiration of Term. This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon written notice to Contractor. In addition, the Contractor may terminate this Contract for cause, upon sixty (60) days’ advance written notice to City. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Contractor has initiated termination, the Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Contractor has initiated termination, the Contractor shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2. 7.8 Termination for Default of Contractor. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated. 7.9 Attorney’s Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 8.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. H.10.a Packet Pg. 250 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01240.0001/514122.1 10/16/2018 -16- 8.2 Conflict of Interest. Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor’s performance of services under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. 8.3 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class. 8.4 Unauthorized Aliens. Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorney’s fees, incurred by City. ARTICLE 9. MISCELLANEOUS PROVISIONS 9.1 Notices. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Grand Terrace, 22795 Barton Rd, Grand Terrace, CA 92313, and in the case of the Contractor, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. H.10.a Packet Pg. 251 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01240.0001/514122.1 10/16/2018 -17- 9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 9.3 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. 9.4 Integration; Amendment. This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. 9.5 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 9.6 Warranty & Representation of Non-Collusion. No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Nor shall any such officer or employee participate in any decision relating to the Agreement which affects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation, including but not limited to the Political Reform Act (Government Code Sections 81000, et seq.) H.10.a Packet Pg. 252 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01240.0001/514122.1 10/16/2018 -18- Contractor warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Contractor further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Contractor is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect. Contractor’s Authorized Initials _______ 9.7 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE] H.10.a Packet Pg. 253 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 19 01240.0001/514122.1 10/16/2018 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written. CITY: City of Grand Terrace, a municipal corporation ______________________________________ Darcy McNaboe, Mayor ATTEST: ______________________________________ Debra Thomas, City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP ______________________________________ Adrian R. Guerra, City Attorney CONTRACTOR: ______________________________________ ______________________________________ By: ___________________________________ Name: Title: By: ___________________________________ Name: Title: Address: ______________________________ ______________________________ ______________________________ Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR’S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY. H.10.a Packet Pg. 254 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01240.0001/514122.1 10/16/2018 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO On __________, 2020 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: _____________________________________ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER _______________________________ TITLE(S) PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER_______________________________ ______________________________________ SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) _____________________________________________ _____________________________________________ ___________________________________ TITLE OR TYPE OF DOCUMENT ___________________________________ NUMBER OF PAGES ___________________________________ DATE OF DOCUMENT ___________________________________ SIGNER(S) OTHER THAN NAMED ABOVE A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. H.10.a Packet Pg. 255 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01240.0001/514122.1 10/16/2018 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO On __________, 2020 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: _____________________________________ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER _______________________________ TITLE(S) PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER_______________________________ ______________________________________ SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) _____________________________________________ _____________________________________________ ___________________________________ TITLE OR TYPE OF DOCUMENT ___________________________________ NUMBER OF PAGES ___________________________________ DATE OF DOCUMENT ___________________________________ SIGNER(S) OTHER THAN NAMED ABOVE A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. H.10.a Packet Pg. 256 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01240.0001/514122.1 10/16/2018 B-1 EXHIBIT “A” SCOPE OF SERVICES I. Contractor will perform the following Services: A. B. C. II. As part of the Services, Contractor will prepare and deliver the following tangible work products to the City: A. B. C. III. In addition to the requirements of Section 6.2, during performance of the Services, Contractor will keep the City appraised of the status of performance by delivering the following status reports: A. B. C. IV. All work product is subject to review and acceptance by the City, and must be revised by the Contractor without additional charge to the City until found satisfactory and accepted by City. V. Contractor will utilize the following personnel to accomplish the Services: A. B. C. H.10.a Packet Pg. 257 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01240.0001/514122.1 10/16/2018 B-1 EXHIBIT “B” SPECIAL REQUIREMENTS (Superseding Contract Boilerplate) REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS I. General II.Nondiscrimination III.Nonsegregated Facilities IV.Davis-Bacon and Related Act Provisions V. Contract Work Hours and Safety Standards ActProvisions VI.Subletting or Assigning the Contract VII.Safety: Accident Prevention VIII.False Statements Concerning Highway Projects IX.Implementation of Clean Air Act and Federal WaterPollution Control Act X. Compliance with Governmentwide Suspension andDebarment Requirements XI.Certification Regarding Use of Contract Funds forLobbying ATTACHMENTS A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only) I. GENERAL 1.Form FHWA-1273 must be physically incorporated in eachconstruction contract funded under Title 23 (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. Form FHWA-1273 must be included in all Federal-aid design-build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services). The design-builder shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower-tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 2.Subject to the applicability criteria noted in the followingsections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 3.A breach of any of the stipulations contained in theseRequired Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA. 4.Selection of Labor: During the performance of this contract,the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal-aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. The term Federal-aid highway does not include roadways H.10.a Packet Pg. 258 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01240.0001/514122.1 10/16/2018 B-2 functionally classified as local roads or rural minor collectors. II.NONDISCRIMINATION The provisions of this section related to 23 CFR Part 230 are applicable to all Federal- aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts. In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR 60, 29 CFR 1625-1627, Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60-1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3. Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR 60, and 29 CFR 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), and Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The following provision is adopted from 23 CFR 230, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements. 1.Equal Employment Opportunity: Equal employmentopportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under FHWA-1273 -- Revised May 1, 2012 2 H.10.a Packet Pg. 259 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01240.0001/514122.1 10/16/2018 B-2 this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. b. The contractor will accept as its operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre-apprenticeship, and/or on-the-job training." 2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract H.10.a Packet Pg. 260 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01240.0001/514122.1 10/16/2018 B-2 provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions. c. The contractor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are 3 H.10.a Packet Pg. 261 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01240.0001/514122.1 10/16/2018 B-2 applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a). c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below: a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment. b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency. 8. Reasonable Accommodation for Applicants / Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established there under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship. 9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and H.10.a Packet Pg. 262 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01240.0001/514122.1 10/16/2018 B-2 reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations. 10. Assurance Required by 49 CFR 26.13(b): a. The requirements of 49 CFR Part 26 and the State DOT’s U.S. DOT-approved DBE program are incorporated by reference. b. The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the contracting agency deems appropriate. 11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA. a. The records kept by the contractor shall document the following: (1) The number and work hours of minority and non-minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; and (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women; b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project, indicating the number of minority, women, and non-minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor 4 H.10.a Packet Pg. 263 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01240.0001/514122.1 10/16/2018 B-2 will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July. III. NONSEGREGATED FACILITIES This provision is applicable to all Federal-aid construction contracts and to all related construction subcontracts of $10,000 or more. The contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location, under the contractor's control, where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single- user restrooms and necessary dressing or sleeping areas to assure privacy between sexes. IV. DAVIS-BACON AND RELATED ACT PROVISIONS This section is applicable to all Federal-aid construction projects exceeding $2,000 and to all related subcontracts and lower-tier subcontracts (regardless of subcontract size). The requirements apply to all projects located within the right-of-way of a roadway that is functionally classified as Federal-aid highway. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. Contracting agencies may elect to apply these requirements to other projects. The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 “Contract provisions and related matters” with minor revisions to conform to the FHWA- 1273 format and FHWA program requirements. 1. Minimum wages a. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.d. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph 1.b. of this section) and the Davis-Bacon poster (WH–1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. H.10.a Packet Pg. 264 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01240.0001/514122.1 10/16/2018 B-2 b. (1) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (i) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (ii) The classification is utilized in the area by the construction industry; and (iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (2) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (3) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. The Wage and Hour Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or 5 H.10.a Packet Pg. 265 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01240.0001/514122.1 10/16/2018 B-2 will notify the contracting officer within the 30-day period that additional time is necessary. (4) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs 1.b.(2) or 1.b.(3) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. c. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. d. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 2. Withholding The contracting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract, or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the contracting agency may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3. Payrolls and basic records a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. b. (1) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee ( e.g. , the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH–347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The H.10.a Packet Pg. 266 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01240.0001/514122.1 10/16/2018 B-2 prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency for transmission to the State DOT, the FHWA or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the contracting agency.. (2) Each payroll submitted shall be accompanied by a “Statement of Compliance,” signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (i) That the payroll for the payroll period contains the information required to be provided under §5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. 6 H.10.a Packet Pg. 267 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01240.0001/514122.1 10/16/2018 B-2 (3) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH–347 shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraph 3.b.(2) of this section. (4) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. c. The contractor or subcontractor shall make the records required under paragraph 3.a. of this section available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the FHWA may, after written notice to the contractor, the contracting agency or the State DOT, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and trainees a. Apprentices (programs of the USDOL). Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. b. Trainees (programs of the USDOL). H.10.a Packet Pg. 268 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01240.0001/514122.1 10/16/2018 B-2 Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. 7 H.10.a Packet Pg. 269 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01240.0001/514122.1 10/16/2018 B-2 d. Apprentices and Trainees (programs of the U.S. DOT). Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. 6. Subcontracts. The contractor or subcontractor shall insert Form FHWA-1273 in any subcontracts and also require the subcontractors to include Form FHWA-1273 in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. 7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10. Certification of eligibility. a. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). c. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The following clauses apply to any Federal-aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. 1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1.) of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1.) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard H.10.a Packet Pg. 270 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01240.0001/514122.1 10/16/2018 B-2 workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1.) of this section. 3. Withholding for unpaid wages and liquidated damages. The FHWA or the contacting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2.) of this section. 4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1.) through (4.) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1.) through (4.) of this section. 8 H.10.a Packet Pg. 271 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01240.0001/514122.1 10/16/2018 B-2 VI. SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to all Federal-aid construction contracts on the National Highway System. 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116). a. The term “perform work with its own organization” refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the following conditions: (1) the prime contractor maintains control over the supervision of the day-to-day activities of the leased employees; (2) the prime contractor remains responsible for the quality of the work of the leased employees; (3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 2. The contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. 5. The 30% self-performance requirement of paragraph (1) is not applicable to design-build contracts; however, contracting agencies may establish their own self-performance requirements. VII. SAFETY: ACCIDENT PREVENTION This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it H.10.a Packet Pg. 272 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01240.0001/514122.1 10/16/2018 B-2 determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C.3704). VIII. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal-aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each Federal-aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: 18 U.S.C. 1020 reads as follows: 9 H.10.a Packet Pg. 273 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01240.0001/514122.1 10/16/2018 B-2 "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined under this title or imprisoned not more than 5 years or both." IX.IMPLEMENTATION OF CLEAN AIR ACT AND FEDERALWATER POLLUTION CONTROL ACT This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. By submission of this bid/proposal or the execution of this contract, or subcontract, as appropriate, the bidder, proposer, Federal-aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1.That any person who is or will be utilized in theperformance of this contract is not prohibited from receiving anaward due to a violation of Section 508 of the Clean Water Actor Section 306 of the Clean Air Act. 2.That the contractor agrees to include or cause to beincluded the requirements of paragraph (1) of this Section X inevery subcontract, and further agrees to take such action asthe contracting agency may direct as a means of enforcingsuch requirements. X.CERTIFICATION REGARDING DEBARMENT,SUSPENSION, INELIGIBILITY AND VOLUNTARYEXCLUSION This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more – as defined in 2 CFR Parts 180 and 1200. 1.Instructions for Certification – First Tier Participants: a.By signing and submitting this proposal, the prospectivefirst tier participant is providing the certification set out below. b.The inability of a person to provide the certification set outbelow will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," "debarred,""suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. “First Tier Covered Transactions” refers to any covered transaction between a grantee or subgrantee of Federal H.10.a Packet Pg. 274 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01240.0001/514122.1 10/16/2018 B-2 funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. g. The prospective first tier participant further agrees bysubmitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https://www.epls.gov/), which is compiled by the General Services Administration.10 H.10.a Packet Pg. 275 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01240.0001/514122.1 10/16/2018 B-2 i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. * * * * * 2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – First Tier Participants: a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; (2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification; and (4) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2. Instructions for Certification - Lower Tier Participants: (Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. “First Tier Covered Transactions” refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction H.10.a Packet Pg. 276 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01240.0001/514122.1 10/16/2018 B-2 with a grantee or subgrantee of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https://www.epls.gov/), which is compiled by the General Services Administration. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the 11 H.10.a Packet Pg. 277 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01240.0001/514122.1 10/16/2018 B-1 department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. * * * * * Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Participants: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. * * * * * XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000 (49 CFR 20). 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. 12 H.10.a Packet Pg. 278 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01240.0001/514122.1 10/16/2018 B-2 ATTACHMENT A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS This provision is applicable to all Federal-aid projects funded under the Appalachian Regional Development Act of 1965. 1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on-site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except: a. To the extent that qualified persons regularly residing in the area are not available. b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (1c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below. 2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service. 3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required. 4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (1c) above. 5. The provisions of 23 CFR 633.207(e) allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region. 6. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on-site work. H.10.a Packet Pg. 279 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01240.0001/514122.1 10/16/2018 C-1 EXHIBIT “C” SCHEDULE OF COMPENSATION I. Contractor shall perform the following tasks at the following rates: RATE TIME SUB-BUDGET A. __________ __________ __________ __________ B. __________ __________ __________ __________ C. __________ __________ __________ __________ D. __________ __________ __________ __________ II. A retention of ten percent (10%) shall be held from each payment as a contract retention to be paid as part of the final payment upon satisfactory completion of services. III. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.8. IV. The City will compensate Contractor for the Services performed upon submission of a valid invoice. Each invoice is to include: A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate. B. Line items for all materials and equipment properly charged to the Services. C. Line items for all other approved reimbursable expenses claimed, with supporting documentation. D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services. V. The total compensation for the Services shall not exceed $______ as provided in Section 2.1 of this Agreement. VI. The Contractor’s billing rates for all personnel are attached as Exhibit C-1. H.10.a Packet Pg. 280 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01240.0001/514122.1 10/16/2018 D-1 EXHIBIT “D” SCHEDULE OF PERFORMANCE I. Consultant shall perform all Services timely in accordance with the schedule to be developed by Consultant and subject to the written approval of the Contract Officer and the City Attorney’s office. II. Consultant shall deliver the following tangible work products to the City by the following dates. A. B. C. III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2. H.10.a Packet Pg. 281 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, that we a hereinafter called "Principal" and of , State of California, hereinafter called the “Surety”, are held and firmly bound unto of hereinafter called "City" in the penal sum of Dollars ($ ) 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 2018 a copy of which is hereunto attached and made a part hereof for the construction of: PAVEMENT REHABILITATION PROJECT 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 D-9 H.10.a Packet Pg. 282 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 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 2018. ATTEST: PRINCIPAL SEC. PRINCIPAL SEAL BY ADDRESS AS TO PRINCIPAL ADDRESS SURETY ATTEST: ATTORNEY IN FACT SURETY SEC. ADDRESS SEAL WITNESS AS TO SURETY ADDRESS NOTE: Date of Bond must not be prior to date of Contract D10 H.10.a Packet Pg. 283 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 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 2018, 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 D-11 H.10.a Packet Pg. 284 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 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. D-12 H.10.a Packet Pg. 285 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) IN WITNESS WHEREOF, this instrument is executed in six (6) counterparts, each one of which shall be deemed an original, this the day of , 2018. ATTEST: (Principal) (Principal Sec.) (SEAL) (By) (Address) (Witness as to Principal) (Address) (Surety) ATTEST: (Surety Sec.) (SEAL) (By) (Address) (Address) D-13 H.10.a Packet Pg. 286 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 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) D-14 H.10.a Packet Pg. 287 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) GENERAL PROVISIONS SECTION 1 - DEFINITIONS AND ABBREVIATIONS 1.1 CITY The word "City" shall mean the City of Grand Terrace named in the Contract Documents. 1.2 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. 1.3 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. 1.4 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. E-1 H.10.a Packet Pg. 288 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 1.5 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. 1.6 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, 2015 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. 1.7 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. 1.8 COUNCIL The City Council of the City of Grand Terrace. 1.9 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 conformation or increase its strength. 1.12 ROADBED E-2 H.10.a Packet Pg. 289 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 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. E-3 H.10.a Packet Pg. 290 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) SECTION 2 - SPECIFICATIONS, DRAWINGS AND RELATED DATA 2.1 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. 2.2 SPECIFICATIONS AND DRAWINGS COMPLEMENTARY The Specifications and Drawings are complementary to each other. 2.3 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. 2.4 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. 2.5 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 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 E-4 H.10.a Packet Pg. 291 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 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. 2.6 REFERENCE TO STANDARDS OR PUBLICATIONS 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. 2.7 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 E-5 H.10.a Packet Pg. 292 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 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. 2.8 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. E-6 H.10.a Packet Pg. 293 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) SECTION 3 - ENGINEER-CONTRACTOR RELATIONS 3.1 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. 3.2 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. 3.3 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, 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. 3.4 CONSTRUCTION INTERFERENCES E-7 H.10.a Packet Pg. 294 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) (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 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 E-8 H.10.a Packet Pg. 295 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 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. 3.5 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. 3.6 LEGAL ADDRESS OF CONTRACTOR 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. 3.7 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. E-9 H.10.a Packet Pg. 296 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 3.8 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. 3.9 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, 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. E-10 H.10.a Packet Pg. 297 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 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 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. E-11 H.10.a Packet Pg. 298 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 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 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 Contractor shall have no claim against the Owner except for those claims specifically enumerated in Section 3.13. E-12 H.10.a Packet Pg. 299 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 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 identified within the Term of the Contract. SECTION 4 - MATERIALS AND WORKMANSHIP 4.1 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. 4.2 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. 4.3 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. 4.4 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 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. 4.5 DEFECTIVE EQUIPMENT, MATERIALS OR WORK (a) Inspection of the work shall not relieve the Contractor of any of his obligations under the E-13 H.10.a Packet Pg. 300 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 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. 4.6 SOUND CONTROL REQUIREMENTS 4.7 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. 4.8 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. 4.9 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 consent of the Engineer. Such discharge shall not be the basis of any claim for damages against the City or any of his agents. E-14 H.10.a Packet Pg. 301 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) SECTION 5 - PROGRESS AND PAYMENT 5.1 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. 5.2 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 (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-15 H.10.a Packet Pg. 302 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) (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. 5.3 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. E-16 H.10.a Packet Pg. 303 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 5.4 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. 5.5 LIQUIDATED DAMAGES (a) The Contractor shall pay to the City the amount of two hundred and fifty dollars ($250) 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. 5.6 PROGRESS SCHEDULES 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. 5.7 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 E-17 H.10.a Packet Pg. 304 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 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. (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. 5.8 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, E-18 H.10.a Packet Pg. 305 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 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 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). 5.9 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. E-19 H.10.a Packet Pg. 306 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) SECTION 6 - BONDS, INSURANCE, LEGAL RESPONSIBILITY, AND PUBLIC SAFETY 6.1 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. 6.2 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. 6.3 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. 6.4 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. 6.5 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 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. E-20 H.10.a Packet Pg. 307 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 6.6 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. (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, E-21 H.10.a Packet Pg. 308 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 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." 6.7 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. 6.8 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. 6.9 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 E-22 H.10.a Packet Pg. 309 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 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. 