Agenda — Corning City Council, September 23, 2025

THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER

CITY OF CORNING

CITY COUNCIL

CLOSED SESSION AGENDA
TUESDAY, SEPTEMBER 23, 2025

CITY COUNCIL CHAMBERS
794 THIRD STREET
A. CALL TO ORDER: 4:30 p.m.

B. ROLL CALL:

Council: Dave Demo, Chuy Valerio, Shelly Hargens, and Lisa Lomeli Mayor: Robert Snow
The Brown Act requires that the Council provide the opportunity for people in the audience to briefly address the Council on the subject(s) scheduled for tonight’s closed session. Is there anyone wanting to comment on the subject(s) the Council will be discussing in closed session? If so, please come to the podium, identify yourself and give us your comments.

C. PUBLIC COMMENTS:

D. REGULAR AGENDA:

1. Conference with labor negotiator pursuant to section 54957.6:

Agency Negotiator: Sophia R. Meyer, Labor Relations Consultant Bargaining Units: Management, Public Safety, Dispatcher, and Miscellaneous

2. Public employment: City Manager performance review pursuant to Government Code Section 54957(b)

3. Conference with Legal Counsel – Anticipated Litigation Initiation of litigation pursuant to § 54956.9(c): (one case)
E. ADJOURN TO REGULARLY SCHEDULED CITY COUNCIL MEETING AND REPORT ON CLOSED SESSION:

CITY OF CORNING

CITY COUNCIL

REGULAR MEETING AGENDA
TUESDAY, SEPTEMBER 23, 2025

CITY COUNCIL CHAMBERS
794 THIRD STREET
This is an Equal Opportunity Program. Discrimination is prohibited by Federal Law. Complaints of discrimination may be filed with the Secretary of Agriculture, Washington, D.C. 20250.

In compliance with the Americans with Disabilities Act and Title VI. If you need special assistance or translation services to participate in this meeting, please contact the City Clerk’s Office at (530) 824-7033 or via email at [email protected]. Notification in advance of the meeting will enable the city to make reasonable arrangements to ensure accessibility to this meeting.

A. CALL TO ORDER: 5:30 p.m.

B. ROLL CALL:

Council: Dave Demo, Chuy Valerio, Shelly Hargens, and Lisa Lomeli Mayor: Robert Snow
C. PLEDGE OF ALLEGIANCE: Led by the City Manager.

THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER D. INVOCATION: Led by Councilor Hargens.

E. PROCLAMATIONS, RECOGNITIONS, APPOINTMENTS, PRESENTATIONS:

1. Proclamation: October 2025 as National Domestic Violence Awareness Month. Present to accept the Proclamation will be Empower Tehama’s Bilingual Legal Advocate, Susana Reyes
F. PUBLIC COMMENTS AND BUSINESS FROM THE FLOOR: If there is anyone in the audience wishing to speak on items not already set on the agenda, please come to the podium, and briefly identify the matter. To ensure that all members of the public have an equal opportunity to address the City Council, public comments during the designated comment period will be limited to three (3) minutes per speaker. Council will then determine if such matter will be placed on the agenda for this meeting, scheduled for a subsequent meeting, or recommend other appropriate action.

G. CONSENT AGENDA: It is recommended that items listed on the Consent Agenda be acted on simultaneously unless a Councilmember or members of the audience request separate discussion and/or action.

1. Waive reading, except by title, of any Ordinance under consideration at this meeting for either introduction or passage, per Government Code Section 36934.

2. Waive the reading and approve the Minutes of the September 9, 2025,Closed Session and Regular City Council Meeting with any necessary corrections.

3. September 17, 2025, Claim Warrant in the amount of $ 190,714.84

4. September 17, 2025, Business License Report

5. Approval of Grant Funds to be used to support a Grand Opening at the City Plaza and Recreation Center.

H. ITEMS REMOVED FROM THE CONSENT AGENDA:

I. PUBLIC HEARINGS AND MEETINGS: None
J. REGULAR AGENDA:

1. Authorize staff to seek bids for the resurfacing of the small city pool.

2. Authorize staff to seek bids for the replacement of the sewer lift station generator.

3. Approve Task Order No. 10 under the engineering contract for the 25/26 street projects on Fourth Street to NorthStar Engineering.

4. Authorize staff to solicit bids for the 2025 Toomes and Loleta Rehabilitation Project.

5. Approve the agreement with Walberg Inc. for the Valve Replacement Project.

6. Authorize staff to seek bids for the 2025 Fire Hall Painting Project.

7. Adopt Resolution No. 09-23-2025-01, Adopting the Tehama County Multi-Jurisdictional Hazard Mitigation Plan.

8. Approve waiver of special event permit fee for the annual Corning Community Trunk or Treat event to be held on October 25, 2025.

9. Adopt Resolution No. 09-23-2025-02, authorizing the City Manager to execute the agreement with the FAA for the Airport Improvement Program (AIP) Grant, and all other necessary documents related to this project.

10. Amendment to the Corning Municipal Code sections 13.08.150 & 13.04.430 to allow charges for sewer and water service to become special assessments.

K. ITEMS PLACED ON THE AGENDA FROM THE FLOOR:

L. COMMUNICATIONS, CORRESPONDENCE, AND INFORMATION:

M. REPORTS FROM MAYOR AND COUNCIL MEMBERS: City Councilmembers will report on attendance at conferences/meetings reimbursed at City expense (Requirement of Assembly Bill 1234).

N. ADJOURNMENT:

Posted: Friday, September 19, 2025

Item: G-2

CITY OF CORNING

CITY COUNCIL

REGULAR MEETING MINUTES
TUESDAY, SEPTEMBER 9, 2025

CITY COUNCIL CHAMBERS
794 THIRD STREET
A. CALL TO ORDER:

The meeting was called to order by Mayor Snow at 5:32pm.

B. ROLL CALL:

Councilmembers present:

Absent: Shelly Hargens & Lisa Lomeli
Staff present:

City Engineer-Robin Kampmann
C. PLEDGE OF ALLEGIANCE: Led by the City Manager.

D. INVOCATION: Led by Councilor Hargens.

Jose "Chuy" Valerio
Dave Demo
Mayor- Robert Snow
City Manager-Brant Mesker
City Attorney- Collin Bogener
City Clerk Rubi Ordaz
Public Works Director Eli Stanley
Fire Chief Tom Tomlinson
Police Chief Craig Bassett
Building OfficialBenjamin Mierzwak
E. PROCLAMATIONS, RECOGNITIONS, APPOINTMENTS, PRESENTATIONS: None F. PUBLIC COMMENTS AND BUSINESS FROM THE FLOOR:

Ross Turner- He wanted some feedback on how the city felt in regards to being represented by the Tehama County Chamber of Commerce.

Ashlee Veneman introduced herself as the Waste Management Recycle Education Representative. She provided some updates and resource booklets.

Brant Mesker recognized Julie's last meeting as part of the local newspaper. Thanked her for the service she has provided to the community.

THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER

Notice to Contractors
NOTICE IS HEREBY GIVEN that City of Corning will receive bids for the City of Corning Small Pool Resurfacing Project.

Sealed or electronic bids must be received by the City of Corning at City Hall, 794 Third Street, Corning, CA 96021, or by email at [email protected], no later than 1:30 p.m. on October 21, 2025. Bids shall be clearly labeled “City of Corning Fire Hall Repainting Project” and include the name and address of the bidder.

Bids will be publicly opened and read aloud by the Public Works Director at the time specified above.

Bidders and/or their authorized representatives are invited to attend.

Any request for explanation or interpretation of the Bid Documents must be made in writing no later than 5:00 PM on October 15, 2025. All requests shall be made by email to [email protected] with the subject line of City of Corning Small Pool Resurfacing Project. Any explanation or interpretation will be made in the form of Addenda to the Contract Documents. All Addenda will be uploaded to www.publicpurchase.com and the City of Corning website at www.corning.org. It will be the bidder’s responsibility to verify that they have received all Addenda. Bidders shall submit signed copies of all Addenda with their Proposals. Oral explanations and interpretations will not be binding.

A Pre-Bid Walk may be done at the bidders' discretion at 1414 Colusa St, Corning, CA 96021.

Please coordinate this with the Public Works Director at 530-824-7025.

Pursuant to Section 1770 and following the Labor Code, the Contractor for the work will be required to pay, at least, the general prevailing wage rates as determined by the Director of the Department of Industrial Relations of the State of California. Questions or wage rates pertaining to the general prevailing wage should be directed to the Division of Labor Statistics and Research, P.O. Box 420603, San Francisco, CA 94142-0603 or http://www.dir.ca.gov/DLSR/PWD/TEH.xls Bid bond, labor and material bond and performance bonds are required. The City reserves the right to reject any and all bids and waive any informalities or irregularities in the bidding. Each bidder must be appropriately licensed in the State of California and registered with the Department of Industrial Relations for this project as required by law.

PURCHASING AGENT, BRANT MESKER
By: CITY MANAGER
Publish in the Red Bluff Daily News on October 3, 2025. Send proof of publication and invoice to: City Hall, 794 Third Street, Corning, CA 96021. Prior to publication, please email proof to [email protected] Attn: Elijah Stanley
Exhibit A
Project: City of Corning Small Pool Resurfacing Project Location: 1414 Colusa Street, Corning, CA 96021
**Proposals will be received by the Public Works Director at City Hall, 794 Third Street, Corning, California 96021, or emailed to [email protected] by 1:30 p.m. on Wednesday, October 21, 2025.

Project Background:

The City of Corning owns and operates a smaller public pool that requires resurfacing. The pool measures approximately 20 feet by 38 feet, with an estimated capacity of 17,000 gallons and a depth of 3.5 feet. All measurements and quantities are estimates; the Contractor is responsible for verifying all dimensions and quantities prior to bidding and commencing work.

Pre-Bid Walk Through:

A Pre-Bid Walk may be done at the bidders' discretion. Please coordinate this with the Public Works Director.

The facility is secured and locked; contractors must contact the Public Works Director at 530-824-7025 to schedule access for a site walk-through.

Scope of Work:

1. Preparing the Pool
• The Contractor shall obtain all required permits from Tehama County Environmental Health, the Tehama County Air Pollution Control District, and the City of Corning Building Department (City permit fee waived) prior to commencement of work.
• All pool drains and inlets shall be covered to prevent construction debris from entering the pool piping system.

2. Plaster
• Hydroblast and thoroughly clean the pool interior prior to installation of the new interior finish. • Apply a bond coat, then plaster the pool with one coat of conventional white plaster or approved equal. The plaster shall be finished to a smooth and uniform surface. • The finished plaster shall carry a minimum three (3) year warranty. The Contractor shall provide all warranty documentation to the City upon project completion. • The mastic expansion joint between the coping and pool deck shall be removed and replaced. • All wastewater generated during the project shall be neutralized and disposed of in accordance with local and state regulations.

3. Finishing
• Immediately following completion of the plaster application, the pool shall be filled with water in a continuous, uninterrupted process until the water level reaches the waterline tiles. • The Contractor shall perform a one-time startup of pool equipment, including chemical balancing of water (calcium hardness, pH, alkalinity) and sanitization (chlorination) to meet required standards. • Following completion, the City of Corning shall be responsible for brushing and maintaining the new plaster finish as needed to achieve a smooth, blemish-free surface for a minimum period of one (1) week, or until all residual plaster “dust” is removed.
• The Contractor shall remove all materials, containers, and debris from the project site upon completion of work.
• The pool shall remain closed until a final inspection and written approval are issued by Tehama County Environmental Health.

4. Anti-Entrapment Drain Cover and Baskets
• The Contractor shall remove and replace the pool’s anti-entrapment drain cover and provide certification of compliance.
• Overflow and debris baskets located along the tile line shall be replaced as needed.

Notice to Contractors:

Pursuant to Section 1770 and following of the Labor Code, the Contractor for the work will be required to pay, at least, the general prevailing wage rates as determined by the Director of the Department of Industrial Relations of the State of California.

A contractor and/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 under Labor Code Section 1725.5.

Execution of the Contract:

The Bidder whose Proposal is accepted shall sign and return the Contract, sample contract is attached, with acceptable bonds and certificates of insurance within 10 working days after receiving notice that the contract has been awarded.

Within approximately five working days of receiving the signed Contract with acceptable bonds from the successful Bidder, the City's authorized agent will sign the Contract. Signature by both parties constitutes execution of the Contract.

City of Corning Pool Resurfacing Project
- Small Pool Resurfacing
Legend
90 ft
N
➤

AGREEMENT
THIS AGREEMENT IS MADE AND ENTERED INTO as of this day of by and between the City of Corning, a Municipal Corporation, hereinafter referred to as “City”, and hereinafter referred to as “Contractor”. It is hereby agreed by and between the parties that Contractor shall resurface the City of Corning’s Small Pool as identified in Exhibit A for the City, as hereinafter more particularly described hereafter.

1. CONTRACTOR’S OBLIGATION:
a. Contractor shall perform the resurfacing the City of Corning’s small pool (20’ x 38’, 3.5’ depth) by hydroblasting and cleaning the interior, applying a bond coat, and finishing with one coat of white plaster or approved equal, with a three-year warranty. Work also includes replacing the mastic expansion joint, anti-entrapment drain covers, and debris baskets as needed, along with a one-time startup and chemical balancing. All debris and wastewater must be disposed of per regulations, as identified in the Scope of Work attached as Exhibit A. All work shall be completed safely, in a professional and workmanlike manner, using approved materials and methods. The project location and improvements are further described in Exhibit A attached hereto and incorporated by this reference. The City reserves unto itself the right to reject any or all performance hereunder and to require touchup and/or follow-up services to the City’s satisfaction and without further compensation.
b. Contractor shall, during the term of this Contract, maintain a valid City of Corning Business License.
c. Contractor must, at all times during the term of this contract, be a state-licensed contractor in the following categories throughout the term of this agreement: C-53.