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 following telephone numbers are listed. Fire Department comply with the other provisions of this section, the 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 E-23 H.10.a Packet Pg. 310 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 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. SECTION 7 - STATE OF CALIFORNIA REQUIREMENTS 7.1 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. 7.2 PAYROLL RECORDS Contractor shall provide the City with certified copies of payroll records upon demand, and within 24 hours of such demand. 7.3 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. E-24 H.10.a Packet Pg. 311 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 7.4 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. 7.5 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. 7.6 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. 7.7 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. 7.8 CONCRETE FORMS, FALSEWORK AND SHORING The Contractor shall comply fully with the requirements of Section 1717 of the 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 E-25 H.10.a Packet Pg. 312 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 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. E-26 H.10.a Packet Pg. 313 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) SPECIAL PROVISIONS SECTION 2 – SCOPE AND CONTROL OF THE WORK 2-6 WORK TO BE DONE. Add the following: 2-6.1 Scope of Work. The Work generally consists of the rehabilitation of asphalt concrete pavement, cold milling, pulverizing existing pavement section to form pulverized miscellaneous base, placement of rubberized hot mix asphalt (dense-graded), repair and construction of concrete curb, gutter, access ramps, striping, traffic control and all other incidental work as specified in the Specifications and these Special Provisions, and as directed by the Engineer. Upon approval of the Additive Bid Schedule items, Work will also generally consist of furnishing all labor, materials, tools, equipment, and incidentals necessary to remove (by grinding) existing thermoplastic and painted striping, pavement markings and legends; remove raised pavement markers; apply bituminous pavement crack sealant; apply slurry seal in areas indicated; install new striping, pavement markings, legends and raised pavement markers as specified in the Specifications and these Special Provisions, and as directed by the Engineer. The Work also includes sweeping before and after slurry seal applications; removing of grease spots (by grinding); all necessary traffic control; preparing and updating construction schedules; posting signs for “NO PARKING” and arranging for towing of cars, if necessary; protecting all utility covers in place; and installing temporary pavement markers. The Contractor shall be responsible for cleaning, sweeping and removing all loose rock from surfaces, parking areas, gutters, sidewalks, driveways and parkways after all Work, as specified in the Specifications and these Special Provisions, and as directed by the Engineer. 2-9 SURVEYING. 2-9.1 Permanent Survey Markers. Replace the entire Subsection 2-9.1 with the following: The Contractor shall not disturb survey monuments, lot stakes (tagged), centerline ties, or benchmarks without notifying the Engineer. The Contractor shall be responsible to have a CA Registered Land Surveyor document all surveying monuments, lot stakes (tagged), centerline ties, and bench marks that may be disturbed during construction. In the event that identification numbers on survey monuments are illegible, it shall be the responsibility of the Contractor to obtain all information necessary to restore the monuments in their correct location. The Contractor or its Surveyor shall file a Corner Record Form at the San Bernardino County Surveyor referencing survey monuments subject to disturbance prior to the start of construction and also prior to the completion of construction, including a location for reestablishment of disturbed monuments. Copies of the records shall be provided to the City. Final payment will not be made until the aforementioned documentation is provided to the CITY. SP-1 H.10.a Packet Pg. 314 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) All surveying shall be performed by a CA Registered Licensed Land Surveyor or a Registered Civil Engineer authorized to practice land surveying within the state. All monuments and centerline ties shall be tied out and reset in accordance with Section 8771 (Land Surveyors Act) of the Business and Professions Code of the State of California. SECTION 7 – RESPONSIBILITIES OF THE CONTRACTOR 7-8.6.3 Storm Water Pollution Prevention Plan (SWPPP). Replace the entire subsection with the following: Construction activities covered by the General Permit require submittal by the Contractor of a Storm Water Pollution Prevention Plan (SWPPP) prior to the start of any clearing, demolition, grading or excavation. A Storm Water Pollution Prevention Plan (SWPPP) shall be defined as a report that includes site map(s), identification of construction and contractor activities that could pollute storm water, and a description of measures and practices to control the potential pollutants. The preparation and implementation of the SWPPP is intended to ensure that the Contractor will make every reasonable effort to prevent the pollution of water resources during the period of construction. The size and nature of this Contract place it under the regulations of the National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharge Associated with Construction Activity. In the State of California, these regulations are adopted by the State Water Resources Control Board. These regulations require a SWPPP for any work where clearing, grading, and excavation result in a land disturbance of one or more acres. As a result, the Contractor shall prepare, submit to the CITY for review and approval, and implement a SWPPP for this Contract in compliance with these regulations. SECTION 9 – MEASUREMENT AND PAYMENT 9-3.4 Mobilization. Replace the entire subsection with the following: Mobilization shall include site review; obtaining all permits, insurance, and bonds; moving onto the site all equipment; furnishing and erecting temporary buildings, and other construction facilities, and removal of same at completion of the Work; and other work, all as required for the proper performance and completion of the Work. Mobilization shall include, but not be limited to, the following items: (a) Submittal and modification, as required, of the Construction Schedule. (b) Moving on to the site of all Contractor's equipment required for the work (c) Providing on-site sanitary facilities and portable water facilities, as required. (d) Submittal of all required insurance certificates and bonds, including subcontractors. (e) Obtaining all required permits. (f) Having the Contractor’s Superintendent present at the job site full time. SP-2 H.10.a Packet Pg. 315 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) (g) Developing construction water supply. (h) Arranging for and erection of Contractor's work and staging area. (i) Removal (including all spray-painted markings on any surface), cleanup, and restoration. (j) Demobilization SP-3 H.10.a Packet Pg. 316 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) PART 2 CONSTRUCTION MATERIALS SECTION 200 - ROCK MATERIALS 200-2 UNTREATED BASE MATERIALS 200-2.1 General Replace the entire subsection with the following: Untreated base for pavement, curb, gutter, cross gutters, sidewalks, hardscape and other improvements shall be Pulverized Miscellaneous Base conforming to Greenbook 200- 2.8. 200-2.8 PULVERIZED MISCELLANEOUS BASE 200-2.8.2 Testing Add the following: If testing requires, stabilizing agents shall be added to the pulverized miscellaneous base as approved by the Engineer. SECTION 203 – BITUMINOUS MATERIALS 203-5 SLURRY SEAL 203-5.1 General. Replace the first sentence with the following: Slurry seal shall be quick-set Type II emulsion-aggregate slurry (EAS), with the addition of 2.5% latex, OR APPROVED EQUAL and is herein referred to as “Slurry.” 203-11 Asphalt Rubber Hot Mix (ARHM) Replace the entire subsection with the following: RUBBERIZED HOT MIX ASPHALT-DENSE GRADED SPECIFICATIONS 1. General 1.1. Scope This work consists of constructing a Rubberized Dense Grade Asphalt (RHMA-D) overlay on an existing pavement surface. 1.2. Definitions Rubberized Dense Grade Asphalt (RHMA-D): Mixture of rubber modified asphalt binder and dense-graded aggregate mixed in a central mixing plant. SP-4 H.10.a Packet Pg. 317 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) Fine aggregate: Aggregate passing the no. 4 sieve. Coarse aggregate: Aggregate retained on the no. 4 sieve. 1.3. Submittals The Contractor shall comply with all Federal, State, and Local environmental laws, rules, regulations, and ordinances including, but not limited to, air quality requirements. At least 10 days before starting any RHMA-D activities, Contractor shall submit the name of an authorized laboratory to perform Quality Control (QC) testing for RHMA-D. The authorized laboratory must comply with the Caltrans Independent Assurance Program (IAP) or possess current AASHTO Material Reference Laboratory (AMRL) accreditation for all ASTM and AASHTO tests required in Section 2. Contractor shall submit to the Agency a certified volume or weight slip for each delivery of rubber modified binder and RHMA-D. At least 14 days before use, Contractor shall submit: 1. Four each one-quart cans of rubber modified asphalt binder 2. SDS for each hazardous material 3. Rubber modified asphalt binder formulation, including: 3.1. Each source and type of crumb rubber modifier 3.2. Percentage of crumb rubber modifier by total weight of rubber modified asphalt binder 4. Test results 4.1. Certificate of Compliance showing the rubber modified asphalt binder is the required PG grade 4.2. Certificate of Compliance showing each source of crumb rubber modifier is derived from automobile and/or truck tires 4.3. Test results showing the aggregate meets the requirements in Tables 1 and 2 4.4. Test results showing the RHMA-D meets the requirements in Table 3 5. JMF Forms 5.1. Caltrans Contractor Job Mix Formula Proposal form CEM-3511 5.2. Caltrans Contractor Hot Mix Asphalt Design Data form CEM-3512 5.3. Caltrans Hot Mix Asphalt Verification form CEM-3513, if available 5.4. Caltrans Job Mix Formula Renewal form CEM-3514, if available 1.4. Job Mix Formula (JMF) Contractor shall submit the proposed JMF for each type of RHMA-D to be used. The Contractor is required to submit mix design documentation that has been dated within 12 months of submittal. The Contractor shall submit the test results for the RHMA-D showing that the mixture meets all of the requirements as shown in Section 2.6 of these specifications. The JMF must be submitted on the Caltrans Contractor Job Mix Formula Proposal form CEM- 3511along with: 1. Mix design documentation on Caltrans Contractor Hot Mix Asphalt Design Data form CEM-3512. Also report the theoretical maximum specific gravity for the RHMA-D. 2. JMF verification on a Caltrans Hot Mix Asphalt Verification form CEM-3513, if available. SP-5 H.10.a Packet Pg. 318 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 3. JMF renewal on a Caltrans Job Mix Formula Renewal form CEM-3514, if available. The JMF forms do not need to be Caltrans approved, however the Contractor is encouraged to submit Caltrans approved forms if they are available. All Caltrans JMF forms can be found online at: http://www.dot.ca.gov/hq/construc/forms.htm 1.5. Quality Control Program Contractor shall develop, implement, and maintain a QC program. Contractor shall prepare and maintain QC records, including: 1. Names and qualifications of: 1.1. Samplers 1.2. Testers 1.3 Inspectors 2. Testing laboratories 3. Testing equipment calibrations and certifications 4. Construction inspection reports 5. Sampling and testing records organized by date and type of material 6. Test results with comparison of quality characteristic requirements 7. Test results in relation to action and any suspension limits 8. Records of corrective actions and suspensions Contractor shall notify the Agency within 24 hours of any noncompliance identified by the QC program. 1.6. Quality Control Manager Contractor shall assign a QC manager before the start of the affected work. The QC manager must receive, review, and approve all correspondence, submittals, and reports relating to the QC of materials before they are submitted to the Agency. The QC manager must be the sole individual responsible for: 1. Signing the QC plan 2. Implementing the QC plan 3. Maintaining the QC records The QC manager must be Contractor’s employee or must be hired by a subcontractor providing only QC services. The QC manager must not be employed or compensated by a subcontractor or by any other persons or entities hired by subcontractors who will provide services or material for the project. 1.7. Preconstruction Meeting At least 7 business days before the start of surfacing and pavement operations, the following Contractor personnel shall attend a preconstruction meeting with: 1. Project Manager 2. QC manager 3. Project superintendent 4. Project foreman 5. Subcontractors’ foremen SP-6 H.10.a Packet Pg. 319 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 6. RHMA-D supplier Contractor shall be prepared to discuss the project specifications and the processes for producing materials and constructing each item of work, including: 1. Quality assurance 1.1. Quality control 1.2. Agency acceptance 2. Placement of materials: 2.1. Training 2.2. Checklists 2.3. Test strips (if required) 3. Contingency plan 4. Issues specific to the project, including: 4.1. Weather 4.2. Alignment and geometrics 4.3. Traffic control issues 4.4. Haul distances 4.5. Presence and absence of shaded areas 4.6. Noticing 2. Materials 2.1. Rubber Modified Asphalt Binder Rubber modified asphalt binder shall be MAC15TR that meets the requirements in Section 203-14 of the current Greenbook. 2.2. Aggregate Up to 15% of the aggregate by weight may be replaced with Reclaimed Asphalt Pavement (RAP). Recycled Asphalt Shingles (RAS) are not allowed in RHMA-D. Aggregate for RHMA-D must comply with the gradation requirements shown in Table 1. Table 1: Aggregate Gradation Requirements for RHMA-D Percentage passing by weight Sieve Size 3/8 inch Target value limit Allowable tolerance 1” 100 --- 3/4” 100 --- 1/2” 100 --- 3/8” 95-98 ±5 No. 4 55-75 ±5 No. 8 30-50 ±5 No. 30 15-35 ±5 No. 200 2-9 ±2 SP-7 H.10.a Packet Pg. 320 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) The aggregate must also comply with the requirements shown in Table 2. Table 2: Aggregate Requirements Quality Characteristics Test Method Requirement Percent of crushed particles AASHTO T 335 95 Coarse aggregate (min, %) One-fractured face Two-fractured faces Fine aggregate (min, %) 90 (Passing No. 4 sieve and retained on No. 8 sieve.) One-fractured face 70 Los Angeles Rattler (max, %) AASHTO T 96 12 Loss at 100 Rev. Loss at 500 Rev. 40 Sand equivalent (min)a AASHTO T 176 47 Flat and elongated particles (max, % by weight at 5:1) ASTM D4791 10 Fine aggregate angularity (min, %)b AASHTO T 304, Method A 45 aReported value must be the average of 3 tests from a single sample. The use of a reading indicator is required as shown in AASHTO T 176, Figure 1. Sections 4.7, “Manual Shaker’” 7.1.2, “Alternate Method No. 2,” and 8.4.3, “Hand Method,” do not apply. Prepare the stock solution as specified in section 4.8.1, “Stock solution with formaldehyde,” except omit the addition of formaldehyde. bThe Agency waives this specification if RHMA-D contains 10 percent or less of nonmanufactured sand by weight of total aggregate unless the JMF fails verification. Manufactured sand is fine aggregate produced by crushing rock or gravel. 2.3. Rubberized Dense Grade Asphalt (RHMA-D) RHMA-D mixture must comply with the requirements shown in Table 3. Table 3: RHMA-D Requirements for Hveem Mix Design Quality characteristic Test method Requirement Air voids content (%) AASHTO T 269 a 4 Voids in mineral aggregate (min, %)b SP-2 Asphalt Mixture Volumetrics 15.5-18.5 Gradation: 3/8-inch 1/2-inch 14.5-17.5 3/4-inch 13.5-16.5 Dust proportion Asphalt Institute MS-2 0.6-1.3 Bulk Specific gravity AASHTO T 275 Method A Report only Theoretical maximum specific gravity AASHTO T 209 Method A a Report only Moisture susceptibility (min, psi, dry strength) AASHTO T 283 100 Moisture susceptibility (min, psi, wet strength) AASHTO T 283b,c 70 Binder content (min, %, by total weight of mix)d Note D below a Calculate the air voids content of each specimen using AASHTO T 275, Method A, to determine bulk specific gravity. Use AASHTO T 209, Method A, to determine theoretical maximum specific gravity. Use a digital manometer and pycnometer when performing AASHTO T 209. SP-8 H.10.a Packet Pg. 321 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) b Test plant-produced RHMA-D. d Freeze thaw required d Once the percent asphalt-rubber binder is determined by the mix design, the production tolerance shall be + 0.5% / -0.4%. The Optimal Binder Content (OBC) shall be determined by California Test 367, except that Step 2 regarding surface flushing shall not be used. OBC shall be determined by using a void content of 4 percent or less. Compaction shall be in accordance with California Test 34, except for the following: 1. Mixing temperature of binder shall be from 300 to 350 degrees F. 2. Mixing temperature of aggregate shall be from 290 to 325 degrees F. 3. Compaction temperature shall be from 275 to 300 degrees F. 3. Quality Control 3.1. Aggregate Test the quality characteristics of aggregates under the test methods and frequencies shown in Table 4. Table 4: Aggregate Testing Frequencies Quality characteristic Test method Frequency Gradation AASHTO T 27 Startup and 1 per 750 tons Sand equivalenta, b AASHTO T 176 Moisture contentc AASHTO T 255 Crushed particles AASHTO T 335 1 per projectd Los Angeles Rattler AASHTO T 96 Flat and elongated particles ASTM D4791 Fine aggregate angularity AASHTO T 304, Method A aReported value must be the average of 3 tests from a single sample bUse of a sand reading indicator is required as shown in AASHTO T 176, Figure 1. Sections 4.7, “Manual Shaker’” 7.1.2, “Alternate Method No. 2,” and 8.4.3, “Hand Method,” do not apply. Prepare the stock solution as specified in section 4.8.1, “Stock solution with formaldehyde,” except omit the addition of formaldehyde. cTest at continuous mixing plants only. For lime-treated aggregate, test aggregate before treatment and test for gradation and moisture content during RHMA-D production. dAt the discretion of the Agency, testing for crushed particles, Los Angeles Rattler, flat and elongated particles, and/or fine aggregate angularity performed during the mix design, mix design verification, or mix design renewal may be used in lieu of testing during the project. 3.2. Rubberized Hot Mix Asphalt-Dense Graded Test the quality characteristics of RHMA-D under the test methods and frequencies shown in Table 5. Table 5: RHMA-D Requirements for Hveem Mix Design SP-9 H.10.a Packet Pg. 322 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) Quality characteristic Test method Frequency Air voids content (%) AASHTO T 269 1 per 2,000 tons but not less than 1 per paving day Asphalt-Rubber Binder Content Note A below RHMA-D moisture content AASHTO T 329 Voids in mineral aggregate (min, %) SP-2 Asphalt Mixture Volumetrics Dust proportion SP-2 Asphalt Mixture Volumetrics Moisture susceptibility AASHTO T 283 1 per 10,000 tons but not less than 1 per project Nuclear gauge densityb ASTM D 2950 3 per 250 tons but not less than 3 per paving day a Once the percent asphalt-rubber binder is determined by the mix design, the production tolerance shall be + 0.5% / -0.4%. bCalibrated to cores using CTM 375 or other means. Laboratory compaction shall be in accordance with California Test 34, except for the following: 1. Compaction temperature shall be from 290 to 300 degrees F. 4. Construction 4.1. Equipment 4.1.1.Placing/Spreading RHMA-D Paving equipment for spreading must be: 1. Self-propelled 2. Mechanical 3. Equipped with a screed or strike-off assembly that can distribute RHMA-D the full width of a traffic lane 4. Equipped with a full-width compacting device 5. Equipped with automatic screed controls and sensing devices that control the thickness, longitudinal grade, and transverse screed slope Install and maintain grade and slope references. The screed must be heated and produce a uniform RHMA-D surface texture without tearing, shoving, or gouging. The paver must not leave marks such as ridges and indentations. All trucks transporting RHMA-D to the jobsite shall be completely covered with tarpaulins, which are fully secured, during transport. In areas inaccessible to spreading and compacting equipment: 1. Spread the RHMA-D by any means to obtain the specified lines, grades, and cross sections 2. Use a pneumatic tamper, plate compactor, or equivalent to achieve thorough compaction. The use of a material transfer vehicle is allowed. The material transfer vehicle must have sufficient capacity to prevent stopping the paver and must be capable of: 1. Either receiving RHMA-D directly from trucks or using a windrow pickup head to load it from a windrow deposited on the roadway surface SP-10 H.10.a Packet Pg. 323 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 2. Remixing the RHMA-D with augers before transferring into the paver’s receiving hopper or feed system 3. Transferring RHMA-D directly into the paver’s receiving hopper or feed system 4.1.2.Compacting RHMA-D Each roller must have a separate operator. Rollers must be self-propelled and reversible. 4.2. Surface Preparation The Contractor shall remove all existing traffic stripes, markings, crosswalks, stop bars, and legends; and raised pavement markers in areas to receive RHMA-D and any adjacent areas as directed by the Agency. Removal shall be done by sand blasting or grinding and disposing of by the Contractor. Grinding or sand blasting operations shall be conducted to keep all removed pavement material from entering the storm drain system. Said removal shall not occur sooner than 2 calendar days prior to the day that the RHMA-D will be placed. Existing pavement striping, markings, or markers which are outside the work area and not to be removed, shall be protected by the Contractor. Any striping, markings, or markers to remain damaged or rendered useless by the Contractor’s operations shall be restored by the Contractor to the Agency’s satisfaction and at the Contractor’s expense. Following herbicide spraying, all vegetation shall be removed from the cracks in the pavement and from all joints between the pavement and concrete gutters by the Contractor. On the day that a street receives RHMA-D material, it shall be swept without the use of water. Pavement must be completely dry prior to placement of RHMA-D. The Contractor shall not begin any activities related to the placement of RHMA-D on any street until the Agency has approved the street cleaning. Apply a tack coat on the existing pavement surface and on the vertical surfaces of any curbs, gutters, and construction joints. Apply the tack coat at a rate shown in the following table, or as otherwise ordered by the Agency: Table 6: Tack Coat Application Rates for RHMA-D RHMA-D over: Minimum residual rates (gal/sq yd) CSS1/CSS1h, SS1,SS1h and QS1h/CQS1h asphaltic emulsion CRS1/CRS2, RS1/RS2 and QS1/CQS1 asphaltic emulsion Asphalt binder and PMRS2/PMCRS2 and PMRS2h/PMCRS2h asphaltic emulsion New HMA (between lifts of new material)a 0.04 0.05 0.04 Existing pavement 0.05 0.07 0.05 Milled surface 0.06 0.08 0.06 a Only if there has been no traffic other than construction vehicles on the surface, the surface has been in place for one day or less, and the surface is clean, unless otherwise approved by the Agency. Otherwise, use the rates for existing pavement. SP-11 H.10.a Packet Pg. 324 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) Notify the Agency if asphaltic emulsion is diluted with water. The weight ratio of added water to asphaltic emulsion must not exceed 1 to 1. Measure added water by weight so long as the Contractor furnishes the Agency with weight slips from the weighmaster. Water may be measured by volume so long as the vehicles allow for accurate determination of its contents and each vehicle has a legible identification mark showing its volumetric capacity at any given time. The application of the tack coat material shall be uniform in appearance and free from ribboning and all other defects. Correct all defective areas of the tack coat where uniform distribution was not achieved prior to placing RHMA-D material over these areas. Placement of RHMA-D material shall not be permitted until the tack coat has broken. In the event that a scheduled street should become wet due to fog, rain, or any other reason, the placement of RHMA-D shall be suspended until the surface has dried completely, as determined by the Agency. 4.3. Spreading RHMA-D Spread and compact RHMA-D at an ambient air temperature of at least 50 degrees F and a surface temperature of at least 55 degrees F. The Contractor may deposit RHMA-D in a windrow and load it in the paver if: 1. Paver is equipped with a hopper that automatically feeds the screed, or if a Materials Transfer Vehicle (MTV) is used. 2. Loading equipment can pick up the windrowed material and deposit it in the paver hopper without damaging base material 3. Activities for depositing, pickup, loading, and paving are continuous 4. RHMA-D temperature in the windrow does not fall below 270 degrees F RHMA-D placed in a windrow on the roadway surface must not extend more than 250 feet in front of the paver. The temperature of the RHMA-D mixture directly behind the paving machine, before any rolling, shall be at least 240 degrees F. Longitudinal joints in the top layer should be offset six inches from the longitudinal joint in the existing surface layer, if that joint is discernable. The direction of the offset should be towards the lane line, if the joint is not along the lane line. If the longitudinal joint in the existing surface is not discernable, the longitudinal joint shall be along the lane line. A vertical longitudinal joint of more than two inches is not allowed at any time between adjacent lanes open to traffic. If placing RHMA-D against the edge of existing pavement, cold mill, saw cut or grind the pavement straight and vertical along the joint and remove extraneous material unless the Agency approves placement against the existing pavement edge. For divided roadways with an RHMA-D lift thickness greater than two inches, Contractor may construct a one-foot wide tapered notched wedge joint as a longitudinal joint between adjacent lanes open to traffic. A vertical notch of 0.75 inch maximum must be placed at the top and bottom of the tapered wedge. The tapered notched wedge must keep its shape while exposed to traffic. Pave the adjacent lane within 1 day. Construct the tapered portion of the tapered notched wedge with an authorized strike-off device. The strike-off device must provide a uniform slope and must SP-12 H.10.a Packet Pg. 325 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) not restrict the main screed of the paver. Contractor may use a device attached to the screed to construct longitudinal joints that will form a tapered notched wedge in a single pass. The tapered notched wedge must be compacted to a minimum of 90 percent of theoretical maximum density. Where a tapered edge is required, use the same type of RHMA-D used for the adjacent lane or shoulder. The edge of roadway where the tapered edge is to be placed must have a solid base, free of debris such as loose material, grass, weeds, or mud. Grade the areas to receive the tapered edge as required. The tapered edge must be placed monolithic with the adjacent lane or shoulder and must be shaped and compacted with a device attached to the paver. The device must be capable of shaping and compacting RHMA-D to the required cross section as shown. Compaction must be accomplished by constraining the RHMA-D to reduce the cross sectional area by 10 to 15 percent. The device must produce a uniform surface texture without tearing, shoving, or gouging and must not leave marks such as ridges and indentations. The device must be capable of transitioning to cross roads, driveways, and obstructions. For the tapered edge, the angle of the slope must not deviate by more than ±5 degrees from the angle shown in the Plans. Measure the angle from the plane of the adjacent finished pavement surface. If paving is done in multiple lifts, the tapered edge must be placed with each lift. Short sections of hand work are allowed to construct tapered edge transitions. If widening existing pavement, construct new pavement structure to match the elevation of the existing pavement's edge before placing RHMA-D over the existing pavement. Unless otherwise approved by the Agency, do not pave the top layer of any of the following until the adjoining through lane's top layer has been paved: 1. Shoulders 2. Tapers 3. Transitions 4. Road connections 5. Driveways 6. Curve widenings 7. Chain control lanes 8. Turnouts 9. Turn pockets If the number of lanes changes, pave each through lane's top layer before paving a tapering lane's top layer. Simultaneous to paving a through lane's top layer, you may pave an adjoining area's top layer, including shoulders. Do not operate spreading equipment on any area's top layer until completing all compaction activities. If shoulders or median borders are shown, pave shoulders and median borders adjacent to the lane before opening a lane to traffic. If shoulder conform tapers are shown, place conform tapers concurrently with the adjacent lane's paving. 4.4. Compacting RHMA-D Rolling must leave the completed surface compacted and smooth without tearing, cracking, or SP-13 H.10.a Packet Pg. 326 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) shoving. If a vibratory roller is used as a finish roller, turn the vibrator off. Do not open new RHMA-D pavement to traffic until its mid-depth temperature is below 160 degrees F. If the surface to be paved is both in sunlight and shade, pavement temperatures are taken in the sun. The Contractor will use any means necessary to compact the RHMA-D material to 92.0 to 97.0 percent of the theoretical maximum specific gravity. The Contractor will submit to the Agency, in writing, the compaction method to be used at least 5 days prior to placing any RHMA-D material. 4.5. Pavement Smoothness The Contractor will produce an RHMA-D pavement where the surface has a uniform appearance and texture, free from any humps or bumps, and free from segregation. The RHMA-D pavement shall be true to grade and cross section. When a 10-foot straightedge is laid on the finished surface parallel to the centerline of the roadway, the finished surface shall not vary from the edge of the straightedge more than 1/8 inch, except at intersections or at changes of grade. Any areas that are not within this tolerance shall be brought to grade immediately following the initial rolling. If the RHMA-D has cooled below the lower limits of the spreading temperatures prescribed in this specification, the surface of the pavement shall be brought to a true grade cross section. The RHMA-D in the area to be repaired shall be removed, by cold milling, to prov ide a minimum laying depth of 1 inch, or 2 times the maximum aggregate size, whichever is greater, of the new pavement at the join line. Repairs shall not be made to the pavement surface by tapering the thickness at the join lines. Whenever compaction of the final surface lift is complete, place all permanent traffic stripes, pavement markings, crosswalks, stop bars, and raised pavement markers as shown in the Plans or project Specifications. Placement of all pavement markings and raised pavement markers shall be completed within 10 calendar days after compaction of the final surface lift. Protect newly placed traffic stripes and pavement markings from traffic and other deleterious activities until the paint is thoroughly dry or the thermoplastic is hard enough to bear traffic. 5. Agency Acceptance The Agency reserves the right to refuse to permit the use of material solely on the basis of a Certificate of Compliance, except for the asphalt modifier and crumb rubber modifier. The contractor shall allow the Agency or their designee access to observe any and all QC testing being performed. The Contractor must inform the Agency or their designee of the time and location that all QC testing will be performed. Contractor shall deliver samples of materials used to the Agency or permit the Agency or their designee access to obtain samples from any stockpiles or facilities used to store or produce materials used in the RHMA-D upon request at any time during construction. Agency reserves the right to have such materials tested by an independent laboratory for compliance with the requirements in Section 2 for acceptance purposes. Contractor must submit CalRecycle Form 739-TRP certifying the use of California tires and the Cal Recycle Reliable Contractor Declaration prior to commencing work. (http://www.calrecycle.ca.gov/Funding/Forms/Tires/CalRecycle739TRP.pdf). The Agency will use the results of the Contractor’s QC test results to determine if the materials used for the RHMA-D meet the quality characteristic requirements that are specified herein. The Agency will accept the completed, in-place RHMA-D if the final product is uniform in appearance, free from all visible defects, bumps, and has met the minimum in-place density specified in Section 4.4 and binder content in section 2.3. Additionally, all traffic stripes and pavement markings must be in place. SP-14 H.10.a Packet Pg. 327 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 6. Payment The payment quantity for RHMA-D is measured based on the combined mixture weight. If recorded batch weights are printed automatically, the bid item for RHMA-D is measured by using the printed batch weights. Contractor shall supply: 1. Time, date, mix number, load number, and truck identification are correlated with a load slip. 2. Each load slip shows the truck’s empty weight and the truck’s total weight including RHMA-D material. 3. Copy of the recorded batch weights is certified by a licensed weighmaster. The payment for tack coat is not included in the payment for RHMA-D. The Agency does not adjust the unit price for an increase or decrease in the tack coat quantity. SECTION 210 – PAINT AND PROTECTIVE COATINGS 210-1 PAINT Add the following subsection: 210-1.6 Paint for Traffic Striping, Pavement Marking, and Curb Marking 210-1.6.1. General. All permanent striping and pavement markings on arterial and collector streets shall be hot applied alkyd thermoplastic in accordance with the provisions of Section 84-2.02 of the Caltrans Standard Specifications. All permanent striping and pavement markings on local (residential) streets shall be alkyd thermoplastic in accordance with the provisions of Section 84-3.02 of the Caltrans Standard Specifications. 210-1.6.2. Thermoplastic Paint, State Specifications. Traffic stripes and pavement markings shall conform to the provisions of Section 84 of the Caltrans Standard Specifications. Contractor shall paint a solid black stripe between all double thermoplastic striping. SP-15 H.10.a Packet Pg. 328 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) PART 3 CONSTRUCTION METHODS SECTION 300 - EARTHWORK 300-1 CLEARING AND GRUBBING 300-1.2 Preservation of Property. Add the following: 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 disruption of service caused by the Contractor’s operations shall be regularly and 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 precipitated by the Contractor’s operations the Contractor shall replace same with 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. 300-1.3.1 General. Replace the entire subsection with the following: Unless otherwise stated on the Plans or Specifications, all material removed from the Work shall become the property of the Contractor and shall be disposed of in a lawful manner. Removals shall include, but not be limited to, 1) All excess excavation material not needed for structural section 2) Debris 3) Miscellaneous items The contractor shall conform to the following requirements: 1) The Contractor shall not start any removal work unless it is prepared to perform reconstruction work within 24 hours of the time removals were begun, unless otherwise approved by the Engineer. 2) The Contractor shall complete forming and pouring of PCC construction within five (5) working days following the removal of existing material at any location. 3) The Contractor shall not remove on-site improvements until it is prepared to construct the adjacent street section and shall promptly restore all such SP-16 H.10.a Packet Pg. 329 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) improvements as applicable, upon completion of the adjacent street work. All concrete removed shall be hauled off the Work site no later than the calendar day following the day that the removal is performed. Prior to making removals, the Contractor shall meet with the Engineer to verify the limits of removals, locations of joins, to establish smooth joins and to ensure proper drainage. The Contractor may make minor changes in the location of joins and the limits of removals, provided a smooth join and proper drainage can be achieved and it has obtained prior written approval from the Engineer. In order to protect the public streets from deterioration due to hauling of materials, the Contractor shall submit, prior to the Pre-Construction Meeting, for approval a proposed route for hauling of materials for disposal. Upon approval, the Contractor shall strictly adhere to that route, unless written permission from the Engineer is obtained to change the route. SECTION 301 - TREATED SOIL, SUBGRADE PREPARATION, AND PLACEMENT OF BASE MATERIALS 301-1 SUBGRADE PREPARATION 301-1.3 Relative Compaction [replace the first paragraph with the following]: The top 150 mm (6 inches) of subgrade material under street structural section and curb and gutter shall be compacted to a relative compaction of 95 percent. The top six inches of subgrade material under alley pavement, driveway, and sidewalks shall be compacted to a relative compaction of 90 percent. SECTION 302 – ROADWAY SURFACING 302-1 COLD MILLING OF EXISTING PAVEMENT 302-1.1 General. Replace with the following: Cold Milling shall include edge milling, header milling and profile milling as necessary to provide the required grades and allow for a smooth pavement profile in preparation for asphalt concrete overlay paving. Milling limits shown on the plans are approximate. The Engineer may direct the Contractor to cold mill in other areas, as necessary for construction. Some adjustment of limits and depths will be necessary to accommodate paving requirements. Care shall be exercised not to damage adjacent concrete including curbs without gutters. Gutters or curbs damaged shall be replaced at the Contractor's expense. Existing asphalt concrete shall be milled at the locations and to the dimensions in these Specifications or as directed by the Engineer. The cold milling making shall have a cutter head at least 30 inches wide and shall be operated so as not to produce fumes or smoke. SP-17 H.10.a Packet Pg. 330 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) The depth, width and shape of the cut shall be as indicated in these Specifications or as directed by the Engineer. The final cut shall result in a uniform surfacing conforming to the typical cross sections. The outside lines of the milled area shall be neat and uniform. The road surfacing to remain in place shall not be damaged in any way. Where transverse joints are milled in the pavement at conform lines, no drop-off shall remain between the existing pavement and the milled area when the pavement is opened to public traffic. If asphalt concrete has not been placed to the public traffic, a temporary asphalt concrete taper shall be constructed. The asphalt concrete shall be placed to the level of the existing pavement and tapered on a slope of 30:1 or flatter to the level of the milled area. Temporary tapers shall remain in place no longer than seven (7) days. Asphalt concrete for tapers shall be commercial quality and may be spread and compacted by any method that will produce a smooth riding surface. Asphalt concrete tapers shall be completely removed, including removing all loose material from the underlying surface, before placing the permanent surfacing. Placement of Asphalt Rubber Hot Mix (ARHM) shall be done within three days after the cold milling operation. 302-4 SLURRY SEAL SURFACING. 302-4.1 General. Add the following: The Contractor shall immediately inform the City of any necessary asphalt patching or repairs, and all other roadway surface preparation work not included in these specifications, but is required in order to achieve the required quality of slurry seal work, at any project location. Prior to Slurry application, the Contractor shall perform the following preparation Work in all project areas, unless otherwise specified: 1) Remove all existing pavement striping, markings, and legends, and raised pavement markers per Section 314, “TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT PARKERS,” in these Special Provisions. 2) Apply crack sealant in accordance to Section 302-14 “BITUMINOUS PAVEMENT CRACK SEALING,” of these Special Provisions. 3) Protect all manhole covers, drain inlet covers, monument covers and all other utility covers from Slurry Seal operations by applying a sheet of plastic, cut to fit or placing a plastic bag over the exposed facilities or other methods approved by the Engineer. All traces of plastic, residual emulsion and Slurry shall be removed from all manhole covers, drain inlet covers, monument covers and all other utility covers as quickly as possible, after the application of Slurry and/or prior to final acceptance of the project. 4) Clean all surfaces that are to be Slurried, including removing all debris, vegetation, and other organic matter, removing any standing water, and sweeping the project area to remove all loose rocks and material. SP-18 H.10.a Packet Pg. 331 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 302-4.11 Measurement and Payment. Delete this subsection and replace with the following: Slurry will be measured by the square foot (SF) for the actual pavement area slurry sealed. Quantities shown in the Bidder’s Proposal are based on estimated measurements of the project areas and are approximations only. Compensation for preparation Work described in this Section will be considered as included in the Contract Unit Price per Street for the items of work involved and no additional compensation will be allowed therefore. No payment shall be made for any area requiring re-application of Slurry due to damage of Slurry, prior to acceptance of Work. 302-5 ASPHALT CONCRETE PAVEMENT. 302-5.4 Tack Coat. Add the following paragraph: A Tack Coat shall be applied between base and finish/surface courses when i) the finish/surface course is not placed immediately after the base course (within 24 hours AND with no traffic using the base course surface); ii) to existing paved surfaces where new asphalt concrete overlaps or abuts existing pavement; and iii) along all edges of concrete gutters and PCC pavement slabs. There shall be no separate payment for Tack Coat. 302-5.8 Manhole (and other structures ). Add the following: Contractor shall be required to remove manholes and utility access covers to below the depth to be removed and restore said covers to finish grade upon completion of paving. Add the following subsection: 302-5.8.1 Payment. Payment shall be per the Contract Unit Price bid per each for adjustment of utility access covers (valves, meters, pull boxes) and manholes to grade. When applied to pull boxes, adjustment shall include the lowering or raising of conduits accordingly, as required per this provision. Add the following subsections: 302-14 BITUMINOUS PAVEMENT CRACK SEALING. 302-14.1 General. Bituminous pavement crack sealing shall consists of furnishing all labor, materials, tools, equipment, and incidentals necessary to complete the Work involved in the application of bituminous pavement crack sealant. All pavement cracks equal to 1/4” in width or greater shall be sealed. 302-14.2 Cleaning. Prior to crack sealing, the Contractor shall be responsible for properly cleaning all pavement cracks to be sealed, to the satisfaction of the Engineer. Cleaning of SP-19 H.10.a Packet Pg. 332 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) pavement cracks shall include, but is not limited to, the application of approved week killer, as specified by the manufacture or Engineer, removal of debris or loose material from cracks, and cleaning of cracks with a hot air lance. 302-14.3 Materials. The crack sealant shall be a mixture of asphalt cement, aromatic rubber extender, oil and a minimum of 20% powdered rubber by weight, combined in such a manner as to produce a material with the following properties: 1) WORKABILITY. The material shall pour readily and penetrate large cracks at temperatures below 400 degrees Fahrenheit. 2) CURING. The product shall contain no water or volatile solvents and shall cure immediately upon cooling to a sufficient viscosity to prevent tracking by traffic. 3) LABORATORY EVALUATION. When the sample of the product has been heated at 350 degrees Fahrenheit for two hours, it shall pass the following tests: • Softening Point (R & B): 135 degrees Fahrenheit Min. (ASTM D312) • Flexibility: A 1/8" thick specimen of the product conditioned to 10 degrees Fahrenheit shall be capable of being bent to a 90-degree angle over 1" mandrel without cracking. • The sealer shall be forced into the crack by use of a squeegee. SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS, AND DRIVEWAYS 303-5.5. Finishing 303-5.5.5. Alley Intersections, Access Ramps, and Driveways. Add the following: Unless otherwise approved by the Engineer, the entire affected curb and gutter portion shall be removed by sawcutting the adjacent AC pavement one (1) foot from the edge of the PCC gutter. Where applicable, the contractor shall reconstruct this one (1) foot wide section with a 3-inch thick section of AC pavement (C2-PG-64-10) on a 4-inch thick section of 1-sack cement and sand slurry mix on an 8-inch thick section of untreated Base. If the affected curb and gutter is located in a spandrel, the spandrel shall be sawcut six inches (6”) minimum from the flow line of the gutter and the spandrel reconstructed to match the existing spandrel portion to remain and be on 8 inches of untreated Base. No extra payment will be allowed for the PCC spandrel construction. PCC Access Ramps shall be constructed at locations shown on the Plans and per the 2015 Caltrans Standard Plan A88A, included in Appendix IV. PCC Access Ramps shall not be poured monolithically with concrete curb. Access ramps constructed in existing curb returns may obliterate survey tie points. The Contractor shall give a minimum of three (3) work days advance notice of each location to SP-20 H.10.a Packet Pg. 333 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) the Engineer prior to removals so the CITY may reestablish the existing survey tie points. Detectable Warning Surface. Access ramps shall have a single piece prefabricated detectable warning surface with dimensions of 36-inches (perpendicular to curb) by 48-inches wide (along curb) installed in accordance with the 2015 Caltrans Standard Plan A88A and comply with the requirements of the Americans with Disabilities Act (ADA). Detectable warnings shall consist of raised truncated domes with a base diameter of nominal 0.9 inches, a top diameter of nominal 0.45 inches, a height of nominal 0.20 inches and a center-to-center spacing of nominal 2.35 in (60 mm). The edge of the detectable warning surface nearest the street shall be between 6” and 8” from the gutter flowline. The detectable warning surface shall be a Cast-In-Place Replaceable Tactile Warning Surface Tile. The color of the detectable warning surface shall be Dark Gray (Federal Color No. 36118) or as approved by the Engineer prior to installation. The detectable warning surface shall be installed in accordance with the manufacturer’s recommendations and instructions. The manufacturer shall provide a minimum 5-year warranty, guaranteeing replacement when there is a defect in the dome shape, color fastness, sound-on-cane acoustic quality, resilience or attachment. The warranty period shall begin on the date of acceptance of the Contract. 303-5.7 Repairs and Replacements [Add to Subsection 303-5.7, “Repairs and Replacements,” of the Standard Specifications, the following:] In order to minimize vandalism damage to the finished PCC surfaces, the Contractor shall plan his work so that no PCC is poured after 1:00 p.m., unless otherwise authorized by the Engineer in the field. The Contractor shall barricade and protect placed Portland Cement Concrete from all damages, marks, mars, and/or graffiti. Any Portland Cement Concrete damaged, defaced, discolored, or defective shall be replaced to the satisfaction of the Engineer at the Contractor's expense, and no additional time will be allowed. Grading, patching, or other remedies to correct the situation will not be accepted unless in the opinion of the Engineer the vandalized area is so small that it does not warrant replacement. Concrete replacement areas shall be from score mark or control joint to score mark or control joint, and full width of the sidewalk. All replacement areas shall be saw cut. SECTION 601 – WORK AREA TRAFFIC CONTROL 601-1 General. Replace entire subsection as follows: Work area traffic control shall comply with California Manual on Uniform Traffic Control Devices (MUTCD) Standards. SP-21 H.10.a Packet Pg. 334 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) BASE BID PROJECT LOCATIONS *MAP IS FOR GENERAL LOCATION ONLY EX-1 H.10.a Packet Pg. 335 At t a c h m e n t : 9 B . M t V e r n o n B i d D o c u m e n t s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01247.0006/634563.2 PUBLIC WORKS AGREEMENT By and Between CITY OF GRAND TERRACE and TSR CONSTRUCTION AND INSPECTIONS H.10.b Packet Pg. 336 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) -1- 01247.0006/634563.2 AGREEMENT FOR PUBLIC WORKS SERVICES BETWEEN THE CITY OF GRAND TERRACE AND TSR CONSTRUCTION AND INSPECTIONS This AGREEMENT FOR PUBLIC WORKS SERVICES (herein “Agreement”) is made and entered into this 10th day of March, 2020 by and between the City of Grand Terrace, a California municipal corporation (“City”) and TSR Construction and Inspections, a California corporation (“Contractor”). City and Contractor may be referred to, individually or collectively, as “Party” or “Parties.” RECITALS A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement. B. Contractor, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services. C. Pursuant to the City of Grand Terrace Municipal Code, City has authority to enter into and execute this Agreement. D. The Parties desire to formalize the selection of Contractor for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein. OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows: ARTICLE 1. WORK OF CONTRACTOR 1.1 Scope of Work. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the “Scope of Work” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the work required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this H.10.b Packet Pg. 337 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) -2- 01247.0006/634563.2 Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances. 1.2 Bid Documents. The Scope of Work shall include the “General Provisions” and “Special Provisions” in the bid documents for the project entitled “Mt. Vernon Avenue Corridor Intersection Improvement Project” (“Project”), including any documents, addenda, or exhibits referenced therein (collectively, “bid documents”), all of which are incorporated herein by this reference. In the event of any inconsistency between the terms of the bid documents and this Agreement, the terms of this Agreement shall govern. 1.3 Compliance with Law. Contractor shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered. 1.4 Compliance with California Labor Law. (a) Public Work. The Parties acknowledge that the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by regulation. (b) Prevailing Wages. Contractor shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Contractor acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement. (c) Penalty for Failure to Pay Prevailing Wages. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor. (d) Payroll Records. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep H.10.b Packet Pg. 338 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) -3- 01247.0006/634563.2 accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. (f) Eight-Hour Work Day. Contractor acknowledges that eight (8) hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810. (g) Penalties for Excess Hours. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay. (h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Contractor certifies as follows: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.” Contractor’s Authorized Initials ________ (i) Contractor’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Contractor shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract H.10.b Packet Pg. 339 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) -4- 01247.0006/634563.2 with any subcontractor for work under this Agreement. Contractor shall take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor. 1.5 Licenses, Permits, Fees and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits, registrations, and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder. 1.6 Familiarity with Work. (a) By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the scope of work to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. (b) Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any: (i) material Contractor believes may be hazardous waste as defined in Section 25117 of the Health & Safety Code required to be removed to a Class I, II, or III disposal site in accordance with existing law; (ii) subsurface, unknown or latent conditions, materially different from those indicated; or (iii) unknown physical conditions at the site of any unusual nature, different from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement, and will materially affect the performance of the services hereunder. (c) City shall promptly investigate the conditions, and if it finds that the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor's cost of, or the time required for, performance of any part of the work, shall issue a change order per Section 1.10 of this Agreement. (d) In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date set, but shall proceed with all work to be performed under the Agreement. Contractor shall retain any and all rights provided H.10.b Packet Pg. 340 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) -5- 01247.0006/634563.2 either by contract or by law, which pertain to the resolution of disputes and protests between the contracting parties. (e) City will compensate Contractor to the extent required by Government Code Section 4215 by issuing a change order per Section 1.10 of this Agreement. 1.7 Protection and Care of Work and Materials. The Contractor shall adopt reasonable methods, including providing and maintaining storage facilities, during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as caused by City’s own negligence. Stored materials shall be reasonably accessible for inspection. Contractor shall not, without City’s consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the work. 1.8 Warranty. Contractor warrants all work under the Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the work or non-conformance of the work to the Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act as soon as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair, remove and replace any portions of the work (or work of other contractors) damaged by its defective work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor's obligation hereunder to correct defective work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. H.10.b Packet Pg. 341 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) -6- 01247.0006/634563.2 Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand. 1.9 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. 1.10 Additional Work and Change Orders. (a) City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Work or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor (“Change Order”). All Change Orders must be signed by the Contractor and Contract Officer prior to commencing the extra work thereunder. (b) Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or any increase in the time to perform of up to one hundred eighty (180) days; and does not materially affect the Work and which are not detrimental to the Work or to the interest of the City, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. (c) Any adjustment in the Contract Sum for a Change Order must be in accordance with the rates set forth in the Schedule of Compensation in Exhibit “C”. If the rates in the Schedule of Compensation do not cover the type of work in the Change Order, the cost of such work shall not exceed an amount agreed upon in writing and signed by Contractor and Contract Officer. If the cost of the Change Order cannot be agreed upon, the City will pay for actual work of the Change Order completed, to the satisfaction of the City, as follows: (i) Labor: the cost of labor shall be the actual cost for wages of workers and subcontractors performing the work for the Change Order at the time such work is done. The use of labor classifications that would increase the cost of such work shall not be permitted. (ii) Materials and Equipment: the cost of materials and equipment shall be at cost to Contractor or lowest current price which such materials and equipment are reasonably available at the time the work is done, whichever is lower. (iii) If the cost of the extra work cannot be agreed upon, the Contractor must provide a daily report that includes invoices for labor, materials and equipment costs for the work under the Change Order. The daily report must include: list of names of workers, classifications, and hours worked; description and list of quantities of materials used; type of H.10.b Packet Pg. 342 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) -7- 01247.0006/634563.2 equipment, size, identification number, and hours of operation, including loading and transportation, if applicable; description of other City authorized services and expenditures in such detail as the City may require. Failure to submit a daily report by the close of the next working day may, at the City’s sole and absolute discretion, waive the Contractor’s rights for that day. (d) It is expressly understood by Contractor that the provisions of this Section 1.10 shall not apply to services specifically set forth in the Scope of Work. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Work may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. (e) No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed. 1.11 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern. ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT. 2.1 Contract Sum. Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Two Hundred Sixty Eight Thousand Three Hundred Fifty Dollars ($268,350) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10. 2.2 Method of Compensation. The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services less the contract retention; (iii) payment for time and materials based upon the Contractor’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation. 2.3 Reimbursable Expenses. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, H.10.b Packet Pg. 343 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) -8- 01247.0006/634563.2 and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City. Coordination of the performance of the work with City is a critical component of the services. If Contractor is required to attend additional meetings to facilitate such coordination, Contractor shall not be entitled to any additional compensation for attending said meetings. 2.4 Invoices. Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Contractor is certifying compliance with all provisions of the Agreement. The invoice shall contain all information specified in Exhibit “C”, and shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Contractor shall not invoice City for any duplicate services performed by more than one person. City shall, as soon as practicable, independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, or as provided in Section 7.3, City will cause Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed invoice; however, Contractor acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event that City does not cause Contractor to be paid within thirty (30) days of receipt of an undisputed and properly submitted invoice, Contractor shall be entitled to the payment of interest to the extent allowed under Public Contract Code Section 20104.50. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor, not later than seven (7) days after receipt by the City, for correction and resubmission. Returned invoices shall be accompanied by a document setting forth in writing the reasons why the payment request was rejected. Review and payment by the City of any invoice provided by the Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law. 2.5 Waiver. Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor. ARTICLE 3. PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in H.10.b Packet Pg. 344 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) -9- 01247.0006/634563.2 the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively. 3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of the Agreement pursuant to this Section. 3.4 Inspection and Final Acceptance. City may inspect and accept or reject any of Contractor’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Contractor’s work within forty-five (45) days after submitted to City. City shall accept work by a timely written acceptance, otherwise work shall be deemed to have been rejected. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as to amount to fraud. Acceptance of any work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Articles 1 and 5, pertaining to warranty and indemnification and insurance, respectively. 3.5 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”). ARTICLE 4. COORDINATION OF WORK 4.1 Representatives and Personnel of Contractor. The following principals of Contractor (“Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: Gabriel Zapirtan President H.10.b Packet Pg. 345 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) -10- 01247.0006/634563.2 (Name) (Title) _____________________________ _____________________________ (Name) (Title) _____________________________ _____________________________ (Name) (Title) It is expressly understood that the experience, knowledge, capability and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement. Therefore, the Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. Additionally, Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance. 4.2 Status of Contractor. Contractor shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Contractor, nor any of Contractor’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights. 4.3 Contract Officer. The Contract Officer shall be the City Manager or such person as may be designated by the City Manager. It shall be the Contractor’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 4.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, H.10.b Packet Pg. 346 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) -11- 01247.0006/634563.2 mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor. 4.5 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. All subcontractors shall obtain, at its or Contractor’s expense, such licenses, permits, registrations and approvals (including from the City) as may be required by law for the performance of any services or work under this Agreement. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City. ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS 5.1 Insurance Coverages. Without limiting Contractor’s indemnification of City, and prior to commencement of any services under this Agreement, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. (a) General liability insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. (b) Automobile liability insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and H.10.b Packet Pg. 347 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) -12- 01247.0006/634563.2 property damage for all activities of the Contractor arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. (c) Professional liability (errors & omissions) insurance. Contractor shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Contractor agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (d) Workers’ compensation insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). (e) Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”. 5.2 General Insurance Requirements. (a) Proof of insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. (b) Duration of coverage. Contractor shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Contractor, its agents, representatives, employees or subcontractors. (c) Primary/noncontributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured. (d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium H.10.b Packet Pg. 348 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) -13- 01247.0006/634563.2 paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. (f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. (g) Enforcement of contract provisions (non-estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. (h) Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (i) Notice of cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. (j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. (k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for H.10.b Packet Pg. 349 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) -14- 01247.0006/634563.2 all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause. Contractor agrees to ensure that its subcontractors and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation. (o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. (p) Timely notice of claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. (q) Additional insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 5.3 Indemnification. To the full extent permitted by law, Contractor agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Contractor is legally liable (“indemnitors”), or arising from Contractor’s or indemnitors’ reckless or willful misconduct, or arising from Contractor’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith: (a) Contractor will defend any action or actions filed in connection with H.10.b Packet Pg. 350 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) -15- 01247.0006/634563.2 any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith; (b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees. In addition, Contractor agrees to indemnify, defend and hold harmless the Indemnified Parties from, any and all claims and liabilities for any infringement of patent rights, copyrights or trademark on any person or persons in consequence of the use by the Indemnified Parties of articles to be supplied by Contractor under this Agreement, and of which the Contractor is not the patentee or assignee or has not the lawful right to sell the same. Contractor shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Contractor shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Contractor in the performance of professional services and work hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Contractor and shall survive termination of this Agreement. 