2. COMPENSATION / TERM
For those services as outlined in City of Corning Small Pool Resurfacing Project – Scope of Work
a. hereto the City shall pay to Contractor the not to exceed amount of $ unless terminated under Section 3.
b. City will pay Contractor, upon completion of the project. However, should performance not be satisfactory as determined by the Public Works Director, as hereinafter specified, the City may retain and use such funds as the Public Works Director deems appropriate for purposes of ensuring proper performance and/or hiring other general engineering companies to complete to the City’s satisfaction the contract.

3. TERMINATION:

Should contractor fail to perform satisfactorily as herein set forth, City reserves to itself the right to cancel any remaining portion of said contract upon thirty days written notice to Contractor, by notice in writing provided to Contractor at his usual place of business. Should Contractor breach any of the terms and conditions of this contract, or violate any laws, especially those relative to negligent behavior that puts the public at risk, the City reserves unto itself the right to direct Contractor to immediately cease performance and then terminate this contract thereafter, upon thirty days written notice, and pay contractor such amounts as he may then be entitled to on a pro-rata basis (pro-rated according to amount of work satisfactorily completed).

4. PAYMENTS:

The acceptance of the final payment by the Contractor shall constitute a waiver of all claims by them.

5. SUSPENSION OF WORK:

The Public Works Director shall have authority to suspend the work wholly or in part for such period as he may deem necessary to investigate complaints regarding improper or unsafe use of equipment.

6. AUTHORITY OF DIRECTOR OF PUBLIC WORKS:

The Public Works Director shall be the City’s representative in deciding any and all questions that may arise as to the quality or acceptability of the work performed, all questions that arise as to the acceptable fulfillment of the contract on the part of the Contractor, and all questions as to claims and compensation. The City Manager also is authorized to act as the City’s representative at any time with respect to this agreement. Contractor is an independent contractor; therefore the City will not be supervising the work performed or directing Contractor how to do his work but will be expecting the Contractor to perform all work agreed upon in a safe and professional manner according to the terms of this agreement.

7. LAWS TO BE OBSERVED:

The Contractor shall keep themself fully informed of all State, Federal and Municipal Ordinances and/or regulations of the City of Corning which in any manner affect those engaged in or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Contractor must comply with all provisions of the Immigration Reform and Control Act and of the California Labor Code which includes the requirements of the prevailing wage laws and the obligation to register with the Department of Industrial Relations.

8. LABOR DISCRIMINATION:

No discrimination shall be made in the employment of persons in this project because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status or sex of such persons. Violation of this section shall subject Contractor to penalties referenced in Section 1735 of the Labor Code.

9. RESPONSIBILITY FOR DAMAGES:

Neither the City of Corning, the City Council, nor the City Staff, shall be responsible or accountable in any manner for any loss or damage that may happen during the work or any part thereof; or for any materials or equipment used in performing the work; or for injury or damage to any person or persons, either workers or the public; or for damage to adjoining property from any cause whatsoever.

10. LIABILITY INSURANCE:

The Contractor shall secure and maintain in full force and effect, during the term of this agreement and for one year thereafter, a valid comprehensive public liability and property damage insurance policy listing the City as additional insured in the following amounts:
a. $2,000,000.00 for death or injury to any person arising out of any incident or accident; b. $50,000.00 for property damage arising out of any one incident or accident.

11. WORKMAN’S COMPENSATION INSURANCE:

Contractor at all times shall keep fully insured, at his own expense, all persons employed by them in connection with this Agreement as required by Workman’s Compensation and Insurance (California Labor Code Section 3200 et seq.), and shall hold the City free and harmless from all liabilities that may arise by reason of the injuries to any of the employees of the Contractor who are injured while performing at work any labor necessary to carry out the provisions of this agreement.

12. CERTIFICATION OF INSURANCE AND CANCELLATION THEREOF:

The Contractor shall keep on file with the City a Certificate of Insurance duly executed by the Contractor’s insurance carrier or carriers, which shall serve as evidence of the continued existence of said insurance policies. The Contractor’s insurance carriers shall be required to give the City thirty (30) days written notice prior to the cancellation of the Contractor’s Insurance.

13. INDEMNITY, DEFENSE AND HOLD HARMLESS:

The Contractor shall indemnify, defend and save harmless the City of Corning, the City Council, and the City Staff from any suits, claims, liability, loss, damages, fines, penalties, settlements or actions brought by any person or entity for, or on account of, any injuries or damage arising from, or related to in any way, the work performed, or not performed, as set forth in this contract no matter how removed. The City may retain so much of the money due the Contractor as shall be considered necessary until disposition has been made of such suits or claims for damages as aforesaid.

Any defense obligation arising from this contract requires retention of qualified legal counsel of no less than five years of experience in the area of contract litigation.

14. ACCIDENTS:

The Contractor shall provide at the site of the project such equipment and medical facilities as are necessary to supply first aid service to anyone who may be injured in connection with the work.

The Contractor must promptly report in writing to the city all accidents whatsoever arising out of, or in connection with the performance of the work, whether on or adjacent to the job site, which caused death, personal injury, or property damages, giving full details and statements of witnesses. In addition, if death or serious injuries or serious damages are caused, the accident shall be reported to the City immediately by telephone or messenger.

15. SAFETY:

In accordance with generally accepted practices, the Contractor will be solely and completely responsible for the conditions of the job site(s), including safety of all persons and property during the performance of the work. This requirement will apply continuously and not be limited to normal working hours.

16. CONTRACTOR AGREEMENT:

Contractor agrees to perform the services between the hours of 10:00 p.m., and 6:00 a.m., on any day.

17. NON-EMPLOYEE STATUS:

Contractor agrees and affirms that nothing in this agreement causes or creates an employer/employee relationship between City and Contractor.

CERTIFICATION
CITY:

BY: ______________________________ DATED_______________________

CITY MANAGER

CONTRACTOR
BY: ______________________________ DATED_______________________ Contractor

NOTICE TO CONTRACTORS
NOTICE IS HEREBY GIVEN that City of Corning will receive bids for the Furnish and Install One (1) New Diesel Generator.

Bids must be received at City Hall, 794 Third Street, Corning, CA 96021 or emailed to [email protected], not later than 1:30 P.M. on October 20, 2025, at which time the Project Coordinator will open said bids. Bids shall be clearly marked with “Furnish and Install One (1) New Diesel Generator”, together with the name and address of the bidder. The bids will be opened and read publicly and bidders or their agents are invited to be present.

Any request for explanation or interpretation of the Bid Documents must be made in writing no later than 5:00 PM on October 10, 2025. All requests shall be made by email to [email protected] with the subject line of Furnish and Install One (1) New Diesel Generator. Any explanation or interpretation will be made in the form of Addenda to the Contract Documents. All Addenda will be uploaded to www.publicpurchase.com and the City of Corning website at www.corning.org. It will be the bidder’s responsibility to verify that they have received all Addenda. Bidders shall submit signed copies of all Addenda with their Proposals. Oral explanations and interpretations will not be binding.

A Pre-Bid Walk may be done at the bidders' discretion. Please coordinate this with the Public Works Director at 530-824-7025.

PROPOSAL FORM
The undersigned, as bidder, declares that the vendor has carefully examined the conditions and specifications and hereby agrees that if the vendors proposal is accepted, they will furnish and install ONE (1) NEW DIESEL GENERATOR including all options listed, at the sewer lift station located in Corning, CA 96021.

DESCRIPTION OF BID ITEM: ONE (1) NEW DIESEL GENERATOR. The generator shall meet the specifications listed in Exhibit A.

BID: $____________________
SALES TAX: $____________________
TOTAL BID AMOUNT: $____________________
The total bid amount herein is firm and is not subject to change.

The City of Corning reserves the right to reject any and all bids submitted or to waive any irregularity. In the event of identical bids, the City of Corning will be the sole judge of the Company to receive the bid.

Formal bids will be accepted at Corning City Hall, 794 Third Street, Corning, CA 96021 or via email to [email protected] until 1:30 p.m. on October 20, 2025. All bids must be clearly marked “SEALED BID – ONE (1) NEW DIESEL GENERATOR – DO NOT OPEN” ________________________ ___________________ _____
Signature of Company Representative Company Name
___________________ ___________________________________ Date Address

___________________________________
___________________________________
Phone
Department Of Public Works
Bid Specifications
For ONE (1) NEW DIESEL GENERATOR

1. General Requirements
a. Contractor shall provide all labor, materials, equipment, and services required for removal of the existing generator, installation of new diesel generator, ATS, and associated components.
b. Work shall be performed in compliance with all applicable codes and standards (EPA, NFPA, NEC, CSA, UL, state and local codes).
c. Contractor must be licensed, registered for public works, and pay prevailing wages in accordance with California Labor Code.

2. Diesel Generator Specifications (Minimum)
a. Rating: 125 kW, Standby duty
b. Voltage: 277/480 V, 3-phase, 4-wire, wye
c. Frequency: 60 Hz
d. Power Factor: 0.8, lagging
e. Engine Speed: 1800 RPM
f. Fuel: Diesel, ASTM D975, Grade 2-D
g. Fuel Tank: Sub-base, double-wall, UL 142 compliant, minimum 48-hour runtime h. Enclosure: Weatherproof, sound-attenuated outdoor type i. Cooling: Integral, liquid-cooled radiator with 50/50 glycol-water solution j. Controls: Digital control panel with monitoring, alarms, protective functions, NFPA 110 compliant
k. Performance:
• Start time: NFPA 110 Type 10 (start within 10 seconds) •Steady-state voltage regulation: ±0.5%
• Frequency regulation: ±0.25%
• Transient recovery: ≤20% deviation, recovery within 5–6 seconds l. Compliance: NFPA 30, 37, 70, 99, 110; UL 2200; EPA Tier 3 emissions m. Warranty: Minimum 5 years / 2,000 hours, parts and labor

3. Automatic Transfer Switch (ATS) (Or Equal to)
a. Type: Standard (open) transition, contactor-type
b. Rating: 200 A, 480 V, 3-pole, 4-wire solid neutral
c. Enclosure: NEMA 3R outdoor, UL 1008 listed
d. Performance:
• Mechanically held contacts
• In-phase monitor for safe transfer with motor loads
• Withstand and close-on rating per UL 1008
e. Controller Features:
• Digital display for voltage, frequency, source status • Adjustable time delays for start, transfer, and retransfer • Engine exerciser function
• Remote annunciation capability
f. Warranty: 2 years minimum from startup

4. Installation Requirements
a. Remove existing generator and dispose per environmental regulations. b. Provide new concrete equipment pad for generator and ATS. c. Connect generator to existing fuel and electrical systems, making modifications as required for proper operation.
d. Provide vibration isolators and flexible connections for fuel, exhaust, and cooling systems. e. Install remote emergency-stop switch per NFPA 70.

5. Testing & Commissioning
a. Perform factory testing per IEEE 115 and NFPA 110.
b. Perform on-site startup, load testing, and automatic transfer testing in presence of City staff. c. Verify generator and ATS performance under simulated power failure. d. Provide sound and exhaust emissions compliance reports.

6. Documentation & Training
a. Provide O&M manuals, as-built drawings, and recommended spare parts list. b. Deliver warranty certificates.
c. Provide training for City staff on operation, safety, and routine maintenance.

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TASK ORDER #10

SCOPE OF WORK
4TH STREET REHABILITATION PROJECT

SERVICES PROVIDED
NorthStar has prepared the following scope of services to develop the project design and subsequent construction bid documents that best support the successful implementation of this project. This scope is based on our understanding of the project at the time of this proposal, a recent site visit, and the Design Team’s collective experience with similar improvement projects.

We appreciate the opportunity to discuss the scope of this project and the respective level of effort during the proposal process.

PROJECT DESCRIPTION
The scope of work for the 4th Street Rehabilitation Project consists of pavement maintenance, rehabilitation, and striping for the stretch of 4th Street, from South Street to Fig Lane, see Exhibit A.

The existing roadway conditions will be evaluated and a determination of what methods of rehabilitation will be required. Depending on available funding this project may include improvements or repairs to the existing curb, gutter, valley gutter and sidewalk or provide additional ADA infrastructure improvements.

Task 10.A Project Management
NorthStar will perform the various services and activities associated with management of the contract. Diligent contract management is a critical component in successfully managing public funds.

PROJECT ADMINISTRATION AND OVERHEAD
Project Administration and Overhead includes front office and project administration including but not limited to, contract management, managing insurance policies, packaging, mailing and deliveries, billing, Ajera billing software setup, certified payroll invoicing, etc.

PROJECT COORDINATION
Explicit and thorough communication with the City is vital to the success of any project, and as such the NorthStar design team segregates this as a separate scope and budget component to acknowledge and account for this element during the life of the project development. To effectively manage the project NorthStar anticipates regular meetings for the duration of the project with the City to review project progress and activities.

QUALITY ASSURANCE / QUALITY CONTROL
NorthStar’s approach to quality assurance and control program has been developed over the course of performing engineering consulting services for a variety of clients and complex projects over the past 40 years. Two primary methods for consistently delivering a quality product on-time and within budget; internal communications that established a clear level of expectations, and peer review for clarity and accuracy for salient deliverables.

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Task 10.B Topographic Survey
NorthStar will conduct a topographic survey utilizing a SLAM based mobile laser scanner and prepare a topographic map suitable for use as the base map for the design of the proposed improvements. The topographic survey area will be as shown on the attached Exhibit “A”. The topographic survey shall include: all existing site improvements, hardscape features, topographic features, trees larger than 5” in diameters a breast height, surface utilities, fence lines, and roadway improvements.

Utilities will be plotted on the topographic map based upon the utility system maps, as-built drawings and surface locations of utility facilities. Storm drain and sewer inverts will be obtained at the inlets and manholes fronting the site.