5.4 Notification of Third-Party Claims. City shall timely notify Contractor of the receipt of any third-party claim relating to the work under this Agreement. City shall be entitled to recover from Contractor its reasonable costs incurred in providing such notification. 5.5 Performance and Labor Bonds. Concurrently with execution of this Agreement Contractor shall deliver to the City, the following: (a) A performance bond in the amount of the Contract Sum of this H.10.b Packet Pg. 351 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) -16- 01247.0006/634563.2 Agreement, in the form provided by the City Clerk, which secures the faithful performance of this Agreement. (b) A labor and materials bond in the amount of the Contract Sum of this Agreement, in the form provided by the City Clerk, which secures the payment of all persons furnishing labor and/or materials in connection with the work under this Agreement. Both the performance and labors bonds required under this Section 5.5 shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bond shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement and pays all labor and materials for work and services under this Agreement. 5.6 Sufficiency of Insurer or Surety. Insurance and bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best’s Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City (“Risk Manager”) due to unique circumstances. If this Agreement continues for more than 3 years duration, or in the event the Risk Manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the performance bond required by Section 5.5 may be changed accordingly upon receipt of written notice from the Risk Manager. 5.7 Substitution of Securities. Pursuant to Public Contract Code Section 22300, substitution of eligible equivalent securities for any funds withheld to ensure performance under this Agreement may be permitted at the request and sole expense of the Contractor. Alternatively, the Contractor may, pursuant to an escrow agreement in a form prescribed by Public Contract Code Section 22300, request payment of retentions funds earned directly to the escrow agent at the sole expense of the Contractor. 5.8 Release of Securities. City shall release the Performance and Labor Bonds when the following have occurred: (a) Contractor has made a written request for release and provided evidence of satisfaction of all other requirements under Article 5 of this Agreement; (b) the Work has been accepted; and (c) after passage of the time within which lien claims are required to be made pursuant to applicable laws; if lien claims have been timely filed, City shall hold the Labor Bond until such claims have been resolved, Contractor has provided statutory bond, or otherwise H.10.b Packet Pg. 352 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) -17- 01247.0006/634563.2 as required by applicable law. ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION 6.1 Records. Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies, certified and accurate copies of payroll records in compliance with all applicable laws, or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of 3 years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Contractor’s business, custody of the books and records may be given to City, and access shall be provided by Contractor’s successor in interest. Notwithstanding the above, the Contractor shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act. 6.2 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed. 6.3 Cityship of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the City’s sole risk H.10.b Packet Pg. 353 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) -18- 01247.0006/634563.2 and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, reuse or assignment. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. Moreover, Contractor with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City. 6.4 Confidentiality and Release of Information. (a) Information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer. (b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena. (c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorneys’ fees, caused by or incurred as a result of Contractor’s conduct. (d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION 7.1 California Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of San Bernardino, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal H.10.b Packet Pg. 354 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) -19- 01247.0006/634563.2 jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of San Bernardino, State of California. 7.2 Disputes. (a) Default; Cure. In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, the City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Contractor is in default, the City shall hold all invoices and shall proceed with payment on the invoices only when the default is cured. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Contractor’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement. (b) Dispute Resolution. This Agreement is subject to the provisions of Article 1.5 (commencing at Section 20104) of Division 2, Part 3 of the California Public Contract Code regarding the resolution of public works claims of less than $375,000. Article 1.5 mandates certain procedures for the filing of claims and supporting documentation by the Contractor, for the response to such claims by the City, for a mandatory meet and confer conference upon the request of the Contractor, for mandatory non-binding mediation in the event litigation is commenced, and for mandatory judicial arbitration upon the failure to resolve the dispute through mediation. This Agreement hereby incorporates the provisions of Article 1.5 as though fully set forth herein. 7.3 Retention of Funds. Contractor hereby authorizes City to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Contractor’s acts or omissions in performing or failing to perform Contractor’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein. 7.4 Waiver. Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any H.10.b Packet Pg. 355 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) -20- 01247.0006/634563.2 party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Contractor shall file a claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement. 7.7 Liquidated Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of Two Hundred Fifty Dollars ($250.00) as liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Schedule of Performance (Exhibit “D”). The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages. Pursuant to Government Code Section 4215, Contractor shall not be assessed liquidated damages for delay in completion of the project when such delay was caused by the failure of the public agency or owner of the utility to provide for removal or relocation of utility facilities. 7.8 Termination Prior to Expiration of Term. This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Contractor, except that where termination is due to the fault of the Contractor, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Contractor reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Contractor may determine. Upon receipt of any notice of H.10.b Packet Pg. 356 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) -21- 01247.0006/634563.2 termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Contractor has initiated termination, the Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Contractor has initiated termination, the Contractor shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2. 7.9 Termination for Default of Contractor. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated. 7.10 Attorneys’ Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. 7.11 Unfair Business Practices Claims. In entering into this Agreement, Contractor 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. § 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 related to this Agreement. This assignment shall be made and become effective at the time the City renders final payment to the Contractor without further acknowledgment of the Parties. ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 8.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or H.10.b Packet Pg. 357 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) -22- 01247.0006/634563.2 any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor’s performance of services under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 8.3 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class. 8.4 Unauthorized Aliens. Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City. ARTICLE 9. MISCELLANEOUS PROVISIONS 9.1 Notices. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing H.10.b Packet Pg. 358 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) -23- 01247.0006/634563.2 and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Grand Terrace, 22795 Barton Road, Grand Terrace, California 92313, and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. All correspondence relating to this Agreement shall be serialized consecutively. 9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 9.3 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. 9.4 Integration; Amendment. This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. 9.5 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 9.6 Warranty & Representation of Non-Collusion. No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly H.10.b Packet Pg. 359 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) -24- 01247.0006/634563.2 interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Contractor warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Contractor further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Contractor is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect. Contractor’s Authorized Initials _______ 9.7 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE] H.10.b Packet Pg. 360 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) -25- 01247.0006/634563.2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written. CITY: City of Grand Terrace, a municipal corporation _____________________________________ Darcy McNaboe, Mayor ATTEST: _____________________________________ Debra Thomas, City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP ____________________________________ Adrian R. Guerra, City Attorney CONTRACTOR: TSR Construction and Inspection, a California corporation By: ___________________________________ Name: Gabriel Zapirtan Title: President By: ___________________________________ Name: Title: Address: 8264 Avenida Leon Rancho Cucamonga, CA 91730 Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR’S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY. H.10.b Packet Pg. 361 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01247.0006/634563.2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO On __________, 2020 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: _____________________________________ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER _______________________________ TITLE(S) PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER_______________________________ ______________________________________ SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) _____________________________________________ _____________________________________________ ___________________________________ TITLE OR TYPE OF DOCUMENT ___________________________________ NUMBER OF PAGES ___________________________________ DATE OF DOCUMENT ___________________________________ SIGNER(S) OTHER THAN NAMED ABOVE A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. H.10.b Packet Pg. 362 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01247.0006/634563.2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO On __________, 2020 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: _____________________________________ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER _______________________________ TITLE(S) PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER_______________________________ ______________________________________ SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) _____________________________________________ _____________________________________________ ___________________________________ TITLE OR TYPE OF DOCUMENT ___________________________________ NUMBER OF PAGES ___________________________________ DATE OF DOCUMENT ___________________________________ SIGNER(S) OTHER THAN NAMED ABOVE A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. H.10.b Packet Pg. 363 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01247.0006/634563.2 A-1 EXHIBIT “A” SCOPE OF WORK I. Contractor shall perform all of the work and comply with all of the specifications and requirements in the “General Provisions” and “Special Provisions” included in the bid documents for the project entitled the “ Mt. Vernon Corridor Intersection Improvement Project” including any documents, addenda, or exhibits referenced therein. Such bid documents shall include, but not be limited to, the bid specifications and documents contained in Exhibit “B.” II. Brief description of the work to be performed: i. TRAFFIC CONTROL ii. SAWCUT FOR ASPHALT/ CONCRETE iii. REMOVE SIDEWALK, AND RECONSTRUCT CURB RETURN WITH CALTRANS RAMP CASE "A" iv. REMOVE SIDEWALK, AND RECONSTRUCT CURB RETURN WITH CALTRANS RAMP CASE "C" v. SAWCUT AND REMOVE PAVEMENT, RECONSTRUCT FULL DEPTH ASPHALT THIKNESS 12" vi. SAWCUT AND REMOVE 1' WIDE STRIP AC, RECONSTRUCT FULL DEPTH ASPHALT THIKNESS 12" vii. 4" THICK PCC SIDEWALK OVER 6" CMB viii. REPLACE PULLBOX ix. INSTALL CALTRANS HIGHER VISIBILITY CROSS WALK (LADDER TYPE)) x. INSTALL OVERSIZE STOP SIGN xi. INSTALL FLASHING STOP SIGN xii. REMOVE EXISTING STRIPING xiii. INSTALL NEW STRIPING AND WORD MARKING xiv. REMOVE EXISTING FLASHING WARNING LIGHTS xv. INSTALL DETECTABLE WARNING SURFACE xvi. INSTALL SOLAR STREET LIGHT H.10.b Packet Pg. 364 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01247.0006/634563.2 A-2 xvii. INSTALL SOLAR RADAR SPEED FEEDBACK xviii. REMOVE EXISTING STOP SIGNS xix. INSTALL SOLAR RADAR SPEED FEEDBACK (Additive Item) III. In addition to the requirements of Section 6.2, during performance of the work, Contractor will keep the City apprised of the status of performance by delivering status reports as may be required by the City from time to time. IV. All work is subject to review and acceptance by the City, and must be revised by the Contractor without additional charge to the City until found satisfactory and accepted by City. V. Contractor shall provide safe and continuous passage for pedestrian and vehicular traffic in accordance with the Work Area Traffic Control Handbook (WATCH), latest edition. H.10.b Packet Pg. 365 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01247.0006/634563.2 A-3 EXHIBIT “B” SPECIAL REQUIREMENTS (Superseding Contract Boilerplate) BID SPECIFICATIONS AND DOCUMENTS GENERAL PROVISIONS SECTION 1 - DEFINITIONS AND ABBREVIATIONS 1.1 CITY The word "City" shall mean the City of Grand Terrace named in the Contract Documents. 1.2 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. 1.3 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. 1.4 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. H.10.b Packet Pg. 366 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01247.0006/634563.2 A-4 1.5 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. 1.6 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, 2015 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. 1.7 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. 1.8 COUNCIL The City Council of the City of Grand Terrace. 1.9 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 conformation or increase its strength. 1.12 ROADBED That portion of the street included between the outside lines of curbs or paving. H.10.b Packet Pg. 367 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01247.0006/634563.2 A-5 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. SECTION 2 - SPECIFICATIONS, DRAWINGS AND RELATED DATA 2.1 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. 2.2 SPECIFICATIONS AND DRAWINGS COMPLEMENTARY The Specifications and Drawings are complementary to each other. 2.3 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. 2.4 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. 2.5 SHOP DRAWINGS (a) Wherever called for in these Specifications or on the Drawings, or where required H.10.b Packet Pg. 368 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01247.0006/634563.2 A-6 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 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 City 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 City or said drawings is delayed beyond a reasonable period of time and unless the Contractor can establish that the City's delay in review actually resulted in a delay in the Contractor's construction schedule). The review of said drawings by the City 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 H.10.b Packet Pg. 369 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01247.0006/634563.2 A-7 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. 2.6 REFERENCE TO STANDARDS OR PUBLICATIONS 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. 2.7 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. 2.8 SPECIFICATION AND DRAWINGS FURNISHED TO THE CONTRACTOR The City 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. SECTION 3 - ENGINEER-CONTRACTOR RELATIONS 3.1 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. 3.2 RIGHT-OF-WAY (a) Lands or right-of-ways for the work to be constructed under the Contract will be provided by the City 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 H.10.b Packet Pg. 370 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01247.0006/634563.2 A-8 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 City 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, 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. 3.3 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 City 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 City 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 City 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 H.10.b Packet Pg. 371 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01247.0006/634563.2 A-9 immediately notify the Engineer of the existence of same. The City will 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 City as extra work. In such case, the City will also compensate the Contractor for equipment on the project necessarily idled during and by reason of such work. The City'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 City'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. 3.4 LINES AND GRADES (a) Lines and Grades shall be provided by the City 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. 3.5 LEGAL ADDRESS OF CONTRACTOR 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. 3.6 CONTRACTOR'S SUPERINTENDENCE H.10.b Packet Pg. 372 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01247.0006/634563.2 A-10 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. 3.7 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. 3.8 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, 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. H.10.b Packet Pg. 373 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01247.0006/634563.2 A-11 (c) Except as otherwise provided herein, the cost of inspection will be paid by the City. All inspection fees imposed by agencies other than the City 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 City. 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. 3.9 ASSIGNMENT FORBIDDEN (a) If the Contractor violates the provisions of Subsection 3.10 (a), the Contract may be terminated at the option of the City. In such event, the City shall be relieved of all liability and obligations to the Contractor, and to his assignee or transferee, growing out of such termination. 3.10 SUBCONTRACTS (a) In the City'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 City's interests. The resubletting of the work by a subcontractor shall be subject to the same 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 City's request. Each subcontract shall contain a reference to the Agreement between the City 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 City'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 City 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 City or relieve the Contractor of any liability or obligation under the prime Contract. 3.11 SUSPENSION OF WORK (a) The City 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 City-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 City of written notice to proceed. (b) The Contractor shall have no claim for damages alleged to have been suffered by H.10.b Packet Pg. 374 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01247.0006/634563.2 A-12 reason of any suspension of the work without termination of the Contract, and he shall receive no additional compensation because of any such suspension. 3.12 TERMINATION OF CONTRACT BY OWNER (CONTRACTOR NOT AT FAULT) The City may terminate the Contract upon 10 days written notice to the Contractor, if it is found that reasons beyond the control of either the City of Contractor make it impossible or against the City's interests to complete the work. In such a case, the Contractor shall have no claims against the City 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 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. 3.13 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. 3.14 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 City, 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 City within this time period; or (2) the City 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 H.10.b Packet Pg. 375 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01247.0006/634563.2 A-13 Contractor shall have no claim against the City 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 City, the City 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 City, in accordance with the Standard Specifications and the Special Conditions. A "Notice to Proceed" will be issued by the City, the date of which shall commence the Contract time. The allotted time for this project is identified within the Term of the Contract. SECTION 4 - MATERIALS AND WORKMANSHIP 4.1 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. 4.2 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. 4.3 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. 4.4 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 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. 4.5 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 H.10.b Packet Pg. 376 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01247.0006/634563.2 A-14 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. 4.6 SOUND CONTROL REQUIREMENTS 4.7 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. 4.8 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. 4.9 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 consent of the Engineer. Such discharge shall not be the basis of any claim for damages against the City or any of his agents. H.10.b Packet Pg. 377 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01247.0006/634563.2 A-15 SECTION 5 - PROGRESS AND PAYMENT 5.1 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. 5.2 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 (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. H.10.b Packet Pg. 378 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01247.0006/634563.2 A-16 (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. 5.3 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. H.10.b Packet Pg. 379 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01247.0006/634563.2 A-17 5.4 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. 5.5 LIQUIDATED DAMAGES 5.6 5.7 The Contractor shall pay to the City the amount of two hundred and fifty dollars ($250) 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. 5.8 5.9 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. 5.10 5.11 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. 5.12 PROGRESS SCHEDULES 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. 5.13 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 H.10.b Packet Pg. 380 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01247.0006/634563.2 A-18 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. (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. 5.14 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, H.10.b Packet Pg. 381 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01247.0006/634563.2 A-19 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 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). 5.15 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. H.10.b Packet Pg. 382 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01247.0006/634563.2 A-20 SECTION 6 - BONDS, INSURANCE, LEGAL RESPONSIBILITY, AND PUBLIC SAFETY 6.1 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. 6.2 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. 6.3 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. 6.4 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. 6.5 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 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. H.10.b Packet Pg. 383 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01247.0006/634563.2 A-21 6.6 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. (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, H.10.b Packet Pg. 384 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01247.0006/634563.2 A-22 aggregate operations, aggregate protective and aggregate contractual with the following minimum limits: Bodily injury (including death) $2,000,000 each occurrence person, $4,000,000 in the aggregate Property Damage $2,000,000 each occurrence, $4,000,000 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." 6.7 NO PERSONAL LIABILITY 6.8 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. 6.9 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. 6.10 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 H.10.b Packet Pg. 385 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01247.0006/634563.2 A-23 has obtained the necessary permits. The Contractor shall obtain and pay for all permits and H.10.b Packet Pg. 386 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01247.0006/634563.2 A-24 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. 6.11 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. 6.12 PATENTS AND COPYRIGHTS In addition to any other obligation to indemnify, defend, and hold harmless the City, 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 following telephone numbers are listed. Fire Department comply with the other provisions of this section, the 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 H.10.b Packet Pg. 387 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01247.0006/634563.2 A-25 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. SECTION 7 - STATE OF CALIFORNIA REQUIREMENTS 7.1 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. 7.2 PAYROLL RECORDS Contractor shall provide the City with certified copies of payroll records upon demand, and within 24 hours of such demand. 7.3 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. H.10.b Packet Pg. 388 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01247.0006/634563.2 A-26 7.4 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. 7.5 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. 7.6 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. 7.7 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. 7.8 CONCRETE FORMS, FALSEWORK AND SHORING The Contractor shall comply fully with the requirements of Section 1717 of the 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 H.10.b Packet Pg. 389 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01247.0006/634563.2 A-27 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. H.10.b Packet Pg. 390 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01247.0006/634563.2 A-28 SPECIAL PROVISIONS The following provisions of the Green Book are modified as follows: SECTION 2 – SCOPE AND CONTROL OF THE WORK 2-6 WORK TO BE DONE. Add the following: 2-6.1 Scope of Work. The Work generally consists of the rehabilitation of asphalt concrete pavement, cold milling, pulverizing existing pavement section to form pulverized miscellaneous base, placement of rubberized hot mix asphalt (dense-graded), repair and construction of concrete curb, gutter, access ramps, striping, traffic control and all other incidental work as specified in the Specifications and these Special Provisions, and as directed by the Engineer. Upon approval of the Additive Bid Schedule items, Work will also generally consist of furnishing all labor, materials, tools, equipment, and incidentals necessary to remove (by grinding) existing thermoplastic and painted striping, pavement markings and legends; remove raised pavement markers; apply bituminous pavement crack sealant; apply slurry seal in areas indicated; install new striping, pavement markings, legends and raised pavement markers as specified in the Specifications and these Special Provisions, and as directed by the Engineer. The Work also includes sweeping before and after slurry seal applications; removing of grease spots (by grinding); all necessary traffic control; preparing and updating construction schedules; posting signs for “NO PARKING” and arranging for towing of cars, if necessary; protecting all utility covers in place; and installing temporary pavement markers. The Contractor shall be responsible for cleaning, sweeping and removing all loose rock from surfaces, parking areas, gutters, sidewalks, driveways and parkways after all Work, as specified in the Specifications and these Special Provisions, and as directed by the Engineer. 2-9 SURVEYING. 2-9.1 Permanent Survey Markers. Replace the entire Subsection 2-9.1 with the following: The Contractor shall not disturb survey monuments, lot stakes (tagged), centerline ties, or benchmarks without notifying the Engineer. The Contractor shall be responsible to have a CA Registered Land Surveyor document all surveying monuments, lot stakes (tagged), centerline ties, and bench marks that may be disturbed during construction. In the event that identification numbers on survey monuments are illegible, it shall be the responsibility of the Contractor to obtain all information necessary to restore the monuments in their correct location. The Contractor or its Surveyor shall file a Corner Record Form at the San Bernardino County Surveyor referencing survey monuments subject to disturbance prior to the start of construction and also prior to the completion of construction, including a location for reestablishment of disturbed monuments. Copies of the records shall be provided to the City. Final payment will not be made until the aforementioned documentation is provided to the CITY. H.10.b Packet Pg. 391 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01247.0006/634563.2 A-29 All surveying shall be performed by a CA Registered Licensed Land Surveyor or a Registered Civil Engineer authorized to practice land surveying within the state. All monuments and centerline ties shall be tied out and reset in accordance with Section 8771 (Land Surveyors Act) of the Business and Professions Code of the State of California. SECTION 7 – RESPONSIBILITIES OF THE CONTRACTOR 7-8.6.3 Storm Water Pollution Prevention Plan (SWPPP). Replace the entire subsection with the following: Construction activities covered by the General Permit require submittal by the Contractor of a Storm Water Pollution Prevention Plan (SWPPP) prior to the start of any clearing, demolition, grading or excavation. A Storm Water Pollution Prevention Plan (SWPPP) shall be defined as a report that includes site map(s), identification of construction and contractor activities that could pollute storm water, and a description of measures and practices to control the potential pollutants. The preparation and implementation of the SWPPP is intended to ensure that the Contractor will make every reasonable effort to prevent the pollution of water resources during the period of construction. The size and nature of this Contract place it under the regulations of the National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharge Associated with Construction Activity. In the State of California, these regulations are adopted by the State Water Resources Control Board. These regulations require a SWPPP for any work where clearing, grading, and excavation result in a land disturbance of one or more acres. As a result, the Contractor shall prepare, submit to the CITY for review and approval, and implement a SWPPP for this Contract in compliance with these regulations. SECTION 9 – MEASUREMENT AND PAYMENT 9-3.4 Mobilization. Replace the entire subsection with the following: Mobilization shall include site review; obtaining all permits, insurance, and bonds; moving onto the site all equipment; furnishing and erecting temporary buildings, and other construction facilities, and removal of same at completion of the Work; and other work, all as required for the proper performance and completion of the Work. Mobilization shall include, but not be limited to, the following items: (a) Submittal and modification, as required, of the Construction Schedule. (b) Moving on to the site of all Contractor's equipment required for the work (c) Providing on-site sanitary facilities and portable water facilities, as required. (d) Submittal of all required insurance certificates and bonds, including subcontractors. (e) Obtaining all required permits. (f) Having the Contractor’s Superintendent present at the job site full time. H.10.b Packet Pg. 392 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01247.0006/634563.2 A-30 (g) Developing construction water supply. (h) Arranging for and erection of Contractor's work and staging area. (i) Removal (including all spray-painted markings on any surface), cleanup, and restoration. (j) Demobilization H.10.b Packet Pg. 393 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01247.0006/634563.2 A-31 PART 2 CONSTRUCTION MATERIALS SECTION 200 - ROCK MATERIALS 200-2 UNTREATED BASE MATERIALS 200-2.1 General Replace the entire subsection with the following: Untreated base for pavement, curb, gutter, cross gutters, sidewalks, hardscape and other improvements shall be Pulverized Miscellaneous Base conforming to Greenbook 200- 2.8. 