DELIVERABLES:
• Topographic base map in an AutoCAD Civil 3D 2018 drawing file format • Signed PDF copy of the topographic survey
Task 10.C Design
Civil Design: 60% Plans
The 60% design package serves multiple functions is the design process such as identifying and resolving site specific prospective challenges. Utilizing this phase of development for problem solving and iterative design prevents unnecessary expenditure of resources on an errant design trajectory.

This task is intended to perform the bulk of the design effort, and will include developing the bid item list, quantities, engineers estimate, and special (technical) specifications. The project plans will include label detailing, notes, and design refinements to support implementation of the project by any contractor.

DELIVERABLES:
• 60% Complete Civil Design
• Engineers Estimate
• Technical specifications
Final Design and Contract Documents
After receiving comments from City of Corning on the 60% level of design, the Contract and Construction Documents will be refined to address applicable comments and best support constructability of the project.

DELIVERABLES:
• One digital copy set of the project Technical Specifications, Bid Quantity List and Engineers Estimate.
• One set of 100% hard copy and digital copy of (24x36) construction documents

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Task 10.D Bidding
NorthStar will aid the City during the construction bidding and awarding process. Specifically, NorthStar will attend a pre-bid meeting with the prospective contractors and provide technical support to the City by answering and documenting questions from potential bidders and staff.

NorthStar will also provide written responses to contractor requests for information (RFI’s) during the bidding process and draft addendums as applicable.

NorthStar will coordinate and assist the Client with the following:
• Pre-bid Meeting
• Answer any questions from contractors and/or bidders
• Responses to questions will be provided via phone and/or email to the city. A formal response to any questions asked will be done with and addendum that will be released to all bidders

PROJECT EXCLUSIONS
• Environmental Review: Including preparation of a Notice of Exemption (NOE) for the proposed project pursuant to CEQA Guidelines Section 15062 and Appendix E • Boundary Survey
• Soils Report/ Investigation
• Construction Staking can be provided for an additional cost • Utility Improvements
• Construction administration
• Construction inspection

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EXHIBIT “B”

COST PROPOSAL
CONSULTANT FEE: The estimated fee to complete the Scope of Services is: $ 42,785.00 Task 1: Project Management $ 4,755
Task 2: Topographic Survey $ 15,775
Task 3: Design $ 18,110
Task 4: Bidding $ 4,145

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IN WITNESS WHEREOF, the parties hereby execute this Agreement upon the terms and conditions stated above and on the date first above written.

CLIENT:CLIENT:

BY: BY:

TITLE: TITLE:

SIGNED: SIGNED:

DATE: DATE:

CONSULTANT: CONSULTANT:

BY: Robin Kampmann BY: Mekena K. Galka
TITLE: Department Manager TITLE: Associate Engineer
LICENSE NO. RCE 73943 LICENSE NO. RCE 94638
SIGNED: SIGNED:

DATE: DATE:

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EXHIBIT B

STANDARD HOURLY RATES
Effective July 1, 2025 through June 30, 2026*
Engineering Hourly Rate
Principal Engineer $260
Senior Managing Engineer $235
Senior Engineer $210
Associate Engineer $185
Assistant Engineer $160
Junior Engineer $135
Senior Technician $155
Associate Technician $130
Assistant Technician/Intern $105
Surveying
Principal Surveyor $260
Senior Managing Surveyor $235
Senior Surveyor $210
Associate Surveyor $185
Assistant Surveyor $160
Senior Survey Technician $155
Associate Survey Technician $130
Assistant Survey Technician $105
One Person Survey $200
Two Person Survey Crew $295
One Person Survey (Prevailing Wage) $235
Two Person Survey Crew (Prevailing Wage) $375
One Person with Scanner $725
One Person with Scanner (Prevailing Wage) $760
Planning Hourly Rate
Principal Planner $190
Administrative Hourly Rate
Project Management $180
Administrative $100
Other Rate
Litigation Support – Expert Witness Testimony $500 per hour Mileage Current Federal
Reproduction, Materials, Fees, Special Mail, etc. Cost + 15% Rate Subcontractors Cost + 15%
*Rates typically increase 4-5% per year

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Exhibit A: Project Extents

FIG LANE

CENTER STREET
SOUTH STREET 5TH STREET 4TH STREET

BID PACKET

CITY OF CORNING

TOOMES AND LOLETA REHABILITATION

PROJECT
BIDS DUE ON OR BEFORE:
3:00 P.M.
22 DAY, OCTOBER_, 2025

CONTENTS TOTAL PAGES
NOTICE TO CONTRACTORS......................................................... 1 PROJECT DESCRIPTION .............................................................. 1 BIDDING REQUIREMENT SUMMARY ........................................... 1 INSTRUCTIONS TO BIDDERS ....................................................... 5 PROPOSAL BID FORMS ................................................................ 7 NON COLLUSION AFFIDAVIT ........................................................ 1 BIDDERS BOND ............................................................................. 3 AGREEMENT .................................................................................. 5 PERFORMANCE BOND ................................................................. 3 LABOR AND MATERIAL PAYMENT BOND .................................... 3 GENERAL CONDITIONS .............................................................. 36 SUPPLEMENTARY CONDITIONS .................................................. 6 GENERAL REQUIREMENTS ........................................................ 42 SPECIFICATIONS ......................................................................... 31 DRAWINGS ................................................................................... 10

NOTICE TO CONTRACTORS
NOTICE IS HEREBY GIVEN that City of Corning, will receive bids for the Toomes and Loleta Rehabilitation Project.

Bids shall be submitted on forms included in the Bid Packet. Copies of the Bid Packet and the drawings may be obtained from City website at www.corning.org.

Copies are on file and open to public inspection at City Hall at 794 Third Street, Corning, CA 96021.

Bids must be received at City Hall, 794 Third Street, Corning, CA 96021, not later than 3:00 P.M. on October 22, 2025, at which time the Project Coordinator will open said bids. Bids shall be submitted in sealed envelopes and marked in the upper left-hand corner, “Toomes and Loleta Rehabilitation Project”, together with the name and address of the bidder. The bids will be opened and read publicly and bidders or their agents are invited to be present.

Any request for explanation or interpretation of the Bid Documents must be made in writing no later than 5:00 PM on October 17, 2025. All requests shall be made by email to [email protected] with the subject line of Toomes and Loleta Rehabilitation Project. Any explanation or interpretation will be made in the form of Addenda to the Contract Documents. All Addenda will be uploaded to www.publicpurchase.com and the City of Corning website at www.corning.org. It will be the bidder’s responsibility to verify that they have received all Addenda.

Bidders shall submit signed copies of all Addenda with their Proposals. Oral explanations and interpretations will not be binding.

There will be a mandatory pre-bid walk-thru on Tuesday, October 14th, at 1:00 p.m., at the project site located at the intersection of Toomes Ave and Fig Lane, Corning, CA 96021.

PURCHASING AGENT, BRANT MESKER
By: CITY MANAGER
Publish in the Red Bluff Daily News on October 3, 2025. Send proof of publication and invoice to:

City Hall, 794 Third Street, Corning, CA 96021. Prior to publication, please email proof to [email protected] Attn: Elijah Stanley

PROJECT DESCRIPTION

TOOMES AND LOLETA REHABILITATION PROJECT
The scope of work for Toomes & Loleta Rehabilitation Project consists of pavement maintenance, rehabilitation, and striping for the stretch of Toomes Avenue, from Loleta Avenue to Fig Lane, and Loleta Avenue from Highway 99 West to Toomes Avenue. This project does not include improvements to the sidewalk, curb, gutter, or any ADA improvements.

This is only a summary. See the entire project document for the full scope of the project.

Bidding Requirement Summary

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BIDDING REQUIREMENT SUMMARY

1. PROJECT TITLE: Toomes and Loleta Rehabilitation Project

2. PROJECT LOCATION: Toomes and Loleta Avenure Corning, CA 96021

3. BID OPENING DATE: October 22, 2025, at 3 :00 PM

4. BID PLACE: City Hall, 794 Third Street, Corning, CA
96021

5. MANDATORY PRE BID MEETING: October 14, 2025, 1:00 PM At the project location.

6. BID SECURITY: 10% of maximum amount of bid

7. CONSTRUCTION TIME PERIOD: 35 Working Days

8. LICENSE REQUIREMENTS: Class A General Engineering

9. LIQUIDATED DAMAGES: $3,600.00 per day

10. LABOR AND MATERIALS PAYMENT BOND: 100% of the total bid

11. PERFORMANCE BOND: 100% of the total bid

12. PREVAILING WAGE RATES: Yes

13. BID VALID FOR: 60 Days

14. NON-REFUNDABLE DEPOSIT
FOR CONTRACT DOCUMENTS: N/A

15. ESTIMATE OF CONSTRUCTION COSTS: $400,000.00

16. ISSUED CONSTRUCTION DOCUMENTS:
publicpurchase.com Corning.org

Page 1 of 7 ends

PROPOSAL BID FORMS

CITY OF CORNING
City of Corning
Corning, CA
The undersigned bidder, in accordance with the Notice to Contractors, hereby proposes and agrees to furnish any and all services necessary to perform all Work required by the Contract Documents for the:

TOOMES AND LOLETA REHABILITATION PROJECT
including, but not limited to, furnishing all required labor, materials, taxes, permits, insurance, bonds, transportation, scaffolding, equipment, facilities, utilities, and incidentals.

If awarded the Contract, the undersigned hereby agrees that within ten (10) working days after receipt of the Contract from the City, he will sign the Contract in the required form, of which the Notice to Contractors, Instructions to Bidders, Proposal, Bid Forms, Bonds, General and Supplementary Conditions, Drawings, Specifications, and all Addenda issued prior to the opening of bids, are a part.

The undersigned agrees to complete all work required under the Contract within 90 working days and accept in full payment the price named in the Bid Proposal, which is bound herein and made a part of this proposal.

The undersigned declares that he has carefully checked all of the figures submitted on the Bid Proposal and understands that the City will not be responsible for errors or omissions on the part of the undersigned in making up this bid.

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Bidder hereby certifies that the Bidder has reviewed and understands the insurance coverage requirements and bonding requirements, as specified in the General Conditions, Article 5 – Bonds and Insurance. Should the Bidder be awarded the contract for the work, Bidder further certifies that the Bidder can meet the specified requirements for bonding and insurance, including insurance coverage of the subcontractors, and agrees to name the City of Corning, its elected officials, officers, and employees as additional insured for the work specified. The undersigned agrees to secure the required insurance and bonds and submit them prior to or concurrent with the return of the signed Contract.

Accompanying this proposal is a "Cashier’s Check", "Certified Check" or "Bidder’s Bond", as the case may be, in an amount equal to at least ten percent (10%) of the total of the bid.

Name (print) Representing (Firm)
Signature
Title
Taxpayer I.D. No.

Business Address
Contractor’s License No.

Department of Industrial Relations (DIR) Registration No.

Receipt of the following Addenda is hereby acknowledged:

Addendum No. Bidder’s Initials
Addendum No. Bidder’s Initials
Addendum No. Bidder’s Initials

Page 3 of 7 ends

PROPOSAL FOR

TOOMES AND LOLETA REHABILITATION PROJECT
The undersigned bidder hereby proposes and agrees to furnish any and all services necessary to perform all Work required by the Contract Documents:

Bid: Furnish all labor, materials, taxes, insurance, bonds, transportation, equipment, facilities, utilities, and incidentals for the “TOOMES AND LOLETA REHABILITATION PROJECT” for the sum as listed below.

NOTE: The project will be awarded on the “Base Bid” amount, which includes but not limited to (Explain Base Bid components)

ITEM ITEM DISCRIPTION

ESTIMATED

QUANITITY

UNIT OF

MEASUREMENT
UNIT

PRICE AMOUNT
1 Mobilization
1 LS $ $
2 Temporary Traffic Control
1 LS $ $
3 Clearing and Grubbing
1 LS $ $
4 Storm Water Pollution Prevention Plan (SWPPP)
1 LS $ $
5 Full Depth Reclamation with 4% Cement (FDR-C) 3696 CY $ $ 6 Asphalt Concrete (2" HMA Type A)
1343
TON $ $
7 Thermoplastic Striping "AHEAD" Marking (Caltrans Std.

A24D)
31 SF $ $
8 Thermoplastic Striping "STOP" Marking (Caltrans Std. A24D) 132
SF $ $
9 Thermoplastic Striping "35" Marking (Caltrans Std. A24C) 33 SF $ $
10 Thermoplastic Striping Stop Limit Line (Caltrans Std. A24F) 114
SF $ $
11 10" Corrigated Metal Pipe Culvert Replacement
64 LF $ $

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BASE BID : (The project will be awarded on the Base
Bid amount)
dollars
(written numbers)
$
(figures)
Bidder
Date

Page 5 of 7 ends

TOOMES AND LOLETA REHABILITATION PROJECT

LIST OF SUBCONTRACTORS
Pursuant to Public Contract Code 4104, the undersigned bidder shall list the name and location of business of each Subcontractor who will perform work, labor or service to the bidder under this Contract in excess of one-half of one percent (1/2%) of the total amount shown in the bid, and shall also list the item or portions of the Work which will be done by such Subcontractor for any item or portion of Work to be performed.

LIST OF SUBCONTRACTORS:

All blanks below must be completed for each subcontractor. Failure to do so may cause your bid to be declared nonresponsive:

Subcontractor
Name:

Location of place of business:

License No.

DIR No.

Work to be done:

Subcontractor
Name:

Location of place of business:

License No.

DIR No.

Work to be done:

Subcontractor
Name:

Location of place of business:

License No.

DIR No.

Work to be done:

Page 6 of 7 ends

Subcontractor
Name:

Location of place of business:

License No.

DIR No.

Work to be done:

Subcontractor
Name:

Location of place of business:

License No.

DIR No.

Work to be done:

Subcontractor
Name:

Location of place of business:

License No.

DIR No.

Work to be done:

Subcontractor:

Name:

Location of place of business:

License No.

DIR No.

Work to be done:

No Contractor may perform work on a public works project with a Subcontractor who is ineligible to perform work on a public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code.

Page 7 of 7 ends

TOOMES AND LOLETA REHABILITATION PROJECT

INFORMATION REQUIRED OF BIDDERS
The bidder is required to supply the following information.

1. Firm Name

2. Representative

3. Title

4. Business Address

6. Telephone Cell # Fax #

7. Email Address

8. California Contractors License(s):

No(s). Type(s)

9. California Department of Industrial Relations Registration No.

Page 1 of 1 ends

City of Corning

NON-COLLUSION

AFFIDAVIT CITY OF

CORNING

TO BE EXECUTED BY THE BIDDER AND SUBMITTED WITH THE BID To: City of Corning
State of
California
deposes and says that he or she is (title) of
, the party making the foregoing bid 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; 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, 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 association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. (The above certificate must be signed and filed with the City along with the bid) Signed Date

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BIDDER'S BOND
(Public Contract)
KNOW ALL MEN BY THESE PRESENTS: That as Principal (herein called "Principal") and as surety _(hereinafter called "Surety" are held and
firmly bound unto the City of Corning (herein called the "Obligee"), in the just and full sum of ten percent (10%) of the total amount of the base bid submitted by Principal for the herein described work of improvement, which sum is Dollars ($ _) lawful money of the United
States of America, for the payment of which, well and truly to be made, we hereby bind ourselves and our, and each of our, heirs, executors, administrators, successors, and assigns, jointly and severally firmly by these presents.

WHEREAS, Principal is bidding, or is about to bid, for the following described work of improvement, all in accordance with the Notice to Contractors and the Contract Documents for the project entitled:

TOOMES AND LOLETA REHABILITATION PROJECT
NOW, THEREFORE, THE CONDITION OF THE OBLIGATION IS SUCH THAT, if Obligee shall make an award to Principal for said work of improvement according to the terms of such bid, and Principal shall duly execute, or cause to be executed, and delivered to Obligee the Contract, bonds, and evidence of insurance coverage as, and within the time, required by the Contract Documents for the above-named project, which Contract Documents are incorporated herein by this reference, then this obligation shall be null and void; OTHERWISE, it shall remain in full force and effect, and if Obligee shall make such an award to Principal and Principal shall fail to execute, or caused to be executed and delivered to Obligee said instruments as required by the Contract Documents, then surety will pay Obligee the full sum of the bond.

No extension of time granted to the Principal and no change or alteration in any of the terms of the bid or bid requirement, whether made after notice or not, shall release or otherwise affect the obligations of Surety hereunder, and Surety waives notice of any such extension, change, or alteration. Surety, by the execution of this bond, represents and warrants that this bond has also been duly executed by Principal with proper authority, and Surety hereby waives any defense which it might have by reason of any failure of Principal to execute or properly execute this bond.

In the event suit is brought upon this bond by Obligee and judgment is recovered by Obligee, court costs, including reasonable attorneys' fees, shall be an additional obligation of this bond for which Principal and Surety shall be liable.

Signed and sealed the day of , 20 .

PRINCIPAL (Notary Certificate Attached) SURETY (Notary Certificate Attached) NOTE TO SURETY COMPANY: The following form of acknowledgment should be used. If any other form of acknowledgment is used, there must be submitted a certified copy of unrevoked resolution of authority for the attorney-in-fact.

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NOTARY ACKNOWLEDGMENT

STATE OF )

CITY OF )
On , before me, , a Notary Public in
Name of Notary Public
and for said State, personally appeared ,
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal
(SEAL)
Signature of Notary Public
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.

Page 3 of 3 ends

NOTARY ACKNOWLEDGMENT

STATE OF )

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

Page 1 of 5 ends

AGREEMENT FORM
THIS AGREEMENT, entered into as of , 2025, is between the City of Corning, a public entity, organized and existing pursuant to the laws of the State of California (hereinafter called the "CITY"), and (hereinafter called the "Contractor"), WHEREAS, the Contractor has been awarded the contract for the work hereafter mentioned:
“ Toomes and Loleta Rehabilitation Project”
WITNESSETH:

That the parties hereto mutually agree to the terms and conditions hereinafter set forth.

I. CONTRACT DOCUMENTS
The Items hereinafter enumerated as the Contract Documents shall form a part of this Contract and the provisions thereof shall be as binding upon the parties hereto as if they were herein fully set forth.

Work called for in any one Contract Document and not mentioned in another is to be performed and executed the same as if mentioned in all Contract Documents, the table of contents, titles, and headings contained herein and in said documents are solely to facilitate reference to various provisions of the Contract Documents and in no way affect or limit the interpretations of the provisions to which they refer.

The "Contract Documents", sometimes also referred to as the Contract, consist of the completed Form of Proposal submitted by the Contractor to whom the Contract is awarded, the Instructions to Bidders insofar as they relate to events which will occur or actions to be taken after the submission of the Proposal, this Agreement to which the General Conditions are attached, the General Requirements, the Supplementary Conditions, the Drawings and Specifications and any modifications of any of the foregoing in the form of addenda or otherwise effected in accordance with the terms of the Contract.

The sections of the CITY's Specifications and the titles of the Drawings, with their assigned numbers and their date of issue, are listed in the Contract Documents.

II. DEFINITIONS
Unless otherwise specifically provided herein, all words and phrases defined in the General Conditions shall have the same meaning and intent in this Agreement.

Page 2 of 5 ends

III. SCOPE OF THE CONTRACT
The Contractor shall perform, within the time stipulated, the Contract as herein defined, and shall furnish all labor, tools, equipment, apparatus, facilities, labor and material and transportation necessary to perform and complete in a good workmanlike manner to the satisfaction of the CITY, all the work called for, and in the manner designated in, and in strict conformity with, the Contract Documents entitled:
“ Toomes and Loleta Rehabilitation Project”
IV. CONTRACT PRICE
BASE BID PRICE:

The CITY agrees to pay and the Contractor agrees to accept, in full payment for the work included in the bid for the sum of:
($ ).
(spell out) (figures
In the event that the City issues a change order for work not covered by the contract documents, Contractor’s compensation for that change order shall be determined in accordance with the “Unit Price” rates set forth on page 3 of Contractor’s “Proposal Bid Forms”.

V. CONTRACT TIME, COMPLETION, AND CHANGES
A. Notice to Proceed
Within 60 days of the opening of bids the successful low bidder will be authorized by written notice to proceed with the work. The bidder shall have no claim against the CITY, or its officers, employees, agents, consultants, project manager or architect because of failure to issue the Notice to Proceed, and hereby waives any claim against the CITY in connection with the failure to issue the Notice to Proceed.

B. Commencement and Prosecution of Work
The Contractor shall commence the work on or before 10 days from and after the date specified in the written "Notice to Proceed," and will diligently prosecute the work to final completion. Said Notice to Proceed shall be issued following execution of the Agreement, the filing by the Contractor of the required bonds and proof of insurance. The continuous prosecution of work by the Contractor shall be subject only to delays as defined in this section of this Agreement.

C. Time of Completion
The entire work shall be brought to substantial completion in the manner provided for in the Contract Documents in a period of 30 working days (or calendar days) from and after the date assigned in the Notice to Proceed. The date, 30 working days (or calendar days) from and after the date of the Notice to Proceed shall be hereinafter called the "Estimated Completion Date" unless extensions of time are granted in accordance with the Contract Documents for Category A or B Delays as defined in this section of this Agreement. Failure to substantially complete the work within the above times and in the manner provided for by the Contract Documents shall subject the Contractor to liquidated damages as hereinafter stipulated in this Agreement. Time is and shall be of the essence in these Contract Documents.

Page 3 of 5 ends

D. Changes in the Work
Changes in the work made and extensions of time of completion made necessary by reason thereof shall not in any way release any guarantee given by the Contractor pursuant to the provision of the Contract Documents, or the contract let hereunder, nor shall such changes in the work relieve or release the Sureties on bonds executed pursuant to the said provisions. The Sureties, in executing such bonds, shall be deemed to have expressly agreed to any such change in the work and to any extension of time made by reason thereof. The CITY agrees that no changes in the work shall be ordered which will necessitate an extension of the substantial completion time beyond the fixed completion date.

E. Extensions of Time
In the event it is deemed necessary by the CITY to extend the time of substantial completion of the work to be done under this contract beyond any required dates of completion herein specified, such extensions shall in no way release any guarantee given by the Contractor pursuant to the provisions of the Contract Documents, or the contract let hereunder, nor shall such extension of time relieve or release the sureties on the bonds executed pursuant to said provisions. The sureties in executing such bonds shall be deemed to have expressly agreed to any such extension of time. The amount of time allowed in any Extension of Time shall be limited to the period of the delay-giving rise to the same as determined by the CITY.

F. Prevailing Wages
Pursuant to Section 1770 et seq. of the Labor Code the Contractor for the work will be required to pay, at least, the general prevailing wage rates as determined by the Director of the Department of Industrial Relations of the State of California. Questions pertaining to the general prevailing wage rates should be directed to the Division of Labor Statistics and Research, P.O. Box 603, San Francisco, CA 94101. A failure to pay the required prevailing wage my result in a penalty through forfeiture as set forth in Labor Code section 1775.

G. Category A Delays
For the purpose of these Contract Documents, the term "Category A Delays" shall mean, and is limited to, delays caused directly by acts of God; acts of the public enemy; fire, riots, insurrections; epidemics; quarantine restrictions; strikes; lockouts; sit- downs; acts of a governmental agency; priorities or privileges established for the manufacture, assembly or allotment of materials necessary in the construction of the work by order, decree or otherwise of the United States or by any department, bureau, commission, committee, agent, or administrator of any legally constituted public authority; changes in the work ordered by the CITY insofar as they necessarily require additional time in which to substantially complete the work; the prevention by the CITY of the Contractor from commencing or prosecuting the work because of the acts of others, excepting the Contractor's subcontractors; or the prevention of the

Page 4 of 5 ends

Contractor from commencing or prosecuting the work because of a city-wide failure of public utility service.

Inclement weather shall not be a prima facie reason for the granting of an extension of time, and the Contractor shall make every effort to continue work under prevailing conditions. The CITY may, however, grant an extension of time if an unavoidable delay as a result of inclement weather in fact occurs, and such shall then be classified as a "Category A Delay".

The term "Category A Delay" shall specifically not include (i) any delay which could have been avoided by the exercise of care, prudence, foresight and diligence on the part of the Contractor; (ii) any delay in the prosecution of parts of the work, which may in itself be unavoidable but which does not necessarily prevent or delay the prosecution of other parts of the work, nor substantial completion of the whole work within the time specified; (iii) any reasonable delay resulting from time required by the CITY for review of plans submitted by the Contractor and for the making of surveys, measurements and inspection; and (iv) any delay arising from an interruption in the prosecution of the work on account of the reasonable interference from other contractors employed by the CITY which does not necessarily prevent the completion of the whole work within the time specified.

H. Category B Delays
For the purposes of these Contract Documents, the term "Category B Delays" shall mean delays caused directly by loss or damage to the project caused by the perils covered by the Builder's Risk insurance provided for by the Agreement or by any war declared by an enactment of the Congress of the United States of America.

VI LIQUIDATED DAMAGES
The provisions for Liquidated Damages appearing in the General Conditions, Article 12, are incorporated by reference as if fully set forth herein. Liquidated damages of $3,600.00 per day will be charged the Contractor for each day of delay beyond the substantial completion date.

VII NOTICE OF DELAY
The Contractor shall promptly notify the CITY in writing of any anticipated delay in the prosecution of the work, and, in any event, promptly upon the occurrence of a delay. Said notice shall constitute an application for an extension of contract time only if it is in compliance with the provisions of Article

12. Failure by the Contractor to make a timely request will result in a waiver of the right to such extension. Contractor shall take notice of General Conditions, Article 12, affecting the time period in which to claim an extension of the contract time for physical conditions and limitations set forth in the General Conditions, Article 12. The CITY may take steps to prevent the occurrence of continuance of the delay and/or may determine to what extent the completion of the work is delayed thereby.

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VIII NO WAIVER OF RIGHTS
Neither the inspection by the CITY or its agents, nor any order or certificate for the payment of money, nor any payment for, nor acceptance of the whole or any part of the work by the CITY, nor any extensions of time, nor any position taken by the CITY or its agents shall operate as a waiver of any provision of this Contract, or of any power herein reserved to the CITY or any right to damage herein provided, nor shall any waiver of any breach of this Contract be held to be a waiver of any other or subsequent breach. All remedies provided in this Contract shall be taken and construed as cumulative, that is in addition to each and every other remedy herein provided; and the CITY shall have any and all equitable and legal remedies which it would in any case have.

IX AGREEMENT CONTROLS
In the event of a conflict between the Contract Documents, the conflict shall be resolved by giving precedence in the following order: (1) This Agreement Form; (2) the General Conditions and General Requirements; (3) the Supplementary Conditions; (4) the Notice to Contractors; (5) the Instructions to Bidders; (6) the Technical Specifications text; (7) the Drawings (Plans).