200-2.8 PULVERIZED MISCELLANEOUS BASE 200-2.8.2 Testing Add the following: If testing requires, stabilizing agents shall be added to the pulverized miscellaneous base as approved by the Engineer. SECTION 203 – BITUMINOUS MATERIALS 203-5 SLURRY SEAL 203-5.1 General. Replace the first sentence with the following: Slurry seal shall be quick-set Type II emulsion-aggregate slurry (EAS), with the addition of 2.5% latex, OR APPROVED EQUAL and is herein referred to as “Slurry.” 203-11 Asphalt Rubber Hot Mix (ARHM) Replace the entire subsection with the following: RUBBERIZED HOT MIX ASPHALT-DENSE GRADED SPECIFICATIONS 1. General 1.1. Scope This work consists of constructing a Rubberized Dense Grade Asphalt (RHMA-D) overlay on an existing pavement surface. 1.2. Definitions Rubberized Dense Grade Asphalt (RHMA-D): Mixture of rubber modified asphalt binder and dense-graded aggregate mixed in a central mixing plant. Fine aggregate: Aggregate passing the no. 4 sieve. Coarse aggregate: Aggregate retained on the no. 4 sieve. 1.3. Submittals The Contractor shall comply with all Federal, State, and Local environmental laws, rules, regulations, and ordinances including, but not limited to, air quality requirements. H.10.b Packet Pg. 394 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01247.0006/634563.2 A-32 At least 10 days before starting any RHMA-D activities, Contractor shall submit the name of an authorized laboratory to perform Quality Control (QC) testing for RHMA-D. The authorized laboratory must comply with the Caltrans Independent Assurance Program (IAP) or possess current AASHTO Material Reference Laboratory (AMRL) accreditation for all ASTM and AASHTO tests required in Section 2. Contractor shall submit to the Agency a certified volume or weight slip for each delivery of rubber modified binder and RHMA-D. At least 14 days before use, Contractor shall submit: 1. Four each one-quart cans of rubber modified asphalt binder 2. SDS for each hazardous material 3. Rubber modified asphalt binder formulation, including: 3.1. Each source and type of crumb rubber modifier 3.2. Percentage of crumb rubber modifier by total weight of rubber modified asphalt binder 4. Test results 4.1. Certificate of Compliance showing the rubber modified asphalt binder is the required PG grade 4.2. Certificate of Compliance showing each source of crumb rubber modifier is derived from automobile and/or truck tires 4.3. Test results showing the aggregate meets the requirements in Tables 1 and 2 4.4. Test results showing the RHMA-D meets the requirements in Table 3 5. JMF Forms 5.1. Caltrans Contractor Job Mix Formula Proposal form CEM-3511 5.2. Caltrans Contractor Hot Mix Asphalt Design Data form CEM-3512 5.3. Caltrans Hot Mix Asphalt Verification form CEM-3513, if available 5.4. Caltrans Job Mix Formula Renewal form CEM-3514, if available 1.4. Job Mix Formula (JMF) Contractor shall submit the proposed JMF for each type of RHMA-D to be used. The Contractor is required to submit mix design documentation that has been dated within 12 months of submittal. The Contractor shall submit the test results for the RHMA-D showing that the mixture meets all of the requirements as shown in Section 2.6 of these specifications. The JMF must be submitted on the Caltrans Contractor Job Mix Formula Proposal form CEM- 3511along with: 1. Mix design documentation on Caltrans Contractor Hot Mix Asphalt Design Data form CEM-3512. Also report the theoretical maximum specific gravity for the RHMA-D. 2. JMF verification on a Caltrans Hot Mix Asphalt Verification form CEM-3513, if available. 3. JMF renewal on a Caltrans Job Mix Formula Renewal form CEM-3514, if available. The JMF forms do not need to be Caltrans approved, however the Contractor is encouraged to submit Caltrans approved forms if they are available. H.10.b Packet Pg. 395 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01247.0006/634563.2 A-33 All Caltrans JMF forms can be found online at: http://www.dot.ca.gov/hq/construc/forms.htm 1.5. Quality Control Program Contractor shall develop, implement, and maintain a QC program. Contractor shall prepare and maintain QC records, including: 1. Names and qualifications of: 1.1. Samplers 1.2. Testers 1.3 Inspectors 2. Testing laboratories 3. Testing equipment calibrations and certifications 4. Construction inspection reports 5. Sampling and testing records organized by date and type of material 6. Test results with comparison of quality characteristic requirements 7. Test results in relation to action and any suspension limits 8. Records of corrective actions and suspensions Contractor shall notify the Agency within 24 hours of any noncompliance identified by the QC program. 1.6. Quality Control Manager Contractor shall assign a QC manager before the start of the affected work. The QC manager must receive, review, and approve all correspondence, submittals, and reports relating to the QC of materials before they are submitted to the Agency. The QC manager must be the sole individual responsible for: 1. Signing the QC plan 2. Implementing the QC plan 3. Maintaining the QC records The QC manager must be Contractor’s employee or must be hired by a subcontractor providing only QC services. The QC manager must not be employed or compensated by a subcontractor or by any other persons or entities hired by subcontractors who will provide services or material for the project. 1.7. Preconstruction Meeting At least 7 business days before the start of surfacing and pavement operations, the following Contractor personnel shall attend a preconstruction meeting with: 1. Project Manager 2. QC manager 3. Project superintendent 4. Project foreman 5. Subcontractors’ foremen H.10.b Packet Pg. 396 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01247.0006/634563.2 A-34 6. RHMA-D supplier Contractor shall be prepared to discuss the project specifications and the processes for producing materials and constructing each item of work, including: 1. Quality assurance 1.1. Quality control 1.2. Agency acceptance 2. Placement of materials: 2.1. Training 2.2. Checklists 2.3. Test strips (if required) 3. Contingency plan 4. Issues specific to the project, including: 4.1. Weather 4.2. Alignment and geometrics 4.3. Traffic control issues 4.4. Haul distances 4.5. Presence and absence of shaded areas 4.6. Noticing 2. Materials 2.1. Rubber Modified Asphalt Binder Rubber modified asphalt binder shall be MAC15TR that meets the requirements in Section 203-14 of the current Greenbook. 2.2. Aggregate Up to 15% of the aggregate by weight may be replaced with Reclaimed Asphalt Pavement (RAP). Recycled Asphalt Shingles (RAS) are not allowed in RHMA-D. Aggregate for RHMA-D must comply with the gradation requirements shown in Table 1. Table 1: Aggregate Gradation Requirements for RHMA-D Percentage passing by weight Sieve Size 3/8 inch Target value limit Allowable tolerance 1” 100 --- 3/4” 100 --- 1/2” 100 --- 3/8” 95-98 ±5 No. 4 55-75 ±5 No. 8 30-50 ±5 No. 30 15-35 ±5 No. 200 2-9 ±2 H.10.b Packet Pg. 397 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01247.0006/634563.2 A-35 H.10.b Packet Pg. 398 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01247.0006/634563.2 A-36 The aggregate must also comply with the requirements shown in Table 2. Table 2: Aggregate Requirements Quality Characteristics Test Method Requirement Percent of crushed particles AASHTO T 335 95 Coarse aggregate (min, %) One-fractured face Two-fractured faces Fine aggregate (min, %) 90 (Passing No. 4 sieve and retained on No. 8 sieve.) One-fractured face 70 Los Angeles Rattler (max, %) AASHTO T 96 12 Loss at 100 Rev. Loss at 500 Rev. 40 Sand equivalent (min)a AASHTO T 176 47 Flat and elongated particles (max, % by weight at 5:1) ASTM D4791 10 Fine aggregate angularity (min, %)b AASHTO T 304, Method A 45 aReported value must be the average of 3 tests from a single sample. The use of a reading indicator is required as shown in AASHTO T 176, Figure 1. Sections 4.7, “Manual Shaker’” 7.1.2, “Alternate Method No. 2,” and 8.4.3, “Hand Method,” do not apply. Prepare the stock solution as specified in section 4.8.1, “Stock solution with formaldehyde,” except omit the addition of formaldehyde. bThe Agency waives this specification if RHMA-D contains 10 percent or less of nonmanufactured sand by weight of total aggregate unless the JMF fails verification. Manufactured sand is fine aggregate produced by crushing rock or gravel. 2.3. Rubberized Dense Grade Asphalt (RHMA-D) RHMA-D mixture must comply with the requirements shown in Table 3. Table 3: RHMA-D Requirements for Hveem Mix Design Quality characteristic Test method Requirement Air voids content (%) AASHTO T 269 a 4 Voids in mineral aggregate (min, %)b SP-2 Asphalt Mixture Volumetrics 15.5-18.5 Gradation: 3/8-inch 1/2-inch 14.5-17.5 3/4-inch 13.5-16.5 Dust proportion Asphalt Institute MS-2 0.6-1.3 Bulk Specific gravity AASHTO T 275 Method A Report only Theoretical maximum specific gravity AASHTO T 209 Method A a Report only Moisture susceptibility (min, psi, dry strength) AASHTO T 283 100 Moisture susceptibility (min, psi, wet strength) AASHTO T 283b,c 70 Binder content (min, %, by total weight of mix)d Note D below a Calculate the air voids content of each specimen using AASHTO T 275, Method A, to determine bulk specific gravity. Use AASHTO T 209, Method A, to determine theoretical maximum specific gravity. Use a digital manometer and pycnometer when performing AASHTO T 209. H.10.b Packet Pg. 399 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01247.0006/634563.2 A-37 b Test plant-produced RHMA-D. d Freeze thaw required d Once the percent asphalt-rubber binder is determined by the mix design, the production tolerance shall be + 0.5% / -0.4%. The Optimal Binder Content (OBC) shall be determined by California Test 367, except that Step 2 regarding surface flushing shall not be used. OBC shall be determined by using a void content of 4 percent or less. Compaction shall be in accordance with California Test 34, except for the following: 1. Mixing temperature of binder shall be from 300 to 350 degrees F. 2. Mixing temperature of aggregate shall be from 290 to 325 degrees F. 3. Compaction temperature shall be from 275 to 300 degrees F. 3. Quality Control 3.1. Aggregate Test the quality characteristics of aggregates under the test methods and frequencies shown in Table 4. Table 4: Aggregate Testing Frequencies Quality characteristic Test method Frequency Gradation AASHTO T 27 Startup and 1 per 750 tons Sand equivalenta, b AASHTO T 176 Moisture contentc AASHTO T 255 Crushed particles AASHTO T 335 1 per projectd Los Angeles Rattler AASHTO T 96 Flat and elongated particles ASTM D4791 Fine aggregate angularity AASHTO T 304, Method A aReported value must be the average of 3 tests from a single sample bUse of a sand reading indicator is required as shown in AASHTO T 176, Figure 1. Sections 4.7, “Manual Shaker’” 7.1.2, “Alternate Method No. 2,” and 8.4.3, “Hand Method,” do not apply. Prepare the stock solution as specified in section 4.8.1, “Stock solution with formaldehyde,” except omit the addition of formaldehyde. cTest at continuous mixing plants only. For lime-treated aggregate, test aggregate before treatment and test for gradation and moisture content during RHMA-D production. dAt the discretion of the Agency, testing for crushed particles, Los Angeles Rattler, flat and elongated particles, and/or fine aggregate angularity performed during the mix design, mix design verification, or mix design renewal may be used in lieu of testing during the project. 3.2. Rubberized Hot Mix Asphalt-Dense Graded Test the quality characteristics of RHMA-D under the test methods and frequencies shown in Table 5. Table 5: RHMA-D Requirements for Hveem Mix Design H.10.b Packet Pg. 400 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01247.0006/634563.2 A-38 Quality characteristic Test method Frequency Air voids content (%) AASHTO T 269 1 per 2,000 tons but not less than 1 per paving day Asphalt-Rubber Binder Content Note A below RHMA-D moisture content AASHTO T 329 Voids in mineral aggregate (min, %) SP-2 Asphalt Mixture Volumetrics Dust proportion SP-2 Asphalt Mixture Volumetrics Moisture susceptibility AASHTO T 283 1 per 10,000 tons but not less than 1 per project Nuclear gauge densityb ASTM D 2950 3 per 250 tons but not less than 3 per paving day a Once the percent asphalt-rubber binder is determined by the mix design, the production tolerance shall be + 0.5% / -0.4%. bCalibrated to cores using CTM 375 or other means. Laboratory compaction shall be in accordance with California Test 34, except for the following: 1. Compaction temperature shall be from 290 to 300 degrees F. 4. Construction 4.1. Equipment 4.1.1.Placing/Spreading RHMA-D Paving equipment for spreading must be: 1. Self-propelled 2. Mechanical 3. Equipped with a screed or strike-off assembly that can distribute RHMA-D the full width of a traffic lane 4. Equipped with a full-width compacting device 5. Equipped with automatic screed controls and sensing devices that control the thickness, longitudinal grade, and transverse screed slope Install and maintain grade and slope references. The screed must be heated and produce a uniform RHMA-D surface texture without tearing, shoving, or gouging. The paver must not leave marks such as ridges and indentations. All trucks transporting RHMA-D to the jobsite shall be completely covered with tarpaulins, which are fully secured, during transport. In areas inaccessible to spreading and compacting equipment: 1. Spread the RHMA-D by any means to obtain the specified lines, grades, and cross sections 2. Use a pneumatic tamper, plate compactor, or equivalent to achieve thorough compaction. The use of a material transfer vehicle is allowed. The material transfer vehicle must have sufficient capacity to prevent stopping the paver and must be capable of: 1. Either receiving RHMA-D directly from trucks or using a windrow pickup head to load it from a windrow deposited on the roadway surface H.10.b Packet Pg. 401 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01247.0006/634563.2 A-39 2. Remixing the RHMA-D with augers before transferring into the paver’s receiving hopper or feed system 3. Transferring RHMA-D directly into the paver’s receiving hopper or feed system 4.1.2.Compacting RHMA-D Each roller must have a separate operator. Rollers must be self-propelled and reversible. 4.2. Surface Preparation The Contractor shall remove all existing traffic stripes, markings, crosswalks, stop bars, and legends; and raised pavement markers in areas to receive RHMA-D and any adjacent areas as directed by the Agency. Removal shall be done by sand blasting or grinding and disposing of by the Contractor. Grinding or sand blasting operations shall be conducted to keep all removed pavement material from entering the storm drain system. Said removal shall not occur sooner than 2 calendar days prior to the day that the RHMA-D will be placed. Existing pavement striping, markings, or markers which are outside the work area and not to be removed, shall be protected by the Contractor. Any striping, markings, or markers to remain damaged or rendered useless by the Contractor’s operations shall be restored by the Contractor to the Agency’s satisfaction and at the Contractor’s expense. Following herbicide spraying, all vegetation shall be removed from the cracks in the pavement and from all joints between the pavement and concrete gutters by the Contractor. On the day that a street receives RHMA-D material, it shall be swept without the use of water. Pavement must be completely dry prior to placement of RHMA-D. The Contractor shall not begin any activities related to the placement of RHMA-D on any street until the Agency has approved the street cleaning. Apply a tack coat on the existing pavement surface and on the vertical surfaces of any curbs, gutters, and construction joints. Apply the tack coat at a rate shown in the following table, or as otherwise ordered by the Agency: Table 6: Tack Coat Application Rates for RHMA-D RHMA-D over: Minimum residual rates (gal/sq yd) CSS1/CSS1h, SS1,SS1h and QS1h/CQS1h asphaltic emulsion CRS1/CRS2, RS1/RS2 and QS1/CQS1 asphaltic emulsion Asphalt binder and PMRS2/PMCRS2 and PMRS2h/PMCRS2h asphaltic emulsion New HMA (between lifts of new material)a 0.04 0.05 0.04 Existing pavement 0.05 0.07 0.05 Milled surface 0.06 0.08 0.06 a Only if there has been no traffic other than construction vehicles on the surface, the surface has been in place for one day or less, and the surface is clean, unless otherwise approved by the Agency. Otherwise, use the rates for existing pavement. H.10.b Packet Pg. 402 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01247.0006/634563.2 A-40 Notify the Agency if asphaltic emulsion is diluted with water. The weight ratio of added water to asphaltic emulsion must not exceed 1 to 1. Measure added water by weight so long as the Contractor furnishes the Agency with weight slips from the weighmaster. Water may be measured by volume so long as the vehicles allow for accurate determination of its contents and each vehicle has a legible identification mark showing its volumetric capacity at any given time. The application of the tack coat material shall be uniform in appearance and free from ribboning and all other defects. Correct all defective areas of the tack coat where uniform distribution was not achieved prior to placing RHMA-D material over these areas. Placement of RHMA-D material shall not be permitted until the tack coat has broken. In the event that a scheduled street should become wet due to fog, rain, or any other reason, the placement of RHMA-D shall be suspended until the surface has dried completely, as determined by the Agency. 4.3. Spreading RHMA-D Spread and compact RHMA-D at an ambient air temperature of at least 50 degrees F and a surface temperature of at least 55 degrees F. The Contractor may deposit RHMA-D in a windrow and load it in the paver if: 1. Paver is equipped with a hopper that automatically feeds the screed, or if a Materials Transfer Vehicle (MTV) is used. 2. Loading equipment can pick up the windrowed material and deposit it in the paver hopper without damaging base material 3. Activities for depositing, pickup, loading, and paving are continuous 4. RHMA-D temperature in the windrow does not fall below 270 degrees F RHMA-D placed in a windrow on the roadway surface must not extend more than 250 feet in front of the paver. The temperature of the RHMA-D mixture directly behind the paving machine, before any rolling, shall be at least 240 degrees F. Longitudinal joints in the top layer should be offset six inches from the longitudinal joint in the existing surface layer, if that joint is discernable. The direction of the offset should be towards the lane line, if the joint is not along the lane line. If the longitudinal joint in the existing surface is not discernable, the longitudinal joint shall be along the lane line. A vertical longitudinal joint of more than two inches is not allowed at any time between adjacent lanes open to traffic. If placing RHMA-D against the edge of existing pavement, cold mill, saw cut or grind the pavement straight and vertical along the joint and remove extraneous material unless the Agency approves placement against the existing pavement edge. For divided roadways with an RHMA-D lift thickness greater than two inches, Contractor may construct a one-foot wide tapered notched wedge joint as a longitudinal joint between adjacent lanes open to traffic. A vertical notch of 0.75 inch maximum must be placed at the top and bottom of the tapered wedge. The tapered notched wedge must keep its shape while exposed to traffic. Pave the adjacent lane within 1 day. Construct the tapered portion of the tapered notched wedge with an H.10.b Packet Pg. 403 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01247.0006/634563.2 A-41 authorized strike-off device. The strike-off device must provide a uniform slope and must not restrict the main screed of the paver. Contractor may use a device attached to the screed to construct longitudinal joints that will form a tapered notched wedge in a single pass. The tapered notched wedge must be compacted to a minimum of 90 percent of theoretical maximum density. Where a tapered edge is required, use the same type of RHMA-D used for the adjacent lane or shoulder. The edge of roadway where the tapered edge is to be placed must have a solid base, free of debris such as loose material, grass, weeds, or mud. Grade the areas to receive the tapered edge as required. The tapered edge must be placed monolithic with the adjacent lane or shoulder and must be shaped and compacted with a device attached to the paver. The device must be capable of shaping and compacting RHMA-D to the required cross section as shown. Compaction must be accomplished by constraining the RHMA-D to reduce the cross sectional area by 10 to 15 percent. The device must produce a uniform surface texture without tearing, shoving, or gouging and must not leave marks such as ridges and indentations. The device must be capable of transitioning to cross roads, driveways, and obstructions. For the tapered edge, the angle of the slope must not deviate by more than ±5 degrees from the angle shown in the Plans. Measure the angle from the plane of the adjacent finished pavement surface. If paving is done in multiple lifts, the tapered edge must be placed with each lift. Short sections of hand work are allowed to construct tapered edge transitions. If widening existing pavement, construct new pavement structure to match the elevation of the existing pavement's edge before placing RHMA-D over the existing pavement. Unless otherwise approved by the Agency, do not pave the top layer of any of the following until the adjoining through lane's top layer has been paved: 1. Shoulders 2. Tapers 3. Transitions 4. Road connections 5. Driveways 6. Curve widenings 7. Chain control lanes 8. Turnouts 9. Turn pockets If the number of lanes changes, pave each through lane's top layer before paving a tapering lane's top layer. Simultaneous to paving a through lane's top layer, you may pave an adjoining area's top layer, including shoulders. Do not operate spreading equipment on any area's top layer until completing all compaction activities. If shoulders or median borders are shown, pave shoulders and median borders adjacent to the lane before opening a lane to traffic. If shoulder conform tapers are shown, place conform tapers concurrently with the adjacent lane's paving. 4.4. Compacting RHMA-D Rolling must leave the completed surface compacted and smooth without tearing, cracking, or H.10.b Packet Pg. 404 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01247.0006/634563.2 A-42 shoving. If a vibratory roller is used as a finish roller, turn the vibrator off. Do not open new RHMA-D pavement to traffic until its mid-depth temperature is below 160 degrees F. If the surface to be paved is both in sunlight and shade, pavement temperatures are taken in the sun. The Contractor will use any means necessary to compact the RHMA-D material to 92.0 to 97.0 percent of the theoretical maximum specific gravity. The Contractor will submit to the Agency, in writing, the compaction method to be used at least 5 days prior to placing any RHMA-D material. 4.5. Pavement Smoothness The Contractor will produce an RHMA-D pavement where the surface has a uniform appearance and texture, free from any humps or bumps, and free from segregation. The RHMA-D pavement shall be true to grade and cross section. When a 10-foot straightedge is laid on the finished surface parallel to the centerline of the roadway, the finished surface shall not vary from the edge of the straightedge more than 1/8 inch, except at intersections or at changes of grade. Any areas that are not within this tolerance shall be brought to grade immediately following the initial rolling. If the RHMA-D has cooled below the lower limits of the spreading temperatures prescribed in this specification, the surface of the pavement shall be brought to a true grade cross section. The RHMA-D in the area to be repaired shall be removed, by cold milling, to prov ide a minimum laying depth of 1 inch, or 2 times the maximum aggregate size, whichever is greater, of the new pavement at the join line. Repairs shall not be made to the pavement surface by tapering the thickness at the join lines. Whenever compaction of the final surface lift is complete, place all permanent traffic stripes, pavement markings, crosswalks, stop bars, and raised pavement markers as shown in the Plans or project Specifications. Placement of all pavement markings and raised pavement markers shall be completed within 10 calendar days after compaction of the final surface lift. Protect newly placed traffic stripes and pavement markings from traffic and other deleterious activities until the paint is thoroughly dry or the thermoplastic is hard enough to bear traffic. 5. Agency Acceptance The Agency reserves the right to refuse to permit the use of material solely on the basis of a Certificate of Compliance, except for the asphalt modifier and crumb rubber modifier. The contractor shall allow the Agency or their designee access to observe any and all QC testing being performed. The Contractor must inform the Agency or their designee of the time and location that all QC testing will be performed. Contractor shall deliver samples of materials used to the Agency or permit the Agency or their designee access to obtain samples from any stockpiles or facilities used to store or produce materials used in the RHMA-D upon request at any time during construction. Agency reserves the right to have such materials tested by an independent laboratory for compliance with the requirements in Section 2 for acceptance purposes. Contractor must submit CalRecycle Form 739-TRP certifying the use of California tires and the Cal Recycle Reliable Contractor Declaration prior to commencing work. (http://www.calrecycle.ca.gov/Funding/Forms/Tires/CalRecycle739TRP.pdf). The Agency will use the results of the Contractor’s QC test results to determine if the materials used for the RHMA-D meet the quality characteristic requirements that are specified herein. The Agency will accept the completed, in-place RHMA-D if the final product is uniform in appearance, free from all visible defects, bumps, and has met the minimum in-place density specified in Section 4.4 and binder content in section 2.3. Additionally, all traffic stripes and pavement markings must be in place. H.10.b Packet Pg. 405 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01247.0006/634563.2 A-43 6. Payment The payment quantity for RHMA-D is measured based on the combined mixture weight. If recorded batch weights are printed automatically, the bid item for RHMA-D is measured by using the printed batch weights. Contractor shall supply: 1. Time, date, mix number, load number, and truck identification are correlated with a load slip. 2. Each load slip shows the truck’s empty weight and the truck’s total weight including RHMA-D material. 3. Copy of the recorded batch weights is certified by a licensed weighmaster. The payment for tack coat is not included in the payment for RHMA-D. The Agency does not adjust the unit price for an increase or decrease in the tack coat quantity. SECTION 210 – PAINT AND PROTECTIVE COATINGS 210-1 PAINT Add the following subsection: 210-1.6 Paint for Traffic Striping, Pavement Marking, and Curb Marking 210-1.6.1. General. All permanent striping and pavement markings on arterial and collector streets shall be hot applied alkyd thermoplastic in accordance with the provisions of Section 84-2.02 of the Caltrans Standard Specifications. All permanent striping and pavement markings on local (residential) streets shall be alkyd thermoplastic in accordance with the provisions of Section 84-3.02 of the Caltrans Standard Specifications. 210-1.6.2. Thermoplastic Paint, State Specifications. Traffic stripes and pavement markings shall conform to the provisions of Section 84 of the Caltrans Standard Specifications. Contractor shall paint a solid black stripe between all double thermoplastic striping. H.10.b Packet Pg. 406 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01247.0006/634563.2 A-44 PART 3 CONSTRUCTION METHODS SECTION 300 - EARTHWORK 300-1 CLEARING AND GRUBBING 300-1.2 Preservation of Property. Add the following: 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 disruption of service caused by the Contractor’s operations shall be regularly and 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 precipitated by the Contractor’s operations the Contractor shall replace same with 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. 300-1.3.1 General. Replace the entire subsection with the following: Unless otherwise stated on the Plans or Specifications, all material removed from the Work shall become the property of the Contractor and shall be disposed of in a lawful manner. Removals shall include, but not be limited to, 1) All excess excavation material not needed for structural section 2) Debris 3) Miscellaneous items The contractor shall conform to the following requirements: 1) The Contractor shall not start any removal work unless it is prepared to perform reconstruction work within 24 hours of the time removals were begun, unless otherwise approved by the Engineer. 2) The Contractor shall complete forming and pouring of PCC construction within five (5) working days following the removal of existing material at any location. 3) The Contractor shall not remove on-site improvements until it is prepared to construct the adjacent street section and shall promptly restore all such improvements as applicable, upon completion of the adjacent street work. All concrete removed shall be hauled off the Work site no later than the calendar day following the day that the removal is performed. Prior to making removals, the Contractor shall meet with the Engineer to verify the limits of H.10.b Packet Pg. 407 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01247.0006/634563.2 A-45 removals, locations of joins, to establish smooth joins and to ensure proper drainage. The Contractor may make minor changes in the location of joins and the limits of removals, provided a smooth join and proper drainage can be achieved and it has obtained prior written approval from the Engineer. In order to protect the public streets from deterioration due to hauling of materials, the Contractor shall submit, prior to the Pre-Construction Meeting, for approval a proposed route for hauling of materials for disposal. Upon approval, the Contractor shall strictly adhere to that route, unless written permission from the Engineer is obtained to change the route. SECTION 301 - TREATED SOIL, SUBGRADE PREPARATION, AND PLACEMENT OF BASE MATERIALS 301-1 SUBGRADE PREPARATION 301-1.3 Relative Compaction [replace the first paragraph with the following]: The top 150 mm (6 inches) of subgrade material under street structural section and curb and gutter shall be compacted to a relative compaction of 95 percent. The top six inches of subgrade material under alley pavement, driveway, and sidewalks shall be compacted to a relative compaction of 90 percent. SECTION 302 – ROADWAY SURFACING 302-1 COLD MILLING OF EXISTING PAVEMENT 302-1.1 General. Replace with the following: Cold Milling shall include edge milling, header milling and profile milling as necessary to provide the required grades and allow for a smooth pavement profile in preparation for asphalt concrete overlay paving. Milling limits shown on the plans are approximate. The Engineer may direct the Contractor to cold mill in other areas, as necessary for construction. Some adjustment of limits and depths will be necessary to accommodate paving requirements. Care shall be exercised not to damage adjacent concrete including curbs without gutters. Gutters or curbs damaged shall be replaced at the Contractor's expense. Existing asphalt concrete shall be milled at the locations and to the dimensions in these Specifications or as directed by the Engineer. The cold milling making shall have a cutter head at least 30 inches wide and shall be operated so as not to produce fumes or smoke. H.10.b Packet Pg. 408 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01247.0006/634563.2 A-46 The depth, width and shape of the cut shall be as indicated in these Specifications or as directed by the Engineer. The final cut shall result in a uniform surfacing conforming to the typical cross sections. The outside lines of the milled area shall be neat and uniform. The road surfacing to remain in place shall not be damaged in any way. Where transverse joints are milled in the pavement at conform lines, no drop-off shall remain between the existing pavement and the milled area when the pavement is opened to public traffic. If asphalt concrete has not been placed to the public traffic, a temporary asphalt concrete taper shall be constructed. The asphalt concrete shall be placed to the level of the existing pavement and tapered on a slope of 30:1 or flatter to the level of the milled area. Temporary tapers shall remain in place no longer than seven (7) days. Asphalt concrete for tapers shall be commercial quality and may be spread and compacted by any method that will produce a smooth riding surface. Asphalt concrete tapers shall be completely removed, including removing all loose material from the underlying surface, before placing the permanent surfacing. Placement of Asphalt Rubber Hot Mix (ARHM) shall be done within three days after the cold milling operation. 302-4 SLURRY SEAL SURFACING. 302-4.1 General. Add the following: The Contractor shall immediately inform the City of any necessary asphalt patching or repairs, and all other roadway surface preparation work not included in these specifications, but is required in order to achieve the required quality of slurry seal work, at any project location. Prior to Slurry application, the Contractor shall perform the following preparation Work in all project areas, unless otherwise specified: 1) Remove all existing pavement striping, markings, and legends, and raised pavement markers per Section 314, “TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT PARKERS,” in these Special Provisions. 2) Apply crack sealant in accordance to Section 302-14 “BITUMINOUS PAVEMENT CRACK SEALING,” of these Special Provisions. 3) Protect all manhole covers, drain inlet covers, monument covers and all other utility covers from Slurry Seal operations by applying a sheet of plastic, cut to fit or placing a plastic bag over the exposed facilities or other methods approved by the Engineer. All traces of plastic, residual emulsion and Slurry shall be removed from all manhole covers, drain inlet covers, monument covers and all other utility covers as quickly as possible, after the application of Slurry and/or prior to final acceptance of the project. 4) Clean all surfaces that are to be Slurried, including removing all debris, vegetation, and other organic matter, removing any standing water, and sweeping the project area to remove all loose rocks and material. H.10.b Packet Pg. 409 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01247.0006/634563.2 A-47 302-4.11 Measurement and Payment. Delete this subsection and replace with the following: Slurry will be measured by the square foot (SF) for the actual pavement area slurry sealed. Quantities shown in the Bidder’s Proposal are based on estimated measurements of the project areas and are approximations only. Compensation for preparation Work described in this Section will be considered as included in the Contract Unit Price per Street for the items of work involved and no additional compensation will be allowed therefore. No payment shall be made for any area requiring re-application of Slurry due to damage of Slurry, prior to acceptance of Work. 302-5 ASPHALT CONCRETE PAVEMENT. 302-5.4 Tack Coat. Add the following paragraph: A Tack Coat shall be applied between base and finish/surface courses when i) the finish/surface course is not placed immediately after the base course (within 24 hours AND with no traffic using the base course surface); ii) to existing paved surfaces where new asphalt concrete overlaps or abuts existing pavement; and iii) along all edges of concrete gutters and PCC pavement slabs. There shall be no separate payment for Tack Coat. 302-5.8 Manhole (and other structures ). Add the following: Contractor shall be required to remove manholes and utility access covers to below the depth to be removed and restore said covers to finish grade upon completion of paving. Add the following subsection: 302-5.8.1 Payment. Payment shall be per the Contract Unit Price bid per each for adjustment of utility access covers (valves, meters, pull boxes) and manholes to grade. When applied to pull boxes, adjustment shall include the lowering or raising of conduits accordingly, as required per this provision. Add the following subsections: 302-14 BITUMINOUS PAVEMENT CRACK SEALING. 302-14.1 General. Bituminous pavement crack sealing shall consists of furnishing all labor, materials, tools, equipment, and incidentals necessary to complete the Work involved in the application of bituminous pavement crack sealant. All pavement cracks equal to 1/4” in width or greater shall be sealed. 302-14.2 Cleaning. Prior to crack sealing, the Contractor shall be responsible for properly cleaning all pavement cracks to be sealed, to the satisfaction of the Engineer. Cleaning of H.10.b Packet Pg. 410 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01247.0006/634563.2 B-1 pavement cracks shall include, but is not limited to, the application of approved week killer, as specified by the manufacture or Engineer, removal of debris or loose material from cracks, and cleaning of cracks with a hot air lance. 302-14.3 Materials. The crack sealant shall be a mixture of asphalt cement, aromatic rubber extender, oil and a minimum of 20% powdered rubber by weight, combined in such a manner as to produce a material with the following properties: 1) WORKABILITY. The material shall pour readily and penetrate large cracks at temperatures below 400 degrees Fahrenheit. 2) CURING. The product shall contain no water or volatile solvents and shall cure immediately upon cooling to a sufficient viscosity to prevent tracking by traffic. 3) LABORATORY EVALUATION. When the sample of the product has been heated at 350 degrees Fahrenheit for two hours, it shall pass the following tests: • Softening Point (R & B): 135 degrees Fahrenheit Min. (ASTM D312) • Flexibility: A 1/8" thick specimen of the product conditioned to 10 degrees Fahrenheit shall be capable of being bent to a 90-degree angle over 1" mandrel without cracking. • The sealer shall be forced into the crack by use of a squeegee. SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS, AND DRIVEWAYS 303-5.5. Finishing 303-5.5.5. Alley Intersections, Access Ramps, and Driveways. Add the following: Unless otherwise approved by the Engineer, the entire affected curb and gutter portion shall be removed by sawcutting the adjacent AC pavement one (1) foot from the edge of the PCC gutter. Where applicable, the contractor shall reconstruct this one (1) foot wide section with a 3-inch thick section of AC pavement (C2-PG-64-10) on a 4-inch thick section of 1-sack cement and sand slurry mix on an 8-inch thick section of untreated Base. If the affected curb and gutter is located in a spandrel, the spandrel shall be sawcut six inches (6”) minimum from the flow line of the gutter and the spandrel reconstructed to match the existing spandrel portion to remain and be on 8 inches of untreated Base. No extra payment will be allowed for the PCC spandrel construction. PCC Access Ramps shall be constructed at locations shown on the Plans and per the 2015 Caltrans Standard Plan A88A, included in Appendix IV. PCC Access Ramps shall not be poured monolithically with concrete curb. Access ramps constructed in existing curb returns may obliterate survey tie points. The Contractor shall give a minimum of three (3) work days advance notice of each location to H.10.b Packet Pg. 411 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01247.0006/634563.2 B-2 the Engineer prior to removals so the CITY may reestablish the existing survey tie points. Detectable Warning Surface. Access ramps shall have a single piece prefabricated detectable warning surface with dimensions of 36-inches (perpendicular to curb) by 48-inches wide (along curb) installed in accordance with the 2015 Caltrans Standard Plan A88A and comply with the requirements of the Americans with Disabilities Act (ADA). Detectable warnings shall consist of raised truncated domes with a base diameter of nominal 0.9 inches, a top diameter of nominal 0.45 inches, a height of nominal 0.20 inches and a center-to-center spacing of nominal 2.35 in (60 mm). The edge of the detectable warning surface nearest the street shall be between 6” and 8” from the gutter flowline. The detectable warning surface shall be a Cast-In-Place Replaceable Tactile Warning Surface Tile. The color of the detectable warning surface shall be Dark Gray (Federal Color No. 36118) or as approved by the Engineer prior to installation. The detectable warning surface shall be installed in accordance with the manufacturer’s recommendations and instructions. The manufacturer shall provide a minimum 5-year warranty, guaranteeing replacement when there is a defect in the dome shape, color fastness, sound-on-cane acoustic quality, resilience or attachment. The warranty period shall begin on the date of acceptance of the Contract. 303-5.7 Repairs and Replacements [Add to Subsection 303-5.7, “Repairs and Replacements,” of the Standard Specifications, the following:] In order to minimize vandalism damage to the finished PCC surfaces, the Contractor shall plan his work so that no PCC is poured after 1:00 p.m., unless otherwise authorized by the Engineer in the field. The Contractor shall barricade and protect placed Portland Cement Concrete from all damages, marks, mars, and/or graffiti. Any Portland Cement Concrete damaged, defaced, discolored, or defective shall be replaced to the satisfaction of the Engineer at the Contractor's expense, and no additional time will be allowed. Grading, patching, or other remedies to correct the situation will not be accepted unless in the opinion of the Engineer the vandalized area is so small that it does not warrant replacement. Concrete replacement areas shall be from score mark or control joint to score mark or control joint, and full width of the sidewalk. All replacement areas shall be saw cut. SECTION 601 – WORK AREA TRAFFIC CONTROL 601-1 General. Replace entire subsection as follows: Work area traffic control shall comply with California Manual on Uniform Traffic Control Devices (MUTCD) Standards. H.10.b Packet Pg. 412 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01247.0006/634563.2 B-3 H.10.b Packet Pg. 413 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01247.0006/634563.2 B-4 H.10.b Packet Pg. 414 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01247.0006/634563.2 B-5 H.10.b Packet Pg. 415 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01247.0006/634563.2 B-6 H.10.b Packet Pg. 416 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01247.0006/634563.2 B-7 H.10.b Packet Pg. 417 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01247.0006/634563.2 B-8 H.10.b Packet Pg. 418 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01247.0006/634563.2 B-9 H.10.b Packet Pg. 419 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01247.0006/634563.2 B-10 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS I. General II.Nondiscrimination III.Nonsegregated Facilities IV.Davis-Bacon and Related Act Provisions V. Contract Work Hours and Safety Standards ActProvisions VI.Subletting or Assigning the Contract VII.Safety: Accident Prevention VIII.False Statements Concerning Highway Projects IX.Implementation of Clean Air Act and Federal WaterPollution Control Act X. Compliance with Governmentwide Suspension andDebarment Requirements XI.Certification Regarding Use of Contract Funds for Lobbying ATTACHMENTS A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only) I. GENERAL 1.Form FHWA-1273 must be physically incorporated in each construction contract funded under Title 23 (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. Form FHWA-1273 must be included in all Federal-aid design-build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services). The design-builder shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower-tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 2.Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 3.A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for H.10.b Packet Pg. 420 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01247.0006/634563.2 B-11 withholding of progress payments, withholding of final payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA. 4.Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal-aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. The term Federal-aid highway does not include roadways functionally classified as local roads or rural minor collectors. II.NONDISCRIMINATION The provisions of this section related to 23 CFR Part 230 are applicable to all Federal- aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts. In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR 60, 29 CFR 1625-1627, Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60-1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3. Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR 60, and 29 CFR 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), and Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The following provision is adopted from 23 CFR 230, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements. 1.Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under FHWA-1273 -- Revised May 1, 2012 2 The contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. H.10.b Packet Pg. 421 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01247.0006/634563.2 B-12 b. The contractor will accept as its operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre-apprenticeship, and/or on-the-job training." 2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration. H.10.b Packet Pg. 422 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01247.0006/634563.2 B-13 b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions. c. The contractor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a). c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. H.10.b Packet Pg. 423 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01247.0006/634563.2 B-14 d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below: a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment. b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency. 8. Reasonable Accommodation for Applicants / Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established there under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship. 9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations under this contract. H.10.b Packet Pg. 424 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01247.0006/634563.2 B-15 b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations. 10. Assurance Required by 49 CFR 26.13(b): a. The requirements of 49 CFR Part 26 and the State DOT’s U.S. DOT-approved DBE program are incorporated by reference. b. The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the contracting agency deems appropriate. 11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA. a. The records kept by the contractor shall document the following: (1) The number and work hours of minority and non-minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; and (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women; b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project, indicating the number of minority, women, and non-minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July. III. NONSEGREGATED FACILITIES This provision is applicable to all Federal-aid construction contracts and to all related construction subcontracts of $10,000 or more. The contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location, under the contractor's control, where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or H.10.b Packet Pg. 425 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01247.0006/634563.2 B-16 entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single- user restrooms and necessary dressing or sleeping areas to assure privacy between sexes. IV. DAVIS-BACON AND RELATED ACT PROVISIONS This section is applicable to all Federal-aid construction projects exceeding $2,000 and to all related subcontracts and lower-tier subcontracts (regardless of subcontract size). The requirements apply to all projects located within the right-of-way of a roadway that is functionally classified as Federal-aid highway. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. Contracting agencies may elect to apply these requirements to other projects. The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 “Contract provisions and related matters” with minor revisions to conform to the FHWA-1273 format and FHWA program requirements. 1. Minimum wages a. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.d. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph 1.b. of this section) and the Davis-Bacon poster (WH–1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. b. (1) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage H.10.b Packet Pg. 426 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01247.0006/634563.2 B-17 rate and fringe benefits therefore only when the following criteria have been met: (i) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (ii) The classification is utilized in the area by the construction industry; and (iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (2) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30- day period that additional time is necessary. (3) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. The Wage and Hour Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (4) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs 1.b.(2) or 1.b.(3) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. c. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. d. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 2. Withholding The contracting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract, or any other Federal contract with the same prime contractor, or any other federally-assisted H.10.b Packet Pg. 427 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01247.0006/634563.2 B-18 contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the contracting agency may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3. Payrolls and basic records a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis- Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. b. (1) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee ( e.g. , the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH–347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency for transmission to the State DOT, the FHWA or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a H.10.b Packet Pg. 428 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01247.0006/634563.2 B-19 subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the contracting agency.. (2) Each payroll submitted shall be accompanied by a “Statement of Compliance,” signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (i) That the payroll for the payroll period contains the information required to be provided under §5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (3) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH–347 shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraph 3.b.(2) of this section. (4) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. c. The contractor or subcontractor shall make the records required under paragraph 3.a. of this section available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the FHWA may, after written notice to the contractor, the contracting agency or the State DOT, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and trainees a. Apprentices (programs of the USDOL). Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) H.10.b Packet Pg. 429 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01247.0006/634563.2 B-20 to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. b. Trainees (programs of the USDOL). Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment H.10.b Packet Pg. 430 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01247.0006/634563.2 B-21 and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. 7 d. Apprentices and Trainees (programs of the U.S. DOT). Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. 6. Subcontracts. The contractor or subcontractor shall insert Form FHWA-1273 in any subcontracts and also require the subcontractors to include Form FHWA-1273 in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. 7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10. Certification of eligibility. a. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government H.10.b Packet Pg. 431 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01247.0006/634563.2 B-22 contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). c. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The following clauses apply to any Federal- aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. 1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1.) of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1.) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1.) of this section. 3. Withholding for unpaid wages and liquidated damages. The FHWA or the contacting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2.) of this section. 4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1.) through (4.) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1.) through (4.) of this section. H.10.b Packet Pg. 432 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01247.0006/634563.2 B-23 VI. SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to all Federal-aid construction contracts on the National Highway System. 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116). a. The term “perform work with its own organization” refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the following conditions: (1) the prime contractor maintains control over the supervision of the day-to-day activities of the leased employees; (2) the prime contractor remains responsible for the quality of the work of the leased employees; (3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 2. The contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only H.10.b Packet Pg. 433 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01247.0006/634563.2 B-24 after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. 5. The 30% self-performance requirement of paragraph (1) is not applicable to design-build contracts; however, contracting agencies may establish their own self- performance requirements. VII. SAFETY: ACCIDENT PREVENTION This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C.3704). VIII. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal-aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each Federal-aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: 18 U.S.C. 1020 reads as follows: "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the H.10.b Packet Pg. 434 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01247.0006/634563.2 B-25 material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined under this title or imprisoned not more than 5 years or both." IX.IMPLEMENTATION OF CLEAN AIR ACT AND FEDERALWATER POLLUTION CONTROL ACT This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. By submission of this bid/proposal or the execution of this contract, or subcontract, as appropriate, the bidder, proposer, Federal-aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1.That any person who is or will be utilized in the performance of this contract is not prohibited from receiving an award due to a violation of Section 508 of the Clean Water Actor Section 306 of the Clean Air Act. 2.That the contractor agrees to include or cause to be included the requirements of paragraph (1) of this Section X in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. X.CERTIFICATION REGARDING DEBARMENT,SUSPENSION, INELIGIBILITY AND VOLUNTARYEXCLUSION This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more – as defined in 2 CFR Parts 180 and 1200. 1.Instructions for Certification – First Tier Participants: a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an H.10.b Packet Pg. 435 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01247.0006/634563.2 B-26 explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. “First Tier Covered Transactions” refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https://www.epls.gov/), which is compiled by the General Services Administration. i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, H.10.b Packet Pg. 436 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01247.0006/634563.2 B-27 debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. * * * * * 2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – First Tier Participants: a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; (2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification; and (4) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2. Instructions for Certification - Lower Tier Participants: (Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal H.10.b Packet Pg. 437 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01247.0006/634563.2 B-28 is submitted for assistance in obtaining a copy of those regulations. “First Tier Covered Transactions” refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https://www.epls.gov/), which is compiled by the General Services Administration. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. * * * * * Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Participants: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily H.10.b Packet Pg. 438 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01247.0006/634563.2 B-29 excluded from participating in covered transactions by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. * * * * * XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000 (49 CFR 20). 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. 12 ATTACHMENT A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS This provision is applicable to all Federal-aid projects funded under the Appalachian Regional Development Act of 1965. 1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on-site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or H.10.b Packet Pg. 439 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01247.0006/634563.2 B-30 the Appalachian counties of the State wherein the contract work is situated, except: a. To the extent that qualified persons regularly residing in the area are not available. b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (1c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below. 2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service. 3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required. 4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (1c) above. 5. The provisions of 23 CFR 633.207(e) allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region. 6. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on-site work. H.10.b Packet Pg. 440 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01247.0006/634563.2 C-1 EXHIBIT “C” SCHEDULE OF COMPENSATION I. Contractor shall perform all work at the rates on the Bid Sheet submitted as part of Contractor’s Proposal, and listed below: ITEM NO. ITEM DESCRIPTION ESTIMATED QUANTITY UNIT UNIT PRICE ($) TOTAL ($) 1 TRAFFIC CONTROL 1 LS 25,000 25,000 2 SAWCUT FOR ASPHALT/ CONCRETE 160 LF 10 1600 3 REMOVE SIDEWALK, AND RECONSTRUCT CURB RETURN WITH CALTRANS RAMP CASE "A" 3 EA 10000 30000 4 REMOVE SIDEWALK, AND RECONSTRUCT CURB RETURN WITH CALTRANS RAMP CASE "C" 2 EA 7000 14000 5 SAWCUT AND REMOVE PAVEMENT, RECONSTRUCT FULL DEPTH ASPHALT THIKNESS 12" 375 SF 14 5250 6 SAWCUT AND REMOVE 1' WIDE STRIP AC, RECONSTRUCT FULL DEPTH ASPHALT THIKNESS 12" 1 LS 8000 8000 7 4" THICK PCC SIDEWALK OVER 6" CMB 100 SF 10 1000 8 REPLACE PULLBOX 3 EA 500 1500 9 INSTALL CALTRANS HIGHER VISIBILITY CROSS WALK (LADDER TYPE)) 20 EA 1100 22000 10 INSTALL OVERSIZE STOP SIGN 20 EA 500 10000 11 INSTALL FLASHING STOP SIGN 6 EA 5000 30000 12 REMOVE EXISTING STRIPING 1 LS 4000 4000 13 INSTALL NEW STRIPING AND WORD MARKING 1 LS 12500 12500 14 REMOVE EXISTING FLASHING WARNING LIGHTS 1 EA 2000 2000 15 INSTALL DETECTABLE WARNING SURFACE 16 EA 500 8000 H.10.b Packet Pg. 441 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01247.0006/634563.2 C-2 16 INSTALL SOLAR STREET LIGHT 5 EA 11500 57500 17 INSTALL SOLAR RADAR SPEED FEEDBACK 2 EA 7000 14000 18 REMOVE EXISTING STOP SIGNS 20 EA 100 2000 19 INSTALL SOLAR RADAR SPEED FEEDBACK 2 EA 10,000 20,000 Total: $268,350 II. A retention of five percent (5%) shall be held from each payment as a contract retention to be paid as part of the final payment upon satisfactory completion of services. III. Within the budgeted amounts for each item on the Bid Sheet, and with the approval of the Contract Officer, funds may be shifted from one item’s subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Work is approved per Section 1.10. IV. The City will compensate Contractor for the Services performed upon submission of a valid invoice. Each invoice is to include: A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate. B. Line items for all materials and equipment properly charged to the Services. C. Line items for all other approved reimbursable expenses claimed, with supporting documentation. D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services. V. The total compensation for the Services shall not exceed $268,350 as provided in Section 2.1 of this Agreement. H.10.b Packet Pg. 442 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01247.0006/634563.2 EXHIBIT “D” SCHEDULE OF PERFORMANCE I. Contractor shall perform all work timely in accordance with the following schedule: Item No. DESCRIPTION OF ITEMS Days to Perform From NTP A TRAFFIC CONTROL Until completion of Services under this Agreement B SAWCUT FOR ASPHALT/ CONCRETE 5 days C REMOVE SIDEWALK, AND RECONSTRUCT CURB RETURN WITH CALTRANS RAMP CASE "A" 15 days D REMOVE SIDEWALK, AND RECONSTRUCT CURB RETURN WITH CALTRANS RAMP CASE "C" 15 days E SAWCUT AND REMOVE PAVEMENT, RECONSTRUCT FULL DEPTH ASPHALT THIKNESS 12" 7 days F. SAWCUT AND REMOVE 1' WIDE STRIP AC, RECONSTRUCT FULL DEPTH ASPHALT THIKNESS 12" 7 Days G. 4" THICK PCC SIDEWALK OVER 6" CMB 5 days H. REPLACE PULLBOX 15 days I. INSTALL CALTRANS HIGHER VISIBILITY CROSS WALK (LADDER TYPE)) 5 days J. INSTALL OVERSIZE STOP SIGN 7 days K. INSTALL FLASHING STOP SIGN 7 days L. REMOVE EXISTING STRIPING 7 days H.10.b Packet Pg. 443 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) 01247.0006/634563.2 M. INSTALL NEW STRIPING AND WORD MARKING 12 days N. REMOVE EXISTING FLASHING WARNING LIGHTS 5 days O. INSTALL DETECTABLE WARNING SURFACE 7 days P. INSTALL SOLAR STREET LIGHT 25 days Q. INSTALL SOLAR RADAR SPEED FEEDBACK 7 days R. REMOVE EXISTING STOP SIGNS 5 Days S INSTALL SOLAR RADAR SPEED FEEDBACK(Additive Item) 7 Days *For the purposes of this Exhibit “D”, “NTP” stands for “Notice to Proceed.” II. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2. H.10.b Packet Pg. 444 At t a c h m e n t : 5 7 8 1 C o n s t r u c t i o n A g r e e m e n t 1 R [ R e v i s i o n 5 ] ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) EXHIBIT A FEDERAL HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP) GRANT GRAND TERRACE TIMELINE ACTION ITEM DATE COMMENT Award of HSIP Grant November 2016 Obligation of Grant Funds August 2017 Completed by Evan Brooks Associates Approval to Proceed with Preliminary Engineering (PE) January 2018 Execution of Master Agreement and Supplemental Program Agreement by Council Resolution March 2018 City cannot request reimbursement until these documents are executed Request for Quotes for Preliminary Engineering (PE) Services April 2018 Submittal of Exhibit 10-C “Consultant Contract Reviewers Checklist” to Caltrans for required review before award of consultant contract May 2018 Caltrans Issued Acceptance of PE Consultant Evan Brooks Associates 6/4/18 City Council Approval of Preliminary Engineering contract June 2018 Request for Authorization to Proceed with Construction November 2018 Issue Notice Inviting Bids for Construction January 2020 Construction of Mt. Vernon Safety Improvement Project Estimate – April 2020 Complete Construction of Mt. Vernon Safety Improvement Project Estimate – May 2020 Submit Final Invoice and project close out Estimate – July 2020 H.10.c Packet Pg. 445 At t a c h m e n t : E x h i b i t A ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r M t . V e r n o n S a f e t y I m p r o v e m e n t ) AGENDA REPORT MEETING DATE: March 10, 2020 Council Item TITLE: Council "Top Priorities" 2019-20 Fiscal Year Review and Update Log PRESENTED BY: G. Harold Duffey, City Manager RECOMMENDATION: Provide Staff With Direction and or Receive and File Report 2030 VISION STATEMENT: This staff report supports the City Council’s Mission: to preserve and protect our community and its exceptional quality of life through thoughtful planning, within the constraints of fiscally responsible government. BACKGROUND: On June 12, 2019, the City Council established its priorities for Fiscal Year 2019-20. The priorities were broken down into Top, High and Priority. Staff presented the Council with a list of priority items from each Department. Staff ranked its priorities based on Department core services and available resources to accomplish tasks (A core service with a grant might receive a Top priority, versus a desired need with no funding might receive a Priority ranking). For the purposes of this exercise, resources are funds or personnel. Staff priorities were presented at the City Council workshop and Councilmembers were asked to rank projects, using the following criteria: Council scores were combined and items that received three or more Top Priority votes Category # of Points Issued Description Top 10 It is critically important that this project be completed within the designated timeframe (So important that it would be alright if it were the only item accomplished – although there may be several items that qualify). High Priority 7 Very important that this item be completed within the designated timeframe. Priority 5 This item may be accomplished if all “Top” and “High Priority” projects are completed. 2 This item may be accomplished if all “Urgent,” “High Priority,” and “Priority” projects have been completed, and time permits. 0 This item should be removed from the Priorities Work Program. H.11 Packet Pg. 446 became Top Priority projects. DISCUSSION: During the Priority Workshop, the City Council established over 110 Priority projects, of which, over 50 of the projects were ranked as Top Priority projects (Attachment I). In addition, throughout the year, Councilmembers added additional projects, through the Future Agenda Item process (Attachment II). It is important to note that the Priorities are in addition to the day to day operating functions of the Departments. While staff is diligently working to accomplish the Top Priority projects, some projects require significant lead time before they appear before the Council. Often the Council and the public ask about projects and believe no progress is being made. While staff provides Councilmembers with updates in areas in the form of: • Future Agenda Items • Economic Development Project Updates • Crime Statistics. • Monthly Budget Reports • Check Registers and Treasurer Reports • Quarterly Budget Updates It’s equally important for staff to provide Councilmembers with progress reports on Top Priority projects. Attached you will find a Top Priority Update Log (Attachment III); The Top Priority Update Log is similar to the Report Back Log used to update the Council on items requested at Council meetings. The Top Priority Update Log is housed on the City’s Intranet, where it will be updated weekly, a hard copy will be provided to the Council during the second meeting of each month. The Top Priority Update Log is a planning document and should not be distributed to the public, as dates and information are subject to change from week to week; it’s important that decisions are not made on planning documents, but with documents that have been fully vetted through our agenda process. Top Priority Projects will most likely appear before the City Council or Planning Commission sometime during the year of its introduction as a Top Priority Project. Sometimes High Priority Projects are fast tracked because of resources. Staff’s goal in developing this staff report, is to provide the City Council a mechanism to track staff’s progress on Top Priority Projects. In addition, this report will also provide the public a preview of exciting projects coming to the City of Grand Terrace. FISCAL IMPACT: There is no fiscal impact associated with providing staff direction or receiving and filing this report. H.11 Packet Pg. 447 ATTACHMENTS: • Attachment I - 08-06-2019 - Mayor and City Council Re Priority Projects (PDF) • Attachment II - AGENDA ITEMS REQUEST (DOCX) • Attachment III - Council Top Priority Projects - City Manager & Staff(DOCX) APPROVALS: G. Harold Duffey Completed 03/05/2020 7:23 PM City Attorney Completed 03/05/2020 10:30 PM Finance Completed 03/06/2020 9:19 AM City Manager Completed 03/06/2020 8:48 AM City Council Pending 03/10/2020 6:00 PM H.11 Packet Pg. 448 City of Grand Terrace Inter-departmental Memorandum City Manager’s Office ____________________________________________________________________________ DATE: August 6, 2019 TO: Mayor and City Council FROM: G. Harold Duffey, City Manager Cynthia Fortune, Assistant City Manager SUBJECT: PRIORITY PROJECTS FOR 2019-2020 AS APPROVED BY CITY COUNCIL AT ITS SPECIAL MEETING WORKSHOP DATED JUNE 12, 2019 ____________________________________________________________________________ The City Manager’s Office has multiple business lines and while our resources are limited, we continue to allocate our resources to achieve maximum returns in the following areas: • Economic Development • Efficient Services to Citizens • Code Enforcement to Maintain the Community’s Quality of Life • Sustainability of the Organization While the City Manager will be responsible to ensure all departments adhere to priorities as supported by the City Council, the City Manager’s Office will also ensure the alignment of priorities based on its various business lines. The City Manager’s priorities will be based on alignment with the City Manager’s 2030 Vision Implementation Plan Phase II and the annual budget approved by City Council. The four categories of ranking used to prioritize the projects are: 1. Economic Development (40%) 2. Funding and Resources (25%) 3. Approved Council’s Future Agenda Item Requests (20%) 4. Quality of Life (15%). Priority projects are categorized as “A” Top Priority, “B” High Priority and “C” Priority. H.11.a Packet Pg. 449 At t a c h m e n t : A t t a c h m e n t I - 0 8 - 0 6 - 2 0 1 9 - M a y o r a n d C i t y C o u n c i l R e P r i o r i t y P r o j e c t s ( C o u n c i l T o p P r i o r i t i e s F Y 2 0 1 9 - 2 0 R e v i e w a n d U p d a t e L o g ) Memo to Mayor and City Council Page 2 of 4 City Manager Office Priority Projects for 2019-2020 Economic Development CM – Committees & Commissions “A” Top Priority “B” High Priority “C” Priority Return to City Council with Options to Delegate Rec and Youth Commission Return to City Council with Options to Delegate Special Event Support CM – Human Resources “A” Top Priority “B” High Priority “C” Priority Benefits & Recognition Program Annual Events for Employees Annual Evaluation & Merit Increases (Reinstated) Council & City Staff Social Events Employee Appreciation Program Review of Health and Compensation “A” Top Priority “B” High Priority “C” Priority Development of 4.78 Acres on Barton Rd. San Bernardino County Child Care Facility Development on City Center Dr. Gateway Specific Plan Pit Stop Development Cage Park Taco Bell La Crosse Development Rails to Trails Grant to Access Santa Ana River Grocery Outlet Stater Bros. Expansion Walgreens Center Expansion Surgical Center Storm Drainage Michigan Mr. TV Video RDA Lot 0.80 Acre Development Kaz Ramen Coffee Richardson’s RV Hollywood Video Conversion Edwin Fuels Fire Station Agreement TOT Tax Implementation H.11.a Packet Pg. 450 At t a c h m e n t : A t t a c h m e n t I - 0 8 - 0 6 - 2 0 1 9 - M a y o r a n d C i t y C o u n c i l R e P r i o r i t y P r o j e c t s ( C o u n c i l T o p P r i o r i t i e s F Y 2 0 1 9 - 2 0 R e v i e w a n d U p d a t e L o g ) Memo to Mayor and City Council Page 3 of 4 Finance & Senior Center Development “A” Top Priority “B” High Priority “C” Priority Review of Business License Fee Finance Department Staff Re-Organization Housing Agency Programs Review of Cost-Effective Health Benefits Increase in Senior Center Services City Clerk’s Office Priority Projects 2019-2020 “A” Top Priority “B” High Priority “C” Priority FPPC Compliance Scanning Increase Content of Intranet Records Destruction Telephone System Improvements City Clerk’s Department Operations Technology Program – Tablet Use Increase Awareness of Online Public Material Research Use of Facebook Live and Twitter Increase Participation in City Council Meeting Invocations City Adopted Budgets and Agenda Packets Placed in Library Lighting in City Council Chamber Develop Community Posting Board City Hall Information Kiosks Manage City Neighborhood Recognition Programs City Council Chamber Reception Area Upgrade Manage Annual Acknowledgment Program City Council Agenda Modifications Public Works Priority Projects 2019-2020 “A” Top Priority “B” High Priority “C” Priority Highway Safety Improvement Program – Mt. Vernon Intersections Highway Safety Improvement Program Cycle 9 Guardrail Park Enhancements Fitness Park Canopy Small Cell Site Infrastructure Plan Preston Signal Upgrade Parking City Wide Strategy Commerce Way Expansion Utility Pole Undergrounding Master Plan Mt. Vernon Slope Stabilization West Barton Bridge Replacement H.11.a Packet Pg. 451 At t a c h m e n t : A t t a c h m e n t I - 0 8 - 0 6 - 2 0 1 9 - M a y o r a n d C i t y C o u n c i l R e P r i o r i t y P r o j e c t s ( C o u n c i l T o p P r i o r i t i e s F Y 2 0 1 9 - 2 0 R e v i e w a n d U p d a t e L o g ) Memo to Mayor and City Council Page 4 of 4 EV Charging Station Support for Community Events Year 3 CIP Fee Study Barton Interchange Maintenance Agreement Barton Speed Feedback Development Plans Fire Station Roof Repair Public Works Maintenance Priority Projects 2019-2020 “A” Top Priority “B” High Priority “C” Priority Traffic Signal/Street Light Storm Drain/Channel Street, Sidewalk, Curb, Parkway City Facilities Parks City Neighborhood Lighting Plan Street Sign Replacement Program Planning & Development Services Priority Projects 2019-2020 “A” Top Priority “B” High Priority “C” Priority 4.78 Acres – PSA, Entitlements Housing Authority Report Grant ATP – Close Out Amend Master Plan Zoning Around Schools Sign Code Edwin Fuels Noticing Policy Van Buren – Aegis Gateway SP Barton Road Streetscape Crestwood Anita – Grocery Outlet Sign Michigan Street – Complete Street Grant Prop 68 B&S RFP Taco Bell Housing Element RFP Mr. TV Video Parking Program Canal – Aegis Project in 40-Acre Greenbelt Grand Terrace Road – Aegis Blue Mountain Trail Grant Safety Element Update Animal Control Ordinance Update Housing Element Update Parking Citation Appeals CUP in 40-Acre Greenbelt La Cadena SFR REC Center National Logistics Surgical Center H.11.a Packet Pg. 452 At t a c h m e n t : A t t a c h m e n t I - 0 8 - 0 6 - 2 0 1 9 - M a y o r a n d C i t y C o u n c i l R e P r i o r i t y P r o j e c t s ( C o u n c i l T o p P r i o r i t i e s F Y 2 0 1 9 - 2 0 R e v i e w a n d U p d a t e L o g ) **ITEMS HIGHLIGHTED IN YELLOW HAVE BEEN COMPLETED FUTURE AGENDA ITEMS REQUESTS ACTIVITY BEGINNING FEBRUARY 2019 1. Priorities Workshop 2. Establish Youth Council of Youth City Council Week 3. Charging San Bernardino County Fire Rent for the COGT Fire Station 4. Council to Review the Policy for Notification of Projects and Issues of Importance to Residents and Consider a Policy that is Beyond the Minimum that State Law Requires 5. Parking Enforcement on DeBerry Street from Mount Vernon to Mirado 6. Work with the City of Colton to Prohibit Vehicles over 5 Tons Traveling on the Mount Vernon Slope 7. Review Current Budget to Identify Funding for Overtime to Secure Extra Sheriff’s Patrol in the City of Grand Terrace 8. Wireless Telecommunications Facilities to Install lights on poles if they install new poles for its wireless facilities 9. Long Term Energy Efficiency Goals 10. Evaluation of Zoning Near School Properties 11. Create Master Plan for Long Term Underground Utilities 12. Request Survey and Cost Estimate for installation of Street Lights on Existing Power Poles 13. Cost Effectiveness of Paperless Agendas Versus Printed Agenda Packets 14. Storm Drain Master Plan 15. Grant Request through Assemblymember Reyes Office for ALPR Cameras and Neighborhood Watch Signs 16. Model Resolutions Supporting Balanced Energy Solutions and Maintaining Local Control of Energy Solutions 17. Stop the Bleed 18. Cannabis Related Activities and Licensing in the City 19. Ordinance Prohibiting the Sale of E-Cigarettes and Flavored Tobacco Products 20. Review of the City’s Unfunded Pension Liability 21. Review of the City’s Current Reserves Policy 22. Discussion on Need for Greater Speed Reduction and Control in the City 23. Request to Discuss Planning Commission Need to Review the City’s General Plan and Direct Staff to Prepare Schedule 24. Request to Revise the City’s Municipal Code to Authorize the City Council to Appoint the Planning Commission Chair H.11.b Packet Pg. 453 At t a c h m e n t : A t t a c h m e n t I I - A G E N D A I T E M S R E Q U E S T ( C o u n c i l T o p P r i o r i t i e s F Y 2 0 1 9 - 2 0 R e v i e w a n d U p d a t e L o g ) CITY OF GRAND TERRACE CITY COUNCIL/S.A. MEETINGS PRIORITY A PROJECT UPDATE LOG – 03/02/2020 Date of Request Priority “A” Projects Discussion Staff Assigned Staff Comments ECONOMIC DEVELOPMENT 06/12/19 Development of 4.78 Acres on Barton Rd. City Council approved Purchase and Sales agreement with the Greens Group to develop mixed use project on site currently owned by the City’s General Fund. H. Duffey 3/10/2020 – The project is currently in escrow and will close May 1, 2020 after Greens Group completes their due diligence. Greens Group has weekly telephone meetings with staff to talk about expectations of the project and to gather material for submission of entitlements. On November 15, 2019 the City Council approved three concepts which include - Hotel, sit down and drive through restaurant pads, retail and fuel. Complex also included an apartment development. 06/12/19 Gateway Specific Plan H. Duffey 06/12/19 Taco Bell Taco Bell project is located on the North/East corner of Vivienda and Barton Rd. the property owner also owns former RDA lot in the same general vicinity and hopes to acquire an easement to allow flow from Taco Bell to future developments. H. Duffey Taco Bell received Planning Commission approval at the end of calendar year 2019. They have submitted their precise grading and street improvement plans and the City anticipates issuing a building permit in mid-March 2020. We expect to see grading and the demolition of the existing structure before the end of March. 06/12/19 Grocery Outlet City of Grand Terrace worked with property owner of retail center to locate anchor tenant since 2015. The City hired HDL to seek out a number of businesses to utilize the 25,000 Sq. Ft. space. Grocery Outlet eventually signed lease. H. Duffey Grocery Outlet had their Grand Opening on February 20, 2020. The store has also applied for the City’s sign loan program. The City Council committed $100,000 in RDA Bond proceeds for the program. In addition, Grocery Outlet is working with City staff to finish off their signage for the store. They would like to maintain their corporate theme and Staff is working with them to complete their desired signage on buildings. Not for Public Distribution H.11.c Packet Pg. 454 At t a c h m e n t : A t t a c h m e n t I I I - C o u n c i l T o p P r i o r i t y P r o j e c t s - C i t y M a n a g e r & S t a f f ( C o u n c i l T o p P r i o r i t i e s CITY OF GRAND TERRACE CITY COUNCIL/S.A. MEETINGS PRIORITY A PROJECT UPDATE LOG – 03/02/2020 Date of Request Priority “A” Projects Discussion Staff Assigned Staff Comments 06/12/19 Surgical Center Surgical Center is a rehab and expansion of an existing structure at 22809 Barton Rd. H. Duffey The Facility has received its entitlements and is currently in the building review process. City reviewed plans and returned to applicant. City is currently waiting for second submittal of plans. City anticipates construction of the project to start no later than June 2020. 06/12/19 Mr. TV Video This project deals with older retail centers that may not have adequate parking to accommodate the demands of new and emerging businesses. The City’s goal is to find a way to mitigate existing requirements for holder lots that may not meet today’s parking standards H. Duffey Staff will be reviewing how other communities handle under parked retail centers. Staff is examining the possibility of creating parking district to allow under parked properties in prime locations to utilize the parking from nearby retailers to meet their parking demands. The program would allow under parked facilities to mitigate their parking issues by incentivizing other businesses or the City establishing regional parking areas for all businesses within a general area. 06/12/19 Kaz Ramen Coffee (Kamora’s) This project was borne from the owner of Kaz Ramen dealing with customers spilling into the parking lot on a daily basis as they wait to be seated at Kaz Ramen. The owner wanted to have a lounge where customers waiting for Ramen would hang out. H. Duffey Kamora’s has turned into a Japanese style restaurant with floor/cushion seating. The project is currently going through ADA design with their Architect to ensure the project is ADA compliant. We are unsure when this project will come before City Staff for review. 06/12/19 Hollywood Video Conversion During the City’s priority workshop, the owner of Hollywood Video was in process of selling the building to an existing business within the community, the transaction has since ended. H. Duffey The building is approximately 4,000 Sq. Ft. and the owner has decided not to sell but to lease to multiple tenants. The property now has a new anchor, Grocery Outlet and the owner of the building is optimistic about the ability to lease to a new retailer in the near future. Not for Public Distribution H.11.c Packet Pg. 455 At t a c h m e n t : A t t a c h m e n t I I I - C o u n c i l T o p P r i o r i t y P r o j e c t s - C i t y M a n a g e r & S t a f f ( C o u n c i l T o p P r i o r i t i e s CITY OF GRAND TERRACE CITY COUNCIL/S.A. MEETINGS PRIORITY A PROJECT UPDATE LOG – 03/02/2020 Date of Request Priority “A” Projects Discussion Staff Assigned Staff Comments 06/12/19 Edwin Fuels Edwin Fuels converts plastic to energy and is an innovative and state of the art project that will produce good paying jobs and significant tax revenue for the City of Grand Terrace H. Duffey The parent company of Edwin Fuels is California Recycling. They plan to build an 80,000 Sq. Ft. building on the west end of Barton Rd. Edwin Fuels has already invested a significant amount of money into the community with the purchase of the property. They have also paid deposits for the City’s environmental consultant to review the project and prep the application for submittal for the entitlement process. 06/12/19 Fire Station Agreement The City of Grand Terrace owns Fire Station No. 23 that houses San Bernardino County Fire. The current contract calls for County Fire to pay the City $1 for rent and the City is required to make all major repairs to the Facility. Council requested staff renegotiate the lease to allow the City to monetize the asset and ensure revenue was generated to properly maintain the facility. H. Duffey City staff, County Fire and County Real Estate Services discussed the value of the facility and the County’s desire to continue to use the facility and the need for continuous maintenance and upkeep. The City and the County are currently negotiating a price. Staff believes a final offer will be made in March and potentially a solid 10 year agreement could be before the Council in April 2020. Not for Public Distribution H.11.c Packet Pg. 456 At t a c h m e n t : A t t a c h m e n t I I I - C o u n c i l T o p P r i o r i t y P r o j e c t s - C i t y M a n a g e r & S t a f f ( C o u n c i l T o p P r i o r i t i e s CITY OF GRAND TERRACE CITY COUNCIL/S.A. MEETINGS PRIORITY A PROJECT UPDATE LOG – 03/02/2020 Date of Request Priority “A” Projects Discussion Staff Assigned Staff Comments 06/12/19 TOT Tax Implementation The City of Grand Terrace is currently in an agreement to sell a portion of its real estate holdings. One of the proposals includes the establishment of a 80-90 room hotel within the City. Hotels are great generators of taxes. The taxes are called Transit Occupancy Tax (TOT). The TOT tax is usually from 12-16% on the cost of a room per night. Unlike other sales taxes which are split between the state, county and City. The entire TOT tax belongs to the City. TOT taxes are normally paid by visitors and don’t really impact local residents. H. Duffey In order for the City to have a TOT tax the voters of the City must pass it. The City will need to put the item on a future ballot. The existing schedule for the 2020 November General Election would require the tax measure be submitted to the Elections office no later than August 7, 2020. It is recommended that if the Council would like to place this measure on the November 2020 ballot, approval should take place by no later than June 9, 2020. If the Council would like to wait for the 2022 November General Election the tax measure would need to be submitted to the Elections office no later than August 5, 2022. It is recommended that if the Council would like to place this ballot measure on the November 2022 election, approval should take place by no later than June 14, 2022. If the City Council would like to place a TOT Tax measure on the ballot in 2021, the City would need to call for a special election and which would be held at a cost two to three times higher than the consolidated general election. The passage of a TOT tax requires a simple majority of the electorate to approve – 50% plus 1. The value of a TOT tax on an 80 room hotel at 75% occupancy for 365 days per year at a rate of 12% would generate over $250,000 annually. Not for Public Distribution H.11.c Packet Pg. 457 At t a c h m e n t : A t t a c h m e n t I I I - C o u n c i l T o p P r i o r i t y P r o j e c t s - C i t y M a n a g e r & S t a f f ( C o u n c i l T o p P r i o r i t i e s CITY OF GRAND TERRACE CITY COUNCIL/S.A. MEETINGS PRIORITY A PROJECT UPDATE LOG – 03/02/2020 Date of Request Priority “A” Projects Discussion Staff Assigned Staff Comments COMMITTEES AND COMMISSIONS 06/12/19 Staff Assignment for Park and Recreation and Youth Commission Council expressed concern that top-level staff was relegated to support Park and Recreation Committee as well as top level staff’s potential assignment to staff the development of a Youth Commission. H. Duffey 2018-19 fiscal year included a number of activities for the City’s 40th anniversary. In addition, it also marked the return of the City taking the lead on Community events. While everyone in the City is involved in the initial development of a new program within the City, once programs are established the City’s activities are usually performed by line staff. Department Heads and the City Manager still participate with community groups, but a significant amount of work is relegated to line staff during an established program. Part of Staff’s concern about establishing a Youth Commission was staff support. Council decided not to establish a Youth Commission but to appoint a Youth Commission to the Parks and Recreation Committee. The City Clerk is working with the School District for the youth appointment to the Parks and Recreations Committee. 06/12/19 Options to Delegate Special Event Support. The City currently supports over 10 special events. Council and staff had a discussion about existing staff, from the City Clerk to the City Manager operating as event coordinators for these events. Staff indicated that it would bring back alternatives to the Council for staff support in the future H. Duffey Currently the City Manager, the Council’s Executive Assistant, and a Management Analyst are assigned a significant amount of coordination of special event activities. Staff is reviewing the cost of a part time events coordinator, potentially pairing the duties with one or more other part time positions in the City. Staff will be bringing forward a proposal in the 2020-21 budget. Not for Public Distribution H.11.c Packet Pg. 458 At t a c h m e n t : A t t a c h m e n t I I I - C o u n c i l T o p P r i o r i t y P r o j e c t s - C i t y M a n a g e r & S t a f f ( C o u n c i l T o p P r i o r i t i e s CITY OF GRAND TERRACE CITY COUNCIL/S.A. MEETINGS PRIORITY A PROJECT UPDATE LOG – 03/02/2020 Date of Request Priority “A” Projects Discussion Staff Assigned Staff Comments HUMAN RESOURCES 06/12/19 Benefits and Recognition The City had significant turnover last year. Exit interviews were conducted and it showed that a significant number of employees felt they were over worked and underpaid. In addition, the employees felt they were not appreciated or recognized for their accomplishments Cynthia Fortune In the past the City recognized employees with employee picnics and other social gatherings to recognize longevity. However, the City’s program has not been consistently applied. Departments consistently have social outings and gathering within their own group. Management has tried to engage staff in various ways. Employees currently have a standing appointment on the first Thursday of the month to talk about good news “Good News Thursday”. Good News Thursdays included, ice cream socials, Woody’s Coffee Cake, a tour of the City and a visit to the Grand Terrace Labyrinth off of Pico Blvd. Employees also have an orientation manual which is on the City’s Intranet page. Good News Thursday is not mandatory, its just an opportunity for Employees to congratulate and share the good news from the previous month. Not for Public Distribution H.11.c Packet Pg. 459 At t a c h m e n t : A t t a c h m e n t I I I - C o u n c i l T o p P r i o r i t y P r o j e c t s - C i t y M a n a g e r & S t a f f ( C o u n c i l T o p P r i o r i t i e s CITY OF GRAND TERRACE CITY COUNCIL/S.A. MEETINGS PRIORITY A PROJECT UPDATE LOG – 03/02/2020 Date of Request Priority “A” Projects Discussion Staff Assigned Staff Comments 06/12/19 Annual Evaluations & Merit Step Increases Approximately a decade ago the City implemented employee furloughs and stopped Cost of Living Increases (COLA). In July 2015 the City adjusted base pay for all employees to increase their hourly retirement rate. The City ended furloughs in March 2017 and provided a 1-time merit increase. During the 2019-20 budget discussion, Council increased the cafeteria plan by $1,200 annually and discussed but did not approve eliminating the freeze on merit step increases. H. Duffey In July 2009 the City Council modified its Budget Guidelines, which required all future budgets to not include merit or COLA increases. The Council’s actions allow employees that are eligible to receive a merit increase if they have a satisfactory evaluation and they have not reached the end of their salary range. The action taken by the Council thereby allows employees to receive annual merit step increases and all future budgets will include resources to address scheduled merit increases. 06/12/19 Employee Appreciation Programs The exit interviews conducted by a City Consultant identified that most employees felt they were overworked because of the small staff. The employees said they also felt under appreciated. H. Duffey City Staff is working on an employee appreciation program that includes peer to peer instant recognition as well as recognition by supervisors to employees. The City’s current personnel policies also allows managers to provide monetary compensation for employees that provide exceptional work that benefits the City. An important note of the exit interviews, this section was not about compensation but about feeling appreciated for the work they perform. Management has also reached out to line staff to include them on more of the process, so they understand their role in the overall project. The Official Recognition Program should roll out in Late May. Not for Public Distribution H.11.c Packet Pg. 460 At t a c h m e n t : A t t a c h m e n t I I I - C o u n c i l T o p P r i o r i t y P r o j e c t s - C i t y M a n a g e r & S t a f f ( C o u n c i l T o p P r i o r i t i e s CITY OF GRAND TERRACE CITY COUNCIL/S.A. MEETINGS PRIORITY A PROJECT UPDATE LOG – 03/02/2020 Date of Request Priority “A” Projects Discussion Staff Assigned Staff Comments FINANCE & SENIOR CENTER DEVELOPMENT 06/12/19 Review of Business License Fees Council requested staff review the cost to monitor and issue business licenses to determine if the City is fully recovering its costs. The City of Grand Terrace Business license fee is charged based on type of business and revenue generated. However, the business license has a $1,200 cap, regardless of the revenue a business generates the maximum amount of the fee is $1,200. Cynthia Fortune The City’s Business License Fee (per Title 4) is a tax that requires a majority vote. Staff will need direction should City Council desire to increase the Business License Tax and put the potential increase on the ballot. Not for Public Distribution H.11.c Packet Pg. 461 At t a c h m e n t : A t t a c h m e n t I I I - C o u n c i l T o p P r i o r i t y P r o j e c t s - C i t y M a n a g e r & S t a f f ( C o u n c i l T o p P r i o r i t i e s CITY OF GRAND TERRACE CITY COUNCIL/S.A. MEETINGS PRIORITY A PROJECT UPDATE LOG – 03/02/2020 Date of Request Priority “A” Projects Discussion Staff Assigned Staff Comments 06/12/19 Housing Agency Programs The City Council of Grand Terrace has a Housing Successor Agency is charged with administering affordable housing programs for the City of Grand Terrace. In the past the agency through the RDA provided silent seconds and refurbish home loans for elderly and income challenged homeowners. The last activity of the RDA Housing Agency was a partnership with Habitat for Humanity. H. Duffey The Grand Terrace Housing Successor Agency (GTHSA) is not a semi-autonomous arm of the City Council, charged with implementing affordable housing programs. The agency has approximately $1,000,000 in liquid assets and silent second loans valued at $630,000. The City General Fund owes the GTHSA $168,200. In addition, the GTHSA will receive an additional $348,636 from ERAF over the next 6 years. The Agency faces a challenge this year, it must spend approximately $200,000 in bond proceeds to comply with the covenant. Therefore, staff is developing a plan to hire external staff to develop and manage a combination of programs to support first time home buys, senior and income challenged rehabilitation programs. In addition, staff will work with Code Officials to identify those income challenged seniors with code violations to try and assist them with compliance. Council should receive proposal from consultants and a menu of programs end of May, Early June. Not for Public Distribution H.11.c Packet Pg. 462 At t a c h m e n t : A t t a c h m e n t I I I - C o u n c i l T o p P r i o r i t y P r o j e c t s - C i t y M a n a g e r & S t a f f ( C o u n c i l T o p P r i o r i t i e s CITY OF GRAND TERRACE CITY COUNCIL/S.A. MEETINGS PRIORITY A PROJECT UPDATE LOG – 03/02/2020 Date of Request Priority “A” Projects Discussion Staff Assigned Staff Comments 06/12/19 Increase in Senior Center Services The Senior Center has seen an increase in participation since partnered with FSA to provide a Senior Center Coordinator in 2018. In addition, the Grand Terrace Silver liner which came online in 2016 has reached its max capacity. Cynthia Fortune The City Council increased funding for the hours of operation for the Blue Mountain Silver Liner in the 2019-20 fiscal year budget, thereby allowing more trips for seniors to various locations throughout town. The Silver Liner is also servicing Vista Blue Mountain residents and Omnitrans has indicated they will entertain additional resources for the City to expand the hours of operations and new equipment (bus). The current FSA coordinator is part time and splits her time with the meal program. The goal for the Senior Center is to increase participation at the senior center – targeting the residents in the Blue Mountain Villas, which is attached to the Senior Center. Staff is working with the coordinator to continue to increase participation through the utilization of other resources. Not for Public Distribution H.11.c Packet Pg. 463 At t a c h m e n t : A t t a c h m e n t I I I - C o u n c i l T o p P r i o r i t y P r o j e c t s - C i t y M a n a g e r & S t a f f ( C o u n c i l T o p P r i o r i t i e s CITY OF GRAND TERRACE CITY COUNCIL/S.A. MEETINGS PRIORITY A PROJECT UPDATE LOG – 03/02/2020 Date of Request Priority “A” Projects Discussion Staff Assigned Staff Comments CITY CLERK 06/12/2019 FPPC Compliance City Council to ensure method in place to ensure compliance with State requirements Debra Thomas 06-12-2019 – City Council approved priority project list. 03-03-2020 – Beginning with the Form 700s due April 1, these items will be placed into the City’s EDMS, including all future FPPC forms upon receipt. 06/12/2019 City Intranet The City upgraded its internet website in October 2017. The upgrade included an Intranet package. The Intranet allows internal web pages and information to be shared with just staff and Council. Things like payroll, event information, and internal directories. Debra Thomas 06-12-2019 – City Council approved priority project list. 09-01-2020 – The City’s staff directory, City Council orientation manual, Employee orientation Manual and legislative representatives for the COGT have been uploaded to the intranet. As new global information is identified that information will be uploaded on an ongoing basis. 