CERTIFICATION
CITY:

BY:

City Manager

CONTRACTOR
BY:

Contractor
Approved as to form:

DATED
DATED
City Counsel
Performance Bond

Page 1 of 3 ends

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS: That, WHEREAS, the CITY OF CORNING (hereinafter called “City”), has conditionally awarded to (here insert full name and address or legal title of Contractor)
As Principal (hereinafter called “Contractor”) a Contract for the TOOMES AND LOLETA REHABILITATION PROJECT, in the said City of Corning, in accordance with and consisting in part of plans and specifications prepared by the City of Corning, at 794 Third Street, Corning, CA 96021 which Contract also consists of all other parts of the Contract Documents for said project, which Contract is made a part hereof by reference, and is hereinafter referred to as the Contract, and WHEREAS said Contractor is required under the terms of said Contract to furnish a bond for the Faithful Performance of said Contract,
NOW, THEREFORE, we the Contractor and (here insert full name and address or legal title of Surety)
as Surety (hereinafter called “Surety”) are held and firmly bound unto City of Corning, California (hereinafter called “City”) in the sum of
Dollars ($ ), in
lawful money of the United States, for the payment of which sum well and truly to be made Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, unless the above bounden Contractor, his heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and will and truly keep and perform the covenants, conditions and agreements in additions or alterations thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, ENGINEER/ARCHITECT and their employees and their consultants, and their agents, as therein stipulated, then this obligation shall be null and void; otherwise it shall remain in full force and effect.

Contractor agrees not to assign this Contract except upon the written consent and approval of the City or their successor and assigns.

And 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 affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the specifications.

Performance Bond

Page 2 of 3 ends

The Principal and Surety do hereby represent, warranty and guarantee, that the Surety is an “Admitted surety” as that term is, or may be, defined by California statute, regulation or the Department of Insurance.

IN WITNESS THEREOF, the above bounden parties have executed this instrument under their several seals this day of , 20 ,
the name and corporate seal of each corporate party being affixed hereto and these presents duly signed by its undersigned representatives, pursuant to its governing body.

SIGNED AND SEALED THIS day of , 20 .

Print name of Contractor
By
Signature
Title of Signer
Surety Name
By Attorney-in-Fact
(Acknowledgment by Notary Public required)

Title
(SURETY SEAL)
NOTE TO SURETY COMPANY:

The following form of acknowledgment shall be used. If any other form of acknowledgment is used, there must be submitted a certified copy of unrevoked resolution of authority for the attorney-in-fact for each bond issued.

Performance Bond

Page 3 of 3 ends

NOTARY ACKNOWLEDGMENT

STATE OF CALIFORNIA )
) ss.

CITY OF CORNING) )
On , before me, , a
Name of Notary Public
Notary Public in and for said State, personally appeared , Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal
(SEAL)
Notary Public
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.

Labor and Material Payment Bond

Page 1 of 3 ends

LABOR AND MATERIAL PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the CITY of CORNING has awarded to (here insert the full name and address or legal title of Contractor)

hereinafter called “Contractor” a Contract for the Toomes and Loleta Rehabilitation Project in the said City of Corning, in accordance with and consisting in part of plans and specifications prepared by the City of Corning, which Contract also consists of all other parts of the Contract Documents for said project, which Contract is made a part hereof by reference, and is hereinafter referred to as the Contract, and WHEREAS said Contractor is required under the terms of said Contract to furnish a bond in connection with said contract, providing that if said Contractor, or any of his subcontractors, shall fail to pay for any materials, provisions, pro vendor or other supplies, or equipment used, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, then the Surety on this Bond will pay for the same in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought upon the Bond, a reasonable attorney’s fee to be fixed by the Court.

NOW, THEREFORE, we the Contractor and (here insert full name and address or legal title of Surety)

as Surety (hereinafter called “Surety”) are held and firmly bound unto the City of Corning, California (hereinafter called “City”) in the sum of Dollars ($ ), in lawful
money of the United States, for the payment of which sum, well and truly to be made, Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if said Contractor, his heirs, executors, administrators, successors or assigns, or his subcontractors, shall fail to pay for any materials, provisions, provender or other supplies, or equipment used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or shall fail to pay any other amount due to any person named in Section 9100 of the Civil Code, or shall fail to pay any amounts due under the Unemployment Insurance Act with respect to such work or labor performed by any such person, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his/her subcontractors pursuant to Section 18664 of the Revenue and Taxation Code, with respect to such work and labor, then the Surety on this Bond will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought upon this Bond, a reasonable attorney’s fee to be fixed by the Court.

This Bond shall insure to the benefit of any and all persons, companies, corporations, political subdivisions and State agencies, entitled to file claims under the provisions of Section 9100 of the Civil Code of the State of California, as now in effect and as the same may be amended or superseded from time to time, so as to give a right of action to them, or their assigns, if any suit is brought upon this Bond.

And 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 affect its obligations on Labor and Material Payment Bond

Page 2 of 3 ends

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.

The Principal and Surety do hereby represent, warranty and guarantee, the Surety is an “Admitted Surety” as that term is, or may be defined by California statute, regulation or the Department of Insurance.

IN WITNESS WHEREOF, the above bounden parties have executed this instrument under several seal this Day of , 20 . the name and corporate seal of each party being affixed hereto and the present duly signed by its undersigned representative, pursuant to authority of its governing body.

SIGNED AND SEALED THIS _ day of , 20 .

Print name of Contractor
By
Signature
Title of Signer
Surety Name
By Attorney-in-Fact
(Acknowledgment by Notary Public required)
Title
(SURETY SEAL)
NOTE TO SURETY COMPANY:

Labor and Material Payment Bond

Page 3 of 3 ends

NOTARY ACKNOWLEDGMENT

STATE OF CALIFORNIA )
) ss.

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

Page 1 of 36 ends

GENERAL CONDITIONS
TABLE of CONTENTS
Article 1 - DEFINITIONS
Article 2 - PRELIMINARY MATTERS
Execution of Agreement
Delivery of Bonds Copies
of Documents
Contractor's Pre-start Representations
Commencement of Time; Starting the Project
Before Starting Construction
Article 3 - CORRELATION, INTERPRETATION, AND INTENT OF

CONTRACT DOCUMENTS
Article 4 - AVAILABILITY OF LAND, PHYSICAL CONDITIONS, AND

REFERENCE POINTS
Availability of Lands
Physical Conditions
Reference Points
Article 5 - BONDS AND INSURANCE
Contractor's Liability Insurance
Builders Risk Insurance
Performance, Payment and Other Bonds
Responsibility for Damage
Article 6 - CONTRACTOR'S RESPONSIBILITIES
Supervision and Superintendent
Verified Reports
Labor, Materials and Equipment
Substitute Materials or Equipment
Subcontractors
Patent Fees and Royalties
Permits
Laws and Regulations
Taxes
Use of the Premises
Record Drawings
Safety and Protection
Shop Drawings and Samples
Cleaning
Indemnification Books
and Records
Article 7 - WORK BY OTHERS
Article 8 - CITY’S RESPONSIBILITIES
Project Manager
Disputes Resolution
Disputed Work
Claims Submission and Documentation
Decisions on Claims

Page 2 of 36 ends

Release of Undecided Claims
Exhaustion
Article 9 - ENGINEER/ARCHITECT'S STATUS DURING CONSTRUCTION Visits to the Site
Clarifications and Interpretations
Rejecting Defective Work
Shop Drawings and Samples
Limitations on ENGINEER/ARCHITECT's
Responsibilities Article 10 - CHANGES IN WORK
Article 11 - CHANGE OF CONTRACT PRICE
Contract Price
Force Account Payment
Contract Change Order Form
Article 12 - CHANGE OF THE CONTRACT TIME
Contract Time
Liquidated Damages
Article 13 - WARRANTY AND GUARANTEE;
TEST AND INSPECTIONS;

CORRECTION, REMOVAL OR

ACCEPTANCE OF DEFECTIVE WORK
Warranty and Guarantee
Tests and Inspections
Access to Work
Uncovering the Work City
May Stop the Work
Correction or Removal of Defective Work
One-Year Correction Period
Acceptance of Defective Work
Work Neglected by Contractor
Article 14 - PAYMENTS AND COMPLETIONS
Schedules
Application for Progress Payment
Contractor's Warranty of Title
Approval of Payments
Notice of Completion
Partial Utilization Final
Inspection
Final Application for Payment
Approval of Final Payment
Contractor's Continuing Obligation
Waiver of Claims
Price Reduction for Defective Cost or Pricing Data
Covenant Against Contingent Fees
Gratuities
Article 15 - SUSPENSION OF WORK AND TERMINATION
City May Suspend Work
City May Terminate

Page 3 of 36 ends

Article 16 - MISCELLANEOUS
Giving Notice
General
Article 17 - EQUAL OPPORTUNITY
Article 18 - STATE LAWS

Page 4 of 36 ends

ARTICLE 1 - DEFINITIONS
Whenever used in these General Conditions or in the other Contract Documents, the following terms have the meanings indicated which are applicable to both the singular and plural thereof:

1.1 Agreement - The written and signed contract between the City and the General Contractor that is entitled "Agreement."

1.2 Application for Payment - The form furnished by the City to be used by the Contractor in requesting progress payment. This includes the schedule of values and an affidavit of Contractor that progress payments received on account of the work have been applied by Contractor to discharge in full all of the Contractor's obligations as reflected in prior Applications for Payment and otherwise.

1.3 ENGINEER/ARCHITECT - The person licensed by the State of California (ENGINEER/ARCHITECT or engineer) who is fully responsible for the Contract Drawings and Project Manual, Addenda and modifications.

1.4 Bid - The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the work to be performed.

1.5 Bidder - Any person, firm or corporation, licensed in the State of California, submitting a bid for the work.

1.6 Bonds - Bid, performance, and labor and material payment bonds and other instruments of security, including lien and stop-notice bonds, furnished by the Contractor and his Surety in accordance with the Contract Documents.

1.7 Calendar Day (or "Day") - A day of twenty-four hours measured from one midnight to the next midnight, Pacific time. Unless otherwise indicated, a "day" shall mean a calendar day.

1.8 Change Order - A written order, issued by the Project Manager to Contractor, signed by the Project Manager, ENGINEER/ARCHITECT and City authorizing an addition, deletion or revision in the work, or an adjustment in the contract price or the contract time.

1.9 Contract Completion Date - The date established in the Contract Documents for the completion of the construction phase of the project, namely, the Estimated Completion Date and Fixed Completion Date.

1.10 Contractor - The person, firm or corporation with whom City has executed the Agreement and who is fully responsible for the performance of the work.

1.11 Contract Documents - The Agreement, Addenda, Contractor's Bid, the Bonds, and Notice of Award, these General Conditions, Supplementary Conditions, Specifications, Plans, Drawings and Modifications. The Contract Documents form the Contract for Construction. This Contract represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations, or agreements, either written or oral. The Contract may be modified or amended only by a Modification as defined in these General Conditions.

1.12 Contract Price - The total amount stated in the Agreement as payable to Contractor for the performance of the work under the Contract Documents, including authorized adjustments thereto.

1.13 Contract Time - The total amount stated in the Agreement for the completion of the work.

1.14 City – City of Corning, a public entity organized and existing pursuant to the laws of the State of California and the Owner of the Project.

1.15 Drawings - The drawings and/or plans which show the character and scope of the work to be performed, and which have been prepared or approved by the ENGINEER/ARCHITECT and are referred to in the Contract Documents.

1.16 Field Order - A written order issued by the Project Manager which clarifies or interprets the Contract Documents in accordance with paragraph 9.2, or orders minor changes in the work in accordance with paragraph 11.3.

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1.17 Furnish - To “supply and deliver to the Project site, ready for unloading, unpacking, assembly, installation, and similar operations.”

1.18 General Conditions - That part of the Contract Documents which sets forth many of the rights, responsibilities and relationships of the parties involved or of the contract.

1.19 General Requirements - The General Requirements are contained in Division 1 of the Specifications in these Contract Documents. The General Requirements are the administrative functions which the Contractor is bound to perform by the Contract.

1.20 Inspector - An authorized representative of the City of Corning who is assigned to make a detailed inspection of any or all portions of the work or materials thereof.

1.21 Install - Describes operations at project site including the actual “unloading, unpacking, assembly, erection, placing, anchoring, applying, working to dimension, finishing, curing, protecting, cleaning, and similar operations.”

1.22 Instructions to Bidders - That part of the Bidding Requirements which contain the format of the bid, and the availability of the Contract Documents.

1.23 Notice of Award - The written notification to the Contractor, from the Owner, of the Owner's intent to execute the Contract.

1.24 Notice to Bidders - A notice contained in the Bidding Requirements informing prospective bidders of the opportunity to submit bids on a project and setting forth the procedures for doing so.

1.25 Notice to Proceed - The written notice given by the City to Contractor fixing the date on which Contractor shall start to perform his obligations under the Contract Documents.

1.26 O.P.C.I. - Owner purchased/Contractor receives, stores, and installs.

1.27 Per - In accordance with or in compliance with.

1.28 Progress Payment - Payment for work completed by measuring the work in place and applying the percentage complete of the measured amount to a previously agreed unit cost to determine the total payment.

1.29 Project - The entire work to be performed as provided in the Contract Documents.

1.30 Project Manager - The authorized representative of City of Corning.

1.31 Project Manual - A part of the Contract Documents containing Introductory Information, Bidding Requirements, Contracting Requirements, Specifications, and Opening and Room Finish Schedules bound in one or more volumes.

1.32 Project Work Schedule - A diagram showing proposed times of starting and completing various elements of the work.

1.33 Provide - “To furnish and install, complete and ready for the intended use.”

1.34 Punch List - A list, made near the completion of work, indicating items to be furnished or work to be performed by the Contractor or Subcontractor in order to complete the work as specified in the Contract Documents.

1.35 Schedule of Values - A statement furnished by the Contractor to the Project Manager reflecting the portions of the contract sum allotted for the various parts of the work.

1.36 Shop Drawings - All drawings, diagrams, illustrations, brochures, schedules and other data which are prepared by the Contractor, a subcontractor, manufacturer, supplier or distributor and which illustrate in detail the equipment, material or some portion of the work.

1.37 Specifications - The portion of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the work.

1.38 Subcontractor - An individual, firm or corporation having a direct contract with the Contractor, or with any other subcontractor, for the performance of a part of the work.

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1.39 Substantial Completion, Date of - The date as certified by the City in a Notice of Completion pursuant to paragraph 14.8 of these General Conditions.

1.40 Work - The completed construction in the manner required by the Contract Documents. This includes without limitation all labor, services, and supervision necessary or appropriate to produce such construction, all materials, supplies and equipment incorporated or to be incorporated in such construction, and all obligations, duties and responsibilities with respect to such construction set forth in the Contract Documents.

1.41 Working Day - Any day not a legal holiday, Saturday or Sunday.

ARTICLE 2 - PRELIMINARY MATTERS

2.1 Execution of Agreement:

2.1.1 The Agreement and such other Contract Documents as designated by the City, shall be executed in three counterparts and delivered by the Contractor to the City within fifteen (15) days of the Notice of Award. City will execute and deliver one counterpart to Contractor within ten (10) days of receipt of the executed Agreement from Contractor.

2.2 Delivery of Bonds:

2.2.1 Prior to execution of the Agreements by the Contractor, Contractor shall deliver to City such Bonds as he is required to furnish in accordance with the Contract Documents.

2.3 Copies of Documents:

2.3. 1 City shall furnish to Contractor 5 copies of the Contract Documents for the execution of the work. Additional copies will be furnished at cost of reproduction upon request.

2.4 Contractor's Pre-Start Representations:

2.4.1 Contractor represents that he has familiarized himself with, and assumes full responsibility for having familiarized himself with, the nature and extent of the Contract Documents, work, locality and with all local conditions including federal, state and local laws, ordinances, rules and regulations that may in any manner affect performance of the work, and represents that he has correlated his study and observations with the requirements of the Contract Documents.

2.4.2 Contractor also represents that he has familiarized himself with all surveys and investigation reports of surface and latent physical and that he has correlated the results of all such data with the requirements of the Contract Documents.

2.5 Commencement of Time; Starting the Project

2.5. 1 The contract time will commence on the date fixed by the Notice to Proceed. The Contractor shall start to perform the work under the Contract Documents on or before the tenth working day after the date assigned in the Notice to Proceed.

2.5.2 The provisions set forth in Section VI of the Agreement are incorporated by reference as if fully set forth herein.

2.6 Before Starting Construction:

2.6. 1 The Contractor shall carefully study and compare the Contract Documents; check and verify pertinent figures shown thereon; and verify all applicable field measurements prior to undertaking each part of the work. He shall at once report in writing to the Project Manager any conflict, error or discrepancy which he may discover. Contractor shall be responsible for exercising reasonable care and skill in reviewing the Contract Documents to determine whether there is any conflict, error or discrepancy therein, and shall be responsible for notifying the Project Manager. No claim for additional compensation shall be made by the Contractor for extra work created by Contract Document conflicts, errors or discrepancies which a reasonable Contractor would have discovered prior to commencing work.

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2.6.2 Contractor shall submit the required Schedule of Values and activity cost information in accordance with the General Requirements of these specifications.

2.6.3 The Contractor shall furnish the City all certificates of insurance required by the Contract Documents after the "Notice of Conditional Award" and prior to the "Notice to Proceed," in types and amounts set forth in Article 5.

ARTICLE 3 - CORRELATION, INTERPRETATION, AND INTENT OF CONTRACT DOCUMENTS

3.1 It is the intent of the Contract Documents to describe a complete project to be constructed. As stated in paragraph 1.11, the Contract Documents comprise the entire contract between City and Contractor. They may be altered only by a Modification, as defined in paragraph 1.11.

3.2 The Contract Documents are complementary, and what is required by any one shall be as binding as if required by all. Work not specifically covered in the Contract Documents shall nonetheless be required if it is consistent therewith and is reasonably inferable therefrom as being necessary or appropriate to produce the intended results. Should the Contractor discover a conflict, error, or discrepancy in the Contract Documents, he (she) shall immediately call it to the attention of the City in writing before proceeding with the work affected. Contractor agrees that proceeding with work without first giving such notice shall constitute a waiver by Contractor of any claim for additional time or money. Where there is a conflict, the Contract Documents, Specifications shall govern over the drawings; figure dimensions and drawings shall govern over scale drawings. Words and abbreviations that have technical or trade meanings are used in the Contract Documents in accordance with such recognized meanings.

ARTICLE 4 - AVAILABILITY OF LANDS, PHYSICAL CONDITIONS, AND REFERENCE POINTS

4.1 Availability of Lands:

4.1.1 City shall furnish the lands upon which the work is to be done, right-of-way for access thereto, and other such lands which are designated in the Contract Documents for the use of the Contractor.

Contractor shall provide all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment.

4.2 Physical Conditions:

4.2.1 The Contractor shall immediately, and before any such conditions are disturbed, notify the Project Manager in writing of subsurface or latent physical conditions at the site differing materially from those indicated in the Contract Documents; or unknown and unforeseen physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents. The Project Manager shall promptly investigate the conditions, and if he finds that such conditions do materially so differ to cause an increase or decrease in the time required for performance of the work, an appropriate adjustment in Contract Time may be made in accordance with Article 12 of these General Conditions. The Contract Documents may be modified by Change Order accordingly. In no event shall Contractor be entitled to increased compensation for such differing conditions, unless provided for in such Change Order.

4.2.2 No increase of time under paragraph 4.2 shall be allowed unless the Contractor shall have given the written notice described in paragraph 4.2.1 not later than 24 hours after such conditions are discovered, and before such conditions are disturbed. Contractor shall not proceed with the work affected by such conditions until directed in writing by Project Manager. Furthermore, no increase shall be given unless it is shown that Contractor's own investigation was done competently and did not disclose the error or condition. Failure of Contractor to give written notice and providing an opportunity for the Project Manager to investigate shall constitute a waiver by Contractor of any claim for additional time or money.

4.2.3 Groundwater, in whatever amount or condition, shall be deemed usual and ordinarily encountered and generally recognized as inherent in the work of the character provided for in the

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Contract Documents. Dewatering is the responsibility of the Contractor. No claim for a Modification of Contract time or price will be allowed for such conditions.

4.3 Reference Points:

4.3.1 City shall provide engineering reference points as shown on the plans for construction.

Contractor shall be responsible for surveying and laying out work unless otherwise provided in the Contract Documents, and shall protect and preserve the established reference points and shall not change or relocate them without the prior written approval of Project Manager. Contractor shall report to Project Manager whenever any reference point is lost or destroyed or requires relocation because of changes in grades or locations. The cost of replacing and accurately relocating all reference points so lost, destroyed or moved shall be borne by the Contractor.

ARTICLE 5 - BONDS AND INSURANCE

5.1 Contractor’s Liability Insurance

5.1.1 Contractor shall obtain and maintain continuously comprehensive general liability insurance and/or other insurance necessary to protect the public with limits of liability of not less than $1,000,000 combined single limit bodily injury and property damage per occurrence with a $1,000,000 combined single limit annual aggregate with appropriate coverage endorsements to include broad-form contractual, broad form property damage, contractor’s protective, product/completed operations, auto and non-owned auto, personal injury, and fire-legal liability where applicable. The general aggregate limit shall apply separately to this project, or Contractor shall provide insurance with a general aggregate limit of $2,000,000.

5.1.2 The Contractor, upon notification of receipt by the City of any cancellation notice shall file with the City a replacement certificate with another insurance company meeting the financial requirements of the City and the coverage requirements. Failure to maintain any of the above required insurance shall require the immediate discontinuation of work until replacement insurance is furnished to the City. All payments due or that become due will be withheld until notice of replacement is received. Any failure to maintain insurance will be sufficient cause for termination of the contract.

5.1.3 Automobile Liability Insurance: Contractor shall carry Bodily injury and Property Damage liability including coverage for owned, hired and non-owned automobiles. The limits of liability shall be not less than $1,000,000 Bodily Injury, $300,000 Property Damage or $1,000,000 Combined Single Limit Bodily Injury and Property Damage

5.1.4 As evidence of the insurance required by this agreement, certificates of workers compensation, general liability and automobile liability shall be furnished to the City before any work is commenced by the Contractor.

5.1.5 General Liability and Automobile Liability insurance shall include “City of Corning, its elected officials, officers, and employees as an additional insured”, and shall not be reduced or canceled without 30 days written prior-notice certain to the City. Contractor shall provide the City a certificate of insurance and an additional insured endorsement as evidence of insurance protection provided which lists “City of Corning” as the certificate holder. Insurance certificates provided by any insurance company or underwriter shall not contain the language “endeavor to” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company”, or similar language. If Contractor has employees, he/she shall obtain and maintain continuously workers’ compensation insurance to cover Contractor and Contractor's employees and partners.

5.1.6 Contractor shall require and verify that all subcontractors of any tier maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that "City of Corning, its elected officials, officers, and employees" is an additional insured on insurance required from subcontractors; provided, however, that the minimum limit by subcontractors for general aggregate under their comprehensive general liability shall be $2,000,000 on all subcontracts other than major subcontracts and $3,000,000 on major subcontracts (subcontracts in excess of $1,000,000 and

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such other subcontracts identified in the Contract Documents as "major subcontracts"). Contractor shall maintain certificates of insurance from all subcontractors demonstrating compliance with the requirements of this section and make them available to the City upon request.

5.2 Builders Risk Insurance

5.2.1 The Contractor will not be required to obtain Builder's Risk Insurance. The Contractor will be responsible for building materials not installed and for the Contractor's tools, other equipment or supplies. The Contractor shall also be required to protect the construction project as stipulated elsewhere in this contract.

5.3 Performance, Payment, and Other Bonds

5.3.1 Prior to the commencement of any work, Contractor shall furnish performance and payment bonds as security for the faithful performance and payment of all Contractors' obligations under the contract documents. These bonds shall be in amounts at least equal to the contract price and in a form satisfactory to City. Surety company providing said bonds shall have a Best financial rating of at least A-: VII and be licensed in the State of California.

5.3.2 If at any time the Surety on any bond furnished by Contractor is adjudicated bankrupt, commences any proceeding under the Bankruptcy law of the United States, becomes insolvent, makes a general assignment for the benefit of creditors or has its right to do business terminated in California, or for any other reason is unable or unwilling to continue in business, Contractor shall within five calendar days thereafter substitute another bond in a Surety who meets the City's financial rating requirement.

5.4 Responsibility for Damage:

5.4.1 Approval of the Contractor's insurance by the Owner shall not decrease the extent to which the Contractor or any subcontractor may be held responsible for payment of any and all damages resulting from Contractor's operations.

5.4.2 The Contractor shall assume the defense of and indemnity and save harmless City of Corning, its elected officials, officers and employees, as well as the Project Manager, ENGINEER/ARCHITECT and the officers, agents and employees of each of them, from any and all loss, liability or damage including attorney's fees and from all suits, actions, damages or claims of every nature and description to which they may be subjected or put by reasons of injury to persons or property arising out of, in connection with, or incident to the execution of the work or resulting from the active or passive negligence or carelessness on the part of the Contractor, Contractor's employees or agents in the delivery of materials and supplies by its employees or agents, including any failure to fulfill the terms of all laws and regulations which apply to this Contract together with any infringement or alleged infringement of the patent rights of any person or persons, firm or corporation in consequence of the use in or about the said work of any article or materials; and the City shall have the right to estimate the amount of such damage and to cause the Contractor to pay same, and the amount to be paid for such damage shall be deducted from the money due to the Contractor under this Contract; or the whole or so much of the money due or to become due to the Contractor under this Contract, as may be considered necessary by the City, shall be retained by the City until such suits or claims for damages shall have been settled or otherwise disposed of and satisfactory evidence to that effect furnished to the City. Contractor shall assume the defense of and indemnity and save harmless City of Corning, its elected officials, officers and employees, as well as the ENGINEER/ARCHITECT, Project Manager and the officers, agents and employees of each of them in respect to any mechanics lien, foreclosure actions filed by any subcontractor or material man relative to the construction.

ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES

6.1 Supervision and Superintendent:

6.1.1 Contractor shall supervise and direct the work effectively, efficiently and with his best skill and attention. He shall have sole responsibility for the means, methods, techniques, sequences,

Page 10 of 36 ends

procedures of construction, and for coordinating all portions of his work under the Contract Documents. Contractor shall be responsible for the finished work complying accurately with the Contract Documents.

6.1.2 The Contractor shall designate in writing, before starting work, the name, qualifications and experience of his proposed representative who must be approved by the Project Manager. Said representative shall have authority to represent and to act for the Contractor. Said authorized representative shall be present at the site of work at all times while work is in progress.

Arrangements for responsible supervision, acceptable to Project Manager, shall be made for emergency work required during periods when work is suspended.

6.1.3 The Contractor shall notify the Project Manager, in writing, when he desires to change his representative. He shall provide all necessary information regarding his new representative when submitting request for approval. Any substitute representative shall require the approval of the Project Manager, which may not be unreasonably withheld.

6.1.4 In emergencies when the Contractor or his authorized representative is not present on any particular part of the work, directions will be given by the Project Manager and obeyed by the superintendent or foreman in charge of the particular work. Such directions will be confirmed in writing to the Contractor's authorized representative.

6.1.5 The Contractor shall identify, in writing, the individuals who are authorized to sign Change Orders to the Contract.

6.1.6 The Contractor shall remove his representative from the work and propose a substitute if Project Manager reasonably concludes that such representative is unable or unwilling to properly supervise the work in such a manner as to ensure its timely and successful completion in accordance with Contract Documents.

6.1.7 The Contractor shall maintain daily job site activity logs which record: location and number of all manpower on the site by his own and subcontractors' forces; all work being performed and whether such work is part of the base contract or change order; all work being performed and whether such work is part of the base contract or change order; all construction equipment in use, and not in use, and reasons why not in use; weather and site conditions; and delays or obstructions to the work. The Contractor shall sign the log representing that the information contained therein is true, accurate and complete.