06/12/2019 Telephone System Improvements Council wanted to ensure residents can easily contact City Hall as their preference is to speak with a live person. Debra Thomas 06-12-2019 – City Council approved priority project list. 10-29-2019 – Telephone calls have been set up on a call loop and assigned to three telephone extensions to ensure telephone customer service calls are answered upon receipt. After hours message for services has been updated so that resident knows who to contact for services after hours as well as City Hall staff being provided headsets to ensure callers continue to have access to speak with a live person. Not for Public Distribution H.11.c Packet Pg. 464 At t a c h m e n t : A t t a c h m e n t I I I - C o u n c i l T o p P r i o r i t y P r o j e c t s - C i t y M a n a g e r & S t a f f ( C o u n c i l T o p P r i o r i t i e s CITY OF GRAND TERRACE CITY COUNCIL/S.A. MEETINGS PRIORITY A PROJECT UPDATE LOG – 03/02/2020 Date of Request Priority “A” Projects Discussion Staff Assigned Staff Comments 06/12/2019 Technology Program City Council had desire to go to a paperless process. During budget process, Council approved budget item to purchase equipment for technology to replace paper agendas. Debra Thomas 06-12-2019 – City Council approved priority project list. 09-12-2019 – In September 2019, City Council was provided with Microsoft Surface Pro tablets and in-house training. Beginning November 2019, City Council no longer receives hard copy packets. 06/12/2019 Facebook Live and Twitter City Council would like staff to examine the use of social media such as Facebook Live and Twitter to increase public engagement. Debra Thomas 06-12-2019 – City Council approved priority project list. 10-09-2019 – Currently, the City uses various methods to provide outreach to the public for its City Council meetings. Council meetings are streamed live on the City Clerk’s webpage and Channel 3 through Spectrum and AT&T U-Verse beginning at 6:00 p.m. every 2nd and 4th Tuesday of each month. The Council meetings are scheduled to replay every day through these same outlets as well. The City also has a YouTube channel where Council meetings are uploaded, and anyone may access Council meetings. Using Facebook Live and Twitter for live streaming will require additional staff and resources. At this time staff is researching the cost and expense to run these live feeds and will report back to Council in June 2020. Not for Public Distribution H.11.c Packet Pg. 465 At t a c h m e n t : A t t a c h m e n t I I I - C o u n c i l T o p P r i o r i t y P r o j e c t s - C i t y M a n a g e r & S t a f f ( C o u n c i l T o p P r i o r i t i e s CITY OF GRAND TERRACE CITY COUNCIL/S.A. MEETINGS PRIORITY A PROJECT UPDATE LOG – 03/02/2020 Date of Request Priority “A” Projects Discussion Staff Assigned Staff Comments 06/12/2019 City Adopted Budgets and Agenda Packets City Council would like staff to coordinate with the SBC Library to identify a location within the Library to place the City’s Adopted budgets and Agenda Packets for ease of access to the public. Debra Thomas 06-12-2019 - City Council approved priority project list. 07-30-2019 – Staff contacted the Library and asked that they place City Council agendas and adopted budgets in an area for the public to view. Library staff agreed and were provided with the City’s annual adopted budget and bi-monthly City Council agendas for display. 06/12/2019 Community Posting Board Develop a Community Posting Board. Legally the City must post agendas in locations that the public has access. Our current location is behind locked doors therefore the City needed a location for 24 hour access. Debra Thomas 06-12-2019 – City Council approved priority project list 10-31-2019 – Staff purchased a community information posting board that was placed outside of City Hall. The government requires that agendas be made available to the public and posted in a location that is freely accessible to the public. All of our public locations (excluding the City’s website) is only accessible during City Hall hours. This board allows information to be posted and available to the community 24 hours a day. 06/12/2019 Manage City Neighborhood Recognition Programs City Council would like to recognize neighborhoods/ individuals that have gone above and beyond to help make the community a better place to live. Debra Thomas 06-12-2019 – City Council approved priority project list. 03-04-2020 – City Council approved a Neighborhood Recognition program and staff is working on developing effective ways to implement the program. Staff is will be reaching out to the Grand Terrace Women’s Club and Historical & Cultural Advisory Committee to assist with this implementation. 06/12/2019 Annual Acknowledgement City Council would like to annually recognize community volunteers at a City Council meeting. Debra Thomas 06-12-2019 – City Council approved priority project list. 03-04-2020 – Staff is working on identifying a Council meeting in which to annually hold a recognition event to honor all of the community volunteers. Not for Public Distribution H.11.c Packet Pg. 466 At t a c h m e n t : A t t a c h m e n t I I I - C o u n c i l T o p P r i o r i t y P r o j e c t s - C i t y M a n a g e r & S t a f f ( C o u n c i l T o p P r i o r i t i e s CITY OF GRAND TERRACE CITY COUNCIL/S.A. MEETINGS PRIORITY A PROJECT UPDATE LOG – 03/02/2020 Date of Request Priority “A” Projects Discussion Staff Assigned Staff Comments 06/12/2019 City Council Agenda Modifications City Council requested modification of the agenda to include updated information and language to comply with the American with Disabilities Act. Debra Thomas 06-12-2019 – City Council Approved priority project list. 09-04-2019 – Staff modified agenda to include updated information and language to ensure compliance with the American with Disabilities Act, Future Agenda Items Requests and Reordering of, Additions to or Removal of Items from the Agenda Not for Public Distribution H.11.c Packet Pg. 467 At t a c h m e n t : A t t a c h m e n t I I I - C o u n c i l T o p P r i o r i t y P r o j e c t s - C i t y M a n a g e r & S t a f f ( C o u n c i l T o p P r i o r i t i e s CITY OF GRAND TERRACE CITY COUNCIL/S.A. MEETINGS PRIORITY A PROJECT UPDATE LOG – 03/02/2020 Date of Request Priority “A” Projects Discussion Staff Assigned Staff Comments PLANNING & DEVELOPMENT SERVICES 4.78 Acres –PSA, Entitlement Escrow on this project was opened on 8/16/2019 and concept plans were approved by Council on 10/22/2019. Michael Baker International will process the entitlements, including CEQA – The entitlement processing will be paid by Greens Group through a deposit-based program. Steve Weiss The project is within the Town Square Master Development Plan (TSMDP) and the Final Environmental Impact Report (FEIR) in place for TSMDP will have to be reviewed for consistency with FEIR, or determine if Addendum, Supplemental or additional documents will be needed. Town Square Master Development Plan (TSMDP) The TSMDP was completed for the Stater Bros Project and included land from Barton and Michigan to Barton and Canal. The Final Environmental Impact Report did not anticipate the uses identified in the Greens Group Project. Therefore, staff will review the FEIR and recommend additional reports. Steve Weiss Town Square Master Plan will need to be amended to allow some uses identified in the Greens Group conceptual plan. The project will also qualify for bonus densities because the Barton Road Specific Plan encourages the consolidation of elongated parcels for highest and best land use. Where BRSP need amending, will be processed in conjunction with Greens Group applications anticipated to be heard 3rd or 4th quarter 2020. Not for Public Distribution H.11.c Packet Pg. 468 At t a c h m e n t : A t t a c h m e n t I I I - C o u n c i l T o p P r i o r i t y P r o j e c t s - C i t y M a n a g e r & S t a f f ( C o u n c i l T o p P r i o r i t i e s CITY OF GRAND TERRACE CITY COUNCIL/S.A. MEETINGS PRIORITY A PROJECT UPDATE LOG – 03/02/2020 Date of Request Priority “A” Projects Discussion Staff Assigned Staff Comments 06/12/2019 Edwin Fuels The project is located along Barton Road, west of the 215 FWY proposing an 80,000 square foot building, 42-foot high on a 4.5-acre lot to process plastic conversion to fuels. It can also be used to conduct cardboard collection/distribution from Distribution facilities, not the public. The project will have approximately 100 employees operating 24/7. Steve Weiss The applications include SA, CUP, Minor Deviation, Zone Change and Environmental Review. The project’s DDA draft is being revised by the City Attorney. The project was deemed incomplete in October 2019. The applicant is working on the secondary access and air quality. The project is being processed by contract staff: MIG Case Planner Lisette Sanchez-Mendoza Senior Associate lsmendoza@migcom.com 1500 Iowa Avenue, Suite #110 Riverside, California 92507 O: 951 787 9222 | www.migcom.com 06/12/2019 Grant Prop 68 The City of Grand Terrace partnered with the Colton Joint Unified School District to submit a grant to refurbish the Terrace Hills Middle School. Steve Weiss The grant was competitive, and the amount requested was $6,000,000. Grants are awarded first to disadvantaged communities. The City lost points because of that criteria. However, City did point out that school district boundaries allows the pool to service a much broader population, beyond City limits. Staff was notified in late February that the grant was not funded. We will get a debriefing from state staff and resubmit in the future. Not for Public Distribution H.11.c Packet Pg. 469 At t a c h m e n t : A t t a c h m e n t I I I - C o u n c i l T o p P r i o r i t y P r o j e c t s - C i t y M a n a g e r & S t a f f ( C o u n c i l T o p P r i o r i t i e s CITY OF GRAND TERRACE CITY COUNCIL/S.A. MEETINGS PRIORITY A PROJECT UPDATE LOG – 03/02/2020 Date of Request Priority “A” Projects Discussion Staff Assigned Staff Comments 06/12/2019 Taco Bell J & R Hock Enterprises proposing a Taco Bell drive thru restaurant on a 0.56-acre lot located at the intersection of Barton Road and Vivienda Avenue, zoned Barton Road Specific Plan Village Commercial. The proposed improvements include parking, landscaping, trash enclosure, loading area, access, and street improvements. Steve Weiss The Site and Architectural Review and Variance was approved by the Planning Commission at a Public Hearing on December 12, 2019. The applicant submitted precise grading and street improvement plans on December 13, 2020. The Landscape and Irrigation Plans were submitted for plan check review on February 24, 2020, and the Architectural Building submittal is anticipated on 3/15/2020. Staff expects construction to start the end of March 2020. 06/12/2019 Mr. TV Video Parking Program Create a parking program identifying locations with excess parking where the property owner would agree to allow other businesses to use the parking Steve Weiss The City is examining how other cities handle properties in prime locations that are under parked. We are reviewing ordinance and we would like to be ready when the property has a tenant. We certainly believe this is a prime corner and want to be able to accommodate a dynamic tenant. We anticipate moving this time forward before the end of 2020. Not for Public Distribution H.11.c Packet Pg. 470 At t a c h m e n t : A t t a c h m e n t I I I - C o u n c i l T o p P r i o r i t y P r o j e c t s - C i t y M a n a g e r & S t a f f ( C o u n c i l T o p P r i o r i t i e s CITY OF GRAND TERRACE CITY COUNCIL/S.A. MEETINGS PRIORITY A PROJECT UPDATE LOG – 03/02/2020 Date of Request Priority “A” Projects Discussion Staff Assigned Staff Comments 06/12/2019 Gateway Specific Plan Lewis Management Corp. submitted a proposal to develop approximately 131.7- acres. The project site is designated Mixed Use and requires a Specific Plan, and Industrial. The Specific Plan for the project is proposing Residential, Commercial, Business Park, Public Facilities, and Public Facilities Overlay. Steve Weiss The NOP is anticipated to be released for public review the week of 3/16/2020. The project included a Master Development Plan and a Disposition and Development Agreement (DDA) with the following elements: Alleviate storm drain and water runoff issues on Michigan and at GT High School; push Commerce Way through to Taylor St. with 4-lane arterial road (expansion of Commerce Way); Enhanced recreation facilities. T&B Planning is the City’s peer review consultant of EIR and all technical documents. The contract has been amended twice to increase scope and compensation amount. This project is a mixed- use development project. It will include for sale, apartments and commercial retail. Community meeting should start once the environmental document starts to circulate in April. Environmental Contact Tracy Zinn T&B PLANNING, INC. Office: (714) 505-6360 X 350 Cell: (714) 397-4224 tzinn@tbplanning.com Not for Public Distribution H.11.c Packet Pg. 471 At t a c h m e n t : A t t a c h m e n t I I I - C o u n c i l T o p P r i o r i t y P r o j e c t s - C i t y M a n a g e r & S t a f f ( C o u n c i l T o p P r i o r i t i e s CITY OF GRAND TERRACE CITY COUNCIL/S.A. MEETINGS PRIORITY A PROJECT UPDATE LOG – 03/02/2020 Date of Request Priority “A” Projects Discussion Staff Assigned Staff Comments 06/12/2019 12-unit CUP in 40-Acre Greenbelt (Aegis) Aegis Builders, Inc. is proposing to develop a 0.80-acre site with 12 townhomes within the Plan Residential Development Standards. The project includes three two-story buildings, each consisting of four attached units. A tentative tract map has been filed to establish the townhomes, and a Variance application has been submitted to deviate from the required 17-foot deep driveway. The project is located along Gage Canal and does not have direct access to a public street; therefore, an access easement to cross the Gage Canal property will be required. Steve Weiss The proposed applications include TTM 18-02, SA 18-09, Variance 18-02 and Env 18-08. The project was submitted on November 2, 2018 and it was deemed incomplete. The project was resubmitted on March 26, 2019. The applicant is working with the City of Riverside to resolve the access over Gage Canal. The property was purchased from Housing Authority, subject to a PSA and performance timeline, escrow closed on 6/12/2018. Section 1.4 Buyer to begin construction within six months of close of escrow. If the project does not commence within eighteen months of close (12/12/2019) the seller can re-purchase the property. Not for Public Distribution H.11.c Packet Pg. 472 At t a c h m e n t : A t t a c h m e n t I I I - C o u n c i l T o p P r i o r i t y P r o j e c t s - C i t y M a n a g e r & S t a f f ( C o u n c i l T o p P r i o r i t i e s CITY OF GRAND TERRACE CITY COUNCIL/S.A. MEETINGS PRIORITY A PROJECT UPDATE LOG – 03/02/2020 Date of Request Priority “A” Projects Discussion Staff Assigned Staff Comments 06/12/2019 Blue Mountain Trail Grant The Blue Mountain Trailhead and Trail is an HCF Grant. The site is located at the intersection of Van Buren and Observation Drive. The project is proposing parking lot, resting facilities, picnic table areas. Hirsch and Associates was contracted for the design and preparation of construction plans. Steve Weiss A Community meeting was held on April 11, 2019. On December 17, 2019, the City met with the landowner to discuss trailhead connection and possible parking lot at the end of Palm. In January 2020 the consultant reached out to schedule a second workshop meeting for Thursday, March 26, 2020. The community meeting will discuss the work completed to date. The consultant completed a topography of the mountain and designed the trail and the trailhead. The overall cost of the project will range from $500,000 to $1.7 million for trail head and trail, which leaves little money for land acquisition. Alternative sites that access the existing trail would greatly reduce the cost to develop the trail and leave more money for land acquisition. The HCF grant was $220,000 and was to be combined with $280,000 in Development Impact Fees for Parks. In addition, Assemblymember Reyes was able to earmark grant for $1.2 million for trail development and land acquisition. Staff will update the Council on the project in June. Chuck Foley Hirsch & Associates, Inc. 2221 East Winston Road, Suite A. Anaheim CA 92806 United States of America (714) 776-4340, 107 chuck@hailandarch.com 06/12/2019 Animal Control Ordinance Update The City completed its update of the Animal Control Ordinance on October 02/2019. Completed Steve Weiss The Animal Control Ordinance was approved with several significant changes based on input from Council and community meetings. The number of dogs were increased from 2 to 4 for single family homes and owners do not have to license their dogs until their annual rabies vaccination expires. Not for Public Distribution H.11.c Packet Pg. 473 At t a c h m e n t : A t t a c h m e n t I I I - C o u n c i l T o p P r i o r i t y P r o j e c t s - C i t y M a n a g e r & S t a f f ( C o u n c i l T o p P r i o r i t i e s CITY OF GRAND TERRACE CITY COUNCIL/S.A. MEETINGS PRIORITY A PROJECT UPDATE LOG – 03/02/2020 Date of Request Priority “A” Projects Discussion Staff Assigned Staff Comments 06/12/2019 Parking Citation Appeals While the City issues citations to residents, residents have the right to appeal. Council wanted to ensure that residents understand their right. Steve Weiss New staff completed appeal request backlog and has developed a process to ensure that citation appeals are addressed within a 30-day window. If citations are required to be heard by hearing officer, staff’s goal is to request hearing occur within the City of Grand Terrace. 06/12/2019 La Cadena SFD Approved Steve Weiss In Construction since 6/6/19 06/12/2019 REC Center Ongoing Steve Weiss City Council recommended approving through 2020-2021 CDBG Funding 2/25/2020 06/12/2019 National Logistics (Pallet Yard) The applicant is proposing a wood recycling use (pallet yard). The proposed activities include recyclable wood for dismantling, sorting and packing. The product arrives in the site and is re-used to create wood pallets. The use is proposed on a 3.7-acre parcel zoned industrial. An existing 6,420 square feet office will be used for office purposes, a 2,400 square foot metal shop and four three sided work canopies will be used for recycling activities. Steve Weiss National Logistics - wood recycling use (pallet yard). The application includes a CUP and Environmental applications. Michael Baker prepared IS/MND. The Final Draft submitted on October 2019, is pending review. A CUP is required to ensure the facility is managed properly. From a safety prospective, facilities with high concentration of wood piles must be monitored by our Fire Safety Officer to ensure they remain in compliance. NOI and public hearing notices are required Michael Baker Contact Bob Stark, AICP | Michael Baker International | 5050 Avenida Encinitas, Suite 260 | Carlsbad, CA 92008 | [O] 858-527-7829 | [M] 858-444- 6025bstark@mbakerintl.com Not for Public Distribution H.11.c Packet Pg. 474 At t a c h m e n t : A t t a c h m e n t I I I - C o u n c i l T o p P r i o r i t y P r o j e c t s - C i t y M a n a g e r & S t a f f ( C o u n c i l T o p P r i o r i t i e s CITY OF GRAND TERRACE CITY COUNCIL/S.A. MEETINGS PRIORITY A PROJECT UPDATE LOG – 03/02/2020 Date of Request Priority “A” Projects Discussion Staff Assigned Staff Comments 06/12/2019 Surgical Center The applicant (Dr. Esmond Gee) is proposing to remodel and existing 2,788 square feet building and add 1,665 square feet for the establishment of a medical office on a 0.46-acre lot. An existing 317 square feet accessory structure located on the north east of the property is proposed to be removed. The site improvements include parking and landscaping. Steve Weiss The project was approved by the Planning Commission at a public hearing on February 21, 2019. The Architectural Building Plan Check was submitted for review on January 3, 2020, comments were provided to the applicant and we are pending applicant’s resubmittal. Staff is anticipating construction of the project to start no later than May 2020. Not for Public Distribution H.11.c Packet Pg. 475 At t a c h m e n t : A t t a c h m e n t I I I - C o u n c i l T o p P r i o r i t y P r o j e c t s - C i t y M a n a g e r & S t a f f ( C o u n c i l T o p P r i o r i t i e s CITY OF GRAND TERRACE CITY COUNCIL/S.A. MEETINGS PRIORITY A PROJECT UPDATE LOG – 03/02/2020 Date of Request Priority “A” Projects Discussion Staff Assigned Staff Comments PUBLIC WORKS 6/12/2019 Highway Safety Improvement Program- Mt. Vernon Intersections Highway Safety Improvement Program grants money to improve interstate safety. Mt. Vernon will receive safety treatments at every intersection from Pico to Grand Terrace Rd. Alan French While the project was scheduled to be completed in 2018, it is finally on track. We received authorization to bid project in early January. Only one bidder responded at $268,350 -20% lower than engineer’s estimate. We are working with State to allow City to proceed with only one responsive bidder. State will determine if a Notice of Public Interest Finding will be granted or require rebid to include additional bidders. Item should appear before Council on 3/10/2020 or 3/24/2020. 6/12/2019 Preston Signal Upgrade The only signal in Grand Terrace without dedicated left turn lane. Also, highest rate of accidents. Alan French On February 11, 2020 the City Council approved a change order because of faulty wiring on the project. Signal is fully operational as of March 3, 2020. A heightened curb was also added to the project to protect the signal box from traffic. A Notice of Completion should appear before the Council on March 10, 2020. Not for Public Distribution H.11.c Packet Pg. 476 At t a c h m e n t : A t t a c h m e n t I I I - C o u n c i l T o p P r i o r i t y P r o j e c t s - C i t y M a n a g e r & S t a f f ( C o u n c i l T o p P r i o r i t i e s CITY OF GRAND TERRACE CITY COUNCIL/S.A. MEETINGS PRIORITY A PROJECT UPDATE LOG – 03/02/2020 Date of Request Priority “A” Projects Discussion Staff Assigned Staff Comments 6/12/2019 Commerce Way Expansion Project is Measure I funded project with estimated cost of $5.5 million. Includes 4 lane Arterial Road. Project will also include storm water system. Alan French 12-05-2019 - Completed Final Design of City Section, coordinating with developer on southern portion. Project is 100% designed. 60% cost from Measure I, 40% from Development Impact fees (DIF). Project requires major grade work and addition of storm drains. Cost of storm drains require additional funding before Commerce Way Expansion can start construction. Working with Developers in Gateway Specific Plan to develop funding measure. A funding mechanism should appear before the Council within 90 days. The project is a part of the Gateway Specific plan which is scheduled to be released for circulation in Mid-March. 6/12/2019 Mt. Vernon Slope Stabilization Project identified in Hazard Mitigation Plan. City applied to OES for grant funds, not successful this time, but waiting for additional funding opportunities. Alan French 11-06-2019 – Received notice from OES that project was not selected for funding. Staff met with our grant writers on 01-24-2020. We are monitoring next opportunity to apply for new grant funding from State and Federal Government. City Council provided $600,000 in RDA Bond proceeds as match to potential grant funding. Not for Public Distribution H.11.c Packet Pg. 477 At t a c h m e n t : A t t a c h m e n t I I I - C o u n c i l T o p P r i o r i t y P r o j e c t s - C i t y M a n a g e r & S t a f f ( C o u n c i l T o p P r i o r i t i e s CITY OF GRAND TERRACE CITY COUNCIL/S.A. MEETINGS PRIORITY A PROJECT UPDATE LOG – 03/02/2020 Date of Request Priority “A” Projects Discussion Staff Assigned Staff Comments 6/12/2019 EV Charging Station City received funding from 2 grants totaling $175,000 for charging stations. Stations will be Level 3 DC charging stations. Charge vehicles within 30 minutes. Alan French Charging stations are installed. Operator also converted old SCE charging stations to new Level 2 charging station (they are operational now). City waiting for easement to be signed to allow Edison to power stations. Engineered plans were modified and pass through easement was mistaken as authorization to allow a SCE utility Easement. Staff is working with Contractor and property owner to secure proper easement to allow SCE to power charging stations. A staff report will be before the Council on 3/10/2020 to address easement issue. If easement is signed before March 11, 2020, stations will be powered by March 13, 2020. 6/12/2019 Year 3 CIP City completed year 1 and 2 of CIP with existing gas tax and Measure I funds. The City will receive approximately $200,000 in Measure I allocation annually, However, this would require the City to compile proceeds and delay year 3 and 4 for several years. Staff is working on funding to complete Years 3, 4, by September 2020. Alan French The State of California has two very promising programs. California Total Road Improvement Program (TRIP) will advance City money through multi City issued bond allocation, utilizing Measure I funds from 2020-2040. Total allotment after issuance is $1.7 Million, available to City by July 1, 2020. Staff is preparing bid package for years 3 and 4 with addendums for additional roads. It will be presented to Council in April for consideration. Another option is from California First Bank. They will loan City up to $5.5 -$7.5 million but they require collateral. TRIP programs use of Measure I seems to be a good fit for roads. Not for Public Distribution H.11.c Packet Pg. 478 At t a c h m e n t : A t t a c h m e n t I I I - C o u n c i l T o p P r i o r i t y P r o j e c t s - C i t y M a n a g e r & S t a f f ( C o u n c i l T o p P r i o r i t i e s CITY OF GRAND TERRACE CITY COUNCIL/S.A. MEETINGS PRIORITY A PROJECT UPDATE LOG – 03/02/2020 Date of Request Priority “A” Projects Discussion Staff Assigned Staff Comments 6/12/2019 Fee Study In 2018 the City Council requested staff update Fee Ordinance for Public Works fees to ensure cost recovery for projects. Staff’s review expanded to all fees to ensure City fully recovered its costs. Alan French Staff hired consultant to do fee study, draft was completed and given to staff in 10/19 and then finalized 11/19. It was determined the best way to proceed is to remove fees from ordinance and set by resolution, this will allow Council to review and easily set fees annually. However, we need to keep traffic related fees and tax penalties in place. PW and Planning staff is working with Finance and attorney to take fees out of municipal code and set by resolution. Based on fee study, new fees will be approved by Council in the budget and approved yearly. First schedule fee resolution should appear before the Council in early May and most likely coincide with budget process. 6/12/2019 Barton Interchange Barton Road Interchange. The project is scheduled to be completed April 2020. Alan French Project is $105 million and will result in pavement rehabilitation on Barton from Grand Terrace Road to Town Square. In addition, project added: W. Carhart St., cul-de-sac of Michigan St., and expanded intersection on Barton and Vivienda. Traffic Signal was also added at Grand Terrace Rd. and Barton, as well as the much talked about landscaping and operational signals along with pavement work are the last items before project is completed. Not for Public Distribution H.11.c Packet Pg. 479 At t a c h m e n t : A t t a c h m e n t I I I - C o u n c i l T o p P r i o r i t y P r o j e c t s - C i t y M a n a g e r & S t a f f ( C o u n c i l T o p P r i o r i t i e s CITY OF GRAND TERRACE CITY COUNCIL/S.A. MEETINGS PRIORITY A PROJECT UPDATE LOG – 03/02/2020 Date of Request Priority “A” Projects Discussion Staff Assigned Staff Comments 6/12/2019 Barton Speed Feedback City Council concerned about speeding on Barton Road. Staff to deploy methods to reduce speeds. Alan French Speed sign will be included in Mt. Vernon HISP Program. Material acquisition: Speed sign will be installed to make drivers aware of the speed. Estimated installation will be June 2020. Measures may be expanded as Council has added additional items to the Future Agenda Items List that may expand the conversation on speed measures on Barton Rd. 6/12/2019 Fitness Park Canopy Council expressed concern that the summer heat makes the playground surface area too hot for children to play. It was recommended that canopies be installed at fitness park to reduce heat of playground area. Other parks have natural shade (trees). Alan French When this item was presented to the Council during our workshop, Council elevated this to a Top Priority and assigned Bond Proceeds to the project. Staff is currently pricing canopies and should be ready to appear before Council with purchase recommendation, sometime before June 2019. 6/12/2019 Development Plans Ongoing staff effort for review and processing development projects Alan French Weekly – Review plans for conditions compliance and corrections to provide back to applicant within the prescribed time frame. Review and process permits for issuance on a weekly basis. 6/12/2019 West Barton Bridge Replacement City of Colton is lead. Staff time to participate in project development and document review. Alan French The design phase of the project began in June 2019. Once formal documents were executed the Project Design Kickoff meeting was held, which was on November 2019. Currently the technical studies are underway including Biological, Archaeological, noise, traffic and others. The last PDT meeting was in January 2020. It is estimated that the project will start construction of the new road June 2021. Not for Public Distribution H.11.c Packet Pg. 480 At t a c h m e n t : A t t a c h m e n t I I I - C o u n c i l T o p P r i o r i t y P r o j e c t s - C i t y M a n a g e r & S t a f f ( C o u n c i l T o p P r i o r i t i e s CITY OF GRAND TERRACE CITY COUNCIL/S.A. MEETINGS PRIORITY A PROJECT UPDATE LOG – 03/02/2020 Date of Request Priority “A” Projects Discussion Staff Assigned Staff Comments PUBLIC WORKS MAINTENANCE 6/12/2019 Traffic signal/Street light Can the City enforce Wireless Telecommunications Facilities to install lights on poles if they install new poles for its wireless facilities Alan French One aspect of Signal/Lighting is to expand the streetlights in the City. In April 2019 the City adopted an ordinance for small wireless facilities in the right-of way. As the applications are submitted, staff will review the applications to determine if this is an existing or new site and request lighting be added on the pole. The City would have to pay the lighting cost. 6/12/2019 Fire Station Roof Repair The City owns the Fire Station and it is leased to the County while they are providing service. Alan French City is currently in lease re-negotiations with San Bernardino County Fire. Currently County Fire pays $1.00 and the City pays for all repairs. Based on quotes that we received, staff estimates the cost of roof replacement to be between $15,000 and $30,000. Our goal is to utilize some of the proceeds gained from the Fire station lease to repair and maintain the building to protect the asset. 6/12/2019 Street, Sidewalk, Curb and Parkway Street maintenance is ongoing and addressed daily for immediate items and weekly for potholes and signs, and quarterly for parkway landscaping Alan French In 2018 the City completed a sidewalk repair project. It included sidewalk issues on the streets that were part of the CIP as well as reported locations throughout the City. Also, and assessment study was done to address issues for the next CIP. Not for Public Distribution H.11.c Packet Pg. 481 At t a c h m e n t : A t t a c h m e n t I I I - C o u n c i l T o p P r i o r i t y P r o j e c t s - C i t y M a n a g e r & S t a f f ( C o u n c i l T o p P r i o r i t i e s CITY OF GRAND TERRACE CITY COUNCIL/S.A. MEETINGS PRIORITY A PROJECT UPDATE LOG – 03/02/2020 Date of Request Priority “A” Projects Discussion Staff Assigned Staff Comments 6/12/2019 Parks Park maintenance is ongoing and has daily effort for opening, refuge and general cleanup as well as longer term efforts. Alan French In 2016 the City completed an assessment of existing parks, to identity improvements needed in various parks and for new parks. The City continues to review the report. The City replaced bark with rubberized surface, installed picnic benches made from recyclable material. Added the dog park and enhanced landscaping. Ongoing maintenance occurs on regular basis. Including Graffiti removal and managing schedule changes and conflict with Leagues and Neighborhoods. The most pressing projects are getting camera system back up and running. Wi-Fi access for sports leagues, ADA accessible swing installation, investigation of permanent stage for community gather location and increased cooperation with leagues and neighbors. Not for Public Distribution H.11.c Packet Pg. 482 At t a c h m e n t : A t t a c h m e n t I I I - C o u n c i l T o p P r i o r i t y P r o j e c t s - C i t y M a n a g e r & S t a f f ( C o u n c i l T o p P r i o r i t i e s