6.2 Verified Reports

6.2.1 The Contractor shall completely fill out, sign and date the appropriate Verified Reports, as required by Sections 4-214, 4-240 and 4-249 of Title 24, Part I, California Code of Regulations.

Copies of these reports shall be sent to the City.

6.3 Labor, Materials and Equipment

6.3.1 Contractor shall provide competent, suitable qualified personnel to survey and lay out the work and perform construction as required by the Contract Documents. Contractor shall at all times enforce strict discipline and good order on the project. He shall not employ on the work any unfit person or anyone not skilled in the task assigned to him.

6.3.2 Contractor shall furnish all materials, equipment, labor, transportation, and machinery, tools, appliances, other facilities and incidentals necessary for the execution, testing, initial operation and completion of work.

6.3.3 All materials and equipment incorporated in the work shall be new, except as otherwise provided in the Contract Documents. If required by ENGINEER/ARCHITECT or Project Manager, Contractor shall furnish satisfactory evidence as to the kind, quality, source and purchase of materials and equipment.

6.3.4 All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instruction of the applicable manufacturer, fabricator or

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processors.

6.4 Substitute Materials or Equipment:

6.4.1 The Specifications may permit Contractor to furnish or use a substitute that is equal to any material or equipment specified. Unless otherwise expressly provided in the Specifications, in accordance with Public Contract Code section 3400, whenever the contract documents refer to a named manufacturer or named product, the named manufacturer or named product shall be deemed to be followed by the words “or equal” so that bidders may furnish any equal material, product, thing, or service in accordance with the procedures set forth herein. If the Contractor wishes to furnish or use a proposed substitute, he shall, promptly and within 5 days of the Notice to Proceed, make written
application to the ENGINEER/ARCHITECT for approval of such substitute, certifying and warranting in writing that the proposed substitute will perform the functions called for by the Contract Documents, be of the same quality as that specified and be suited to the same use. Contractor shall state whether or not its incorporation in or use in connection with the project is subject to payment of any license fee or royalty and also shall identify all variations of the proposed substitute from that specified and indicate available maintenance service. No substitute shall be ordered or installed without the written approval of the ENGINEER/ARCHITECT whose decision as to substitutions shall be final and conclusive. ENGINEER/ARCHITECT may require Contractor to furnish other such data about the proposed substitute that ENGINEER/ARCHITECT considers pertinent.

6.4.2 No substitution shall be ordered or installed without such supplemental performance guarantee and bonds as City may require, all of which shall be furnished at Contractor's expense.

Contractor shall be responsible for determining the required delivery date for incorporation into the work and shall certify that this date has been confirmed with the supplier of the substituted item.

6.5 Subcontractors:

6.5.1 Contractor shall investigate and assure himself and the City of the experience and skill of all subcontractors performing work specified by the Contract Documents as well as the financial stability of such subcontractors. Contractor shall not recommend any subcontractor or other person or firm, whether initially or as a substitution against whom City, at City's sole discretion, may have reasonable objection. If City who has no duty to investigate, but has the right to do so, after due investigation, has a reasonable objection to any subcontractor, supplier or material man proposed by Contractor, Contractor shall propose an acceptable substitute.

6.5.2 Contractor shall be fully responsible for all acts and omissions of his subcontractors, and of persons and organizations directly or indirectly employed by them and of persons and organizations for whose acts any of them may be liable to the same extent that he is responsible for the acts and omissions of persons directly employed by him. Nothing in the Contract Documents shall create any contractual relationship between the City, Project Manager or ENGINEER/ARCHITECT and any subcontractor, or other person or organization having a direct contact with the Contractor, nor shall it create any obligation on the part of City, Project Manager or ENGINEER/ARCHITECT to pay or see to the payment of any monies due any subcontractor or other persons or organizations.

6.5.3 The divisions and sections of the Specifications and the identifications of any Drawings shall not control the Contractor in dividing the work among subcontractors or delineating the work to be performed by any specific trade. Neither the ENGINEER/ARCHITECT, nor Project Manager, nor City will act as arbiter to determine subcontract limits.

6.5.4 Contractor agrees to bind specifically every subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of the City including, but not limited to, all time and notification requirements.

6.5.5 All work performed for Contractor by a subcontractor shall be pursuant to an appropriate agreement between Contractor and subcontractor which shall contain provisions for the waiver of all rights the contracting parties may have against one another for damages caused by fire or other

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perils covered by insurance. Contractor shall pay each subcontractor a just share of any such insurance moneys received by Contractor.

6.6 Patent Fees and Royalties

6.6.1 Contractor shall pay license fees and royalties and assume all costs incident to the use, in the performance of the work, of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, device or product is specified in the Contract Documents for use in the performance of the work, and to the actual knowledge of City and ENGINEER/ARCHITECT its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by City in the Contract Documents. Contractor shall indemnify and hold harmless City, Project Manager, their employees, officers and agents, and ENGINEER/ARCHITECT, his consultants, and anyone directly or indirectly employed by either of them from and against consultants' and other experts' fees and expenses arising out of any infringement of patent rights incident to the use in the performance of the work or resulting from the incorporation in the work of any invention, design, process, product or device not specified in the Contract Documents, and shall defend all such claims in connection with alleged infringement of such rights.

6.7 Permits & Utility Costs:

6.7.1 Permits: Contractor shall be responsible to obtain all building permits, construction permits, fugitive dust permits, fees and licenses necessary for the prosecution of the work. The City will make payment of permit fees directly to the permitting agency. The Contractor shall be responsible for all delays in obtaining all permits, licenses, and utility connection agreements. No delay claim may be made by Contractor for any delay in obtaining any permit, license or utility connection agreement.

6.7.2 Utility Costs: Contractor shall be permitted reasonable use of the existing utilities available at the project site without charge. In the event that any additional temporary utilities are necessary, Contractor shall be responsible for obtaining and paying for such temporary utilities at Contractor's expense.

6.8 Laws and Regulations:

6.8.1 Contractor shall give notices and comply with all laws, ordinances, rules and regulations applicable to the work. Contractor shall use reasonable care and skill in determining whether or not the Specifications or Drawings are at variance therewith, and, if he observes such variance, he shall give the Project Manager and ENGINEER/ARCHITECT prompt written notice thereof. If Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Project Manager and ENGINEER/ARCHITECT, he shall bear all costs arising therefrom.

6.9 Taxes:

6.9.1 Contractor shall pay all sales, consumer use and other similar taxes required to be paid by him in accordance with the law of the place where the work is to be performed.

6.10 Use of the Premises:

6.10.1 Contractor shall confine his equipment, the storage of materials and equipment and the operations of his workmen to areas permitted by law, ordinance, permits or the requirements of the City and of the Contract Documents, and shall not unreasonably encumber the premises with materials or equipment.

6.10.2 Contractor shall not load nor permit any part of any structure to be loaded with weight that will endanger the structure, nor shall he subject any part of the work to stresses or pressure that will endanger it.

6.11 Record Drawings:

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Contractor shall keep one current record copy of all Specifications, Drawings, Addenda, Modifications, and Shop Drawings at the site in good order and annotated to show all changes made during the construction process. These shall be available to the ENGINEER/ARCHITECT and Project Manager at all times, and shall be reviewed monthly concurrent with the Progress Payment Request. Upon completion of the project the Contractor shall deliver the record documents to the Project Manager for review and approval. These record documents shall be prepared in accordance with Section 01720 of the Specifications.

6.12 Safety and Protection:

6.12.1 Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the work. He shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss:

6.12.1.1 All employees on the work and other persons who may be affected thereby:

6.12.1.2 All the work and all materials or equipment to be incorporated therein, whether in storage on or off the site; and

6.12.1.3 Other property at the site or adjacent thereto, including trees, shrubs, lawns, pavements, roadway, structures and utilities not designated for removal, relocation or replacement in the course of construction.

6.12.1.4 The Contractor represents that he has read and is thoroughly familiar with the California State Occupational Safety and Health Act, and regulations for construction promulgated thereunder, and agrees to comply with the Act and all such regulations applicable to the performance of the work. The Contractor accepts the duty of enforcing those regulations by federal, state or City Safety and Health Inspectors at the Contractor's work place at the job site or any area within the limits of construction and of the outcome of any such inspections. Contractor assumes exclusive responsibility for, and agrees to defend, indemnify and hold harmless Cit of Corning, Project Manager, ENGINEER/ARCHITECT, and their elected officials, officers, agents, employees, consultants and representatives against all consequences of any violations of those regulations by the Contractor, including the payment of any fine, penalty and interest assessed in connection therewith, any court costs, undertakings, interest, and attorneys', accountants' consultants' and experts' expenses and fees incurred by the City.

6.12.2 Contractor shall comply with all applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. He shall erect and maintain, as required by the conditions and progress of the work, all necessary safeguards for its safety and protection. He shall notify owners of adjacent utilities when prosecution of the work might affect them. All damage, injury or loss to any property caused, directly or indirectly, in whole or in part, by Contractor, and/or subcontractor, or anyone employed by them shall be remedied by Contractor at his own expense. Contractor's duties continue until such time as all the work is completed and Project Manager has issued a notice in accordance with paragraph14.9 that work is acceptable.

6.12.3 Contractor shall designate a responsible member of his organization, at the site, satisfactory to the Project Manager, whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Project Manager.

6.13 Shop Drawings, Product Data, and Samples:

6.13.1 Shop drawings, product data, and/or samples are required by the Specifications for certain portions of the work. These shall be submitted according to a schedule of submittals to be accepted by the Project Manager and ENGINEER/ARCHITECT. Where a shop drawing, product data, or sample submittal is required by the Specifications, no related work shall be commenced until the submittal has been reviewed by the ENGINEER/ARCHITECT. A copy of each reviewed shop drawing and each approved sample shall be kept in good order by Contractor at the site and shall be available to the Project Manager, ENGINEER/ARCHITECT and Inspector.

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6.13.2 The Contractor may submit a request for substitutions. The Contractor shall propose for approval all samples as specified or directed by the ENGINEER/ARCHITECT. The provisions of subparagraph 6.4 shall apply in such case.

6.13.3 Contractor shall check and verify all field measurements and submit shop or setting coordination drawings in 1/4"=1'0" scale to verify clearances for various trades, and schedules required for the work of the various trades, with such promptness as to cause no delay to the work.

6.13.4 Samples: Unless otherwise specified, submit samples in triplicate and of adequate size to show the quality, type and finish. Label each sample with the manufacturer's name, material name and quality, the Contractor's name, the project name and other pertinent data. Submit, with samples in triplicate a transmittal letter requesting approval. Prepay transportation charges to the ENGINEER/ARCHITECT's office on samples forwarded.

6.13.5 Contractor shall not order materials until receipt of written approval of shop drawings, product data, and samples.

6.13.6 Project Manager's or ENGINEER/ARCHITECT's review of shop drawings and samples shall not relieve Contractor from his responsibility for any deviation from the requirements of the Contract Documents. Nor shall any action by ENGINEER/ARCHITECT relieve Contractor from any responsibility for errors or omissions in the shop drawings.

6.14 Cleaning:

6.14.1 Contractor shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the work, and at the completion of the work he shall remove all waste materials, rubbish and debris from and about the premises, as well as all tools, construction equipment and machinery, and surplus materials. He shall leave the site clean and ready for occupancy by City. Contractor shall restore to original condition those portions of the site not designated for alteration by the Contract Documents.

6.15 Indemnification:

6.15.1 Contractor shall indemnify and hold harmless to the fullest extent permitted by law, City of Corning, ENGINEER/ARCHITECT, Project Manager and their elected officials, officers, consultants, agents and employees, from and against all claims, damages, losses and expenses, including attorneys', accountants', consultants', and experts' fees and expenses, arising out of or resulting from the performance of the work attributable to bodily injury, sickness or death, or to injury to or destruction of tangible property, including the loss of use resulting therefrom, and caused in whole or in part by any negligent or other act or omission of Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether indemnification shall extend to claims, demands, or liability for injuries occurring after completion of the project as well as during the work's progress. Such obligation shall not be construed to negate, abridge or otherwise reduce any other obligation of indemnity which otherwise exists under the Contract Documents or at law as to any party or person described in this paragraph or otherwise.

6.15.2 In any and all claims against City of Corning, ENGINEER/ARCHITECT, Project Manager, their elected officials, officers, employees, consultants or agents by an employee of Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under subparagraph 6.15.1 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Contractor or any subcontractor under workmen's compensation acts, disability acts or other employee benefit acts.

6.16 Books and Records:

6.16.1 Contractor shall maintain books, records, documents and other evidence pertinent to the work in accordance with generally accepted accounting principles and practices. Such books, records, documents and other evidence shall be maintained for at least three years after the date

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of completion of the project. Access to the aforementioned books, records, documents and other evidence shall be available to the City or the Board, or any authorized representative of either, during the course of construction and for at least three years after completion of the project. Suitable facilities shall be provided for said access, and for the inspection and copying thereof.

ARTICLE 7 - WORK BY OTHERS

7.1 City may perform additional work related to the project or it may award other direct contracts therefore. Contractor shall afford the other persons or contractors who are parties to such direct contracts reasonable opportunity for the storage of materials and equipment and the execution of work. He shall properly connect and coordinate his work with theirs. No claim for time extension will be made by the Contractor due to any alleged problems or difficulties suffered due to work performed by others unless written notice within twenty-four hours of the commencement of said alleged delaying activities is given to the City.

7.2 If any part of Contractor's work depends, for proper execution or results, upon the work of any other such person or contractor, Contractor shall inspect and promptly report to Project Manager and ENGINEER/ARCHITECT in writing any defects or deficiencies in such work that render it unsuitable for such proper execution and results. His failure so to report shall constitute an acceptance of the other work as fit and proper for the relationship of his work, except as to defects and deficiencies which may appear in the other work after the execution of his work.

7.3 Contractor shall do all cutting, fitting, and patching of his work that may be required to make the several parts come together properly and fit to receive or be received by such other work.

Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work, and will only cut or alter their work with the written consent of the City and of the other contractors whose work will be affected.

7.4 If the performance of additional work by other persons or contractors is not noted in the Contract Documents prior to the execution of the Agreement, written notice thereof shall be given to Contractor prior to starting any such additional work.

ARTICLE 8 - CITY’S RESPONSIBILITIES

8.1 Communications: City will forward all instructions and decisions to Contractor through the Project Manager.

8.2 Right to Stop Work: The City has the right to stop or suspend work, and to award other work.

8.3 Project Manager

8.3.1 The City will designate a Project Manager and assistants to enable it to carry out its responsibilities at the site. The Project Manager is the City's agent and shall act as directed by and under the supervision of the City Administrator.

8.3.2 The Project Manager will be the City’s sole authorized representative for the project. All correspondence to ENGINEER/ARCHITECT from Contractor will be copied to the Project Manager.

8.4 Disputes Resolution

8.4.1 A dispute, or claim, or other matter in question arising out of or relating to the Contract Documents which is not disposed of by agreement shall be decided by the Project Manager promptly and in writing as provided in the Contract Documents. The decision of the Project Manager shall be final and conclusive on the Contractor unless, within 5 days from the receipt of such decision. Contractor submits to Project Manager a written claims submission and documentation as defined in paragraph 8.6 below.

8.5 Disputed Work

8.5.1 Should Contractor object to any decision, order, directive, notice, action, or omission of Project Manager, Contractor may, within 5 days after receipt or occurrence of the same, or before commencing with the disputed work, whichever occurs first, furnish to Project Manager a written

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notice stating such objections.

8.5.2 Contractor shall furnish to Project Manager, beginning with the first day and at the end of each day detailed hourly records for labor, construction equipment, and services; and itemized records of materials and equipment used that day in performance of the disputed work. Such records shall be of a form approved by Project Manager. Such records shall be signed by Contractor and verified by Project Manager.

8.5.3 Failure by Contractor to furnish such written notice and records specified in 8.5.1 and 8.5.2 shall constitute a waiver of Contractor's right to furnish a claim for the disputed work.

8.6 Claims Submission and Documentation

8.6.1 Contractor may furnish a claim concerning a matter noticed in accordance with 8.5 to City of Corning Administrative Office, 727 Oak Street, Red Bluff CA 96080.

8.6.2 Contractor shall furnish 3 certified copies of claim documentation. The claim documentation shall be complete when furnished. The evaluation of the Contractor's claim will be based on City's records and the Contractor's furnished claim documentation.

8.6.3 Claim documentation shall conform to generally accepted auditing standards and shall be in the following format:

1. General Introduction

2. General Background

3. Issues
a) Index of Issues
b) For each Issue
1) Background
2) Chronology
3) Contractor's Position (reason for City's potential liability) 4) Supporting Documentation of Merit
5) Supporting Documentation of Damages

4. Critical Path Method Schedules, As-Planned and As-Built

5. Productivity Exhibits

6. Summary of Issues and Damages

8.6.4 Supporting documentation of merit for each issue shall be cited by reference, photocopied, or explained. Supporting documentation may include, but not be limited to general conditions, technical specifications, drawings, correspondence, conference notes, shop drawing, survey books, inspection reports, delivery schedules, test reports, daily reports, subcontracts, fragmentary critical path method schedules, photographs, technical reports, requests for information, field instructions, and other related records.

8.6.5 Supporting documentation of damages for each issue shall be cited, photocopied, or explained. Supporting documentation may include but not be limited to certified detailed labor, materials, equipment, and construction equipment and services costs; purchase orders; invoices; project as- planned and as-built costs; subcontractor payment releases; quantity reports; other related records; general ledger and any other accounting materials.

8.6.6 Each copy of claim documentation shall include the following certification:

1. I certify under penalty of perjury, according to the laws of the State of California that this claim is made in good faith, that the supporting documentation is accurate and complete to the best of my knowledge and belief; and that the amount requested accurately reflects the contract adjustments for which City is responsible.

2. Certification shall be signed in the same manner as the proposal was signed.

8.6.7 Should Contractor be unable to support any part of the claim and it is determined that such inability is attributable to falsity of such certification or misrepresentation of fact or fraud on the part

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of Contractor, Contractor shall be liable to City for three times the amount of damages which the City sustains, plus the cost of civil action and may be liable to the City for a civil penalty of up to ten thousand dollars for each false claim.

8.7 Decisions on Claims

8.7.1 Claims of Contractor arising under and by virtue of the contract will be decided by the City Steering Committee consisting of the City Administrator, City Counsel, the ENGINEER/ARCHITECT and the Project Manager who will furnish the decisions to Contractor in writing.

8.8 Release of Undecided Claims

8.8.1 Undecided claims furnished to City Steering Committee before execution of the final release of claims provided in 8.6 and not excepted therefrom shall be deemed released by Contractor upon execution of such release and will not be further considered by City.

8.9 Exhaustion

8.9.1 Contractor must exhaust all remedies and comply with all dispute resolution procedures set forth in paragraph 8.4 prior to filing suit which names the City, ENGINEER/ARCHITECT, Project Manager or any officer, employee, agent or affiliate thereof.

ARTICLE 9 - ENGINEER/ARCHITECT'S STATUS DURING CONSTRUCTION

9.1 Visits to Site:

9.1.1 Progress and quality of the executed work and to determine if the work is proceeding in accordance with the Contract Documents. However, the ENGINEER/ARCHITECT will not be required to make exhaustive or continuous on-site observations to check quality or quantity of the work. On the basis of on site observations as an ENGINEER/ARCHITECT, the ENGINEER/ARCHITECT will keep the Project Manager informed of progress of the work, and will endeavor to guard the City against defects and deficiencies in the work.

9.1.2 ENGINEER/ARCHITECT and his representatives will have access to the work at all times for the observation of the building operations, including the right to accept or reject materials and/or workmanship. The ENGINEER/ARCHITECT and his representatives shall perform their duties in accordance with Section 4-213 and 4-217, Title 24, California Code and Regulations.

9.2 In cases of emergency the ENGINEER/ARCHITECT may give directions to the Contractor, his authorized representative, or if neither are available, to the superintendent or foreman in charge of the particular work concerning which directions are given. Such directions will be confirmed in writing by the Project Manager. Clarifications and Interpretations:

9.2.1 ENGINEER/ARCHITECT will issue with reasonable promptness through the Project Manager such written Field Orders, which will clarify or interpret the design intent of the Contract Documents as he may determine to be necessary. These Field Orders shall not entitle Contractor to any adjustment to the contract price or time.

9.3 Rejecting Defective Work:

9.3.1 ENGINEER/ARCHITECT and/or the Project Manager will have authority to disapprove or reject work which is "defective" (which term includes without limitation work that is unsatisfactory, faulty, does not conform to the requirements of the Contract Documents, does not meet the requirements of any inspection, test or approval referred to in paragraph 13.2, or has been damaged prior to approval of final payment). He will also have authority to recommend to the Project Manager that he require special inspection or testing of the work as provided in paragraph 13.4, whether or not the work is fabricated, installed or completed.

9.4 Shop Drawings and Samples:

9.4.1 The ENGINEER/ARCHITECT is responsible for the review of samples. (See paragraph

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6.13)

9.4.2 The Contractor shall submit for review, with reasonable promptness, all samples as specified or directed by the ENGINEER/ARCHITECT. The ENGINEER/ARCHITECT shall review samples, with reasonable promptness, only for conformance with the design concept of the project and for compliance with information given in the Contract Documents. The work shall be in accordance with reviewed samples.

9.5 Shop Drawings

9.5.1 The ENGINEER/ARCHITECT shall review, with reasonable promptness, schedules and drawings for conformance with the design concept of the project and compliance with the Contract Documents. The ENGINEER/ARCHITECT's review of such drawings or schedules shall not relieve the Contractor from responsibility for deviations from Drawings and Specifications, nor shall it relieve him from responsibility for errors in shop drawings or schedules.

9.5.2 ENGINEER/ARCHITECT shall be permitted a reasonable time to review such drawings and no claim for time extension or damages will be allowed for this time.

9.5.3 Satisfactory shop drawings shall be so identified by ENGINEER/ARCHITECT, dated, and a reproducible copy returned to the Contractor.

9.5.4 Should shop drawings be rejected, one reproducible copy set will be returned to the Contractor with indicated corrections and changes to be made. After making such corrections and changes, Contractor shall resubmit shop drawings, in numbers of copies required, until approval is obtained. Any corrections or changes indicated on the shop drawings shall not be considered as an extra work order.

9.6 ENGINEER/ARCHITECT will be the interpreter of the design and technical requirements of the Contract Documents and the compliance by the Contractor therewith. Neither the Project Manager, ENGINEER/ARCHITECT, nor City will be liable to the Contractor for the result of any interpretation or decision rendered in good faith. Disputes with respect to interpretations will be processed and resolved as provided for in paragraph 8.4.

9.6.1 Limitations on ENGINEER/ARCHITECT's Responsibilities Neither ENGINEER/ARCHITECT's authority to act under this Article 9 or elsewhere in the Contract Documents, nor any finding or decision made by him in good faith, shall give rise to any duty or responsibility of ENGINEER/ARCHITECT to Contractor, any subcontractor, any material man, fabricator, supplier or any of their agents or employees or any other person performing any of the work.

9.6.2 ENGINEER/ARCHITECT will not be responsible for Contractor's means, methods, techniques, sequences, division and allocation of the work or procedures of construction, or the safety precautions and programs incident thereto, and he will not be responsible for Contractor's failure to perform the work in accordance with the Contract Documents.

9.6.3 ENGINEER/ARCHITECT will not be responsible for the acts or omissions of Contractor, or any subcontractors, or any of his or their agents or employees, or any other persons at the site or otherwise performing any of the work.

9.6.4 Nothing in these General Conditions or in the Contract Documents shall be deemed to establish a contractual relationship, direct or otherwise, between ENGINEER/ARCHITECT and Contractor.

ARTICLE 10 - CHANGES IN THE WORK:

10.1 The City may at any time or from time to time order additions, deletions or revisions in the general scope of the work without invalidating the Contract Documents and without notice to the sureties.

10.2 Changes will be authorized by a Change Order. Upon receipt of a Change Order, Contractor shall immediately proceed with the work involved. All such work shall be executed under the

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applicable conditions of the Contract Documents. If any Change Order causes an increase or decrease in the contract price or any extension or shortening of the contract time, an adjustment will be made as provided in Articles 11 and 12, on the basis of a claim made by either Contractor or City.

10.3 Changes, Omissions, or Additions shall be made only through a standard written order of the ENGINEER/ARCHITECT and approved by the Owner. Change Orders will be issued only before or at the time of change, and the expense or responsibility for any change or damage without said order shall rest entirely with the Contractor.

10.4 City may order minor changes or alterations in the work not involving extra costs or extension of time, and not inconsistent with the overall intent of the Contract Documents. Such changes may be ordered by a Field Order.

10.5 When necessary, in order to avoid delay to the work, the Project Manager may authorize the Contractor to proceed with the work pending completion of a change order. This prior authorization may be verbal; however, it must be confirmed in writing as soon as possible by the authorizing individual. Whenever work is to proceed on the basis of such prior authorization, the Contractor must be notified in writing to proceed with the work pending approval of the change order. In the case of a change order requested by the Contractor, the City must have positive assurance that he will execute the change order before allowing work to proceed. Preparation and final approval of change orders for work covered under prior authorization must be actively pursued.

Prior authorization does not include authority to make payment for the work.

10.6 No claims for adjustment of contract price or time for delays or costs due to material shortage, transportation difficulties, labor shortage, or dewatering, will be paid by City except as defined in subparagraphs 12.1.2 and 12.1.3.

10.7 Additional work performed by Contractor without authorization of a change order shall be at his own expense. Contractor shall not be entitled to an increase in the contract price or an extension of the contract time, except in the case of an emergency as provided in subparagraphs 6.1.4 or

9.1.3, for such work performed without a change order.

10.8 The City may order changes in the work. Notwithstanding any dispute or controversy that may arise in connection with a claim for adjustment of contract price, in the event of such changes Contractor shall proceed with the work promptly and diligently upon written order from Project Manager. The contract price may be changed pursuant to Article 11 without notice to the Surety.

10.9 In the event that there is any dispute between City and Contractor with relation to any payment to be made under this contract, whether by reason of change order; progress payment; or otherwise, Contractor shall submit a claim pursuant to Articles 11 and 12 but will not be entitled to walk off the job or stop work in any manner and is under a full obligation to complete each and every term and condition of the contract.

10.10 Dispute resolutions provisions of paragraphs 8.5 and 8.6 are applicable to changes in the work except as in Articles 11 and 12.

ARTICLE 11 - CHANGE OF CONTRACT PRICE

11.1 Contract Price:

11.1.1 The Contract Price constitutes the total amount payable to Contractor for performing the work under the Contract Documents. All duties, responsibilities and obligations assigned to or undertaken by Contractor in respect to work under the Contract Documents shall be at his expense without change of the Contract Price.

11.1.2 If Contractor wishes to make a claim for an increase to the contract price, he shall give Project Manager written notice thereof not later than five (5) days after the occurrence of the event giving rise to such claim. Within ten (10) days thereafter, Contractor shall supply all supporting documents for such claim, including but not limited to time slips for labor and time slips for

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equipment. Failure to provide all supporting documents shall constitute a waiver of such claim by Contractor.

11.1.3 The written notice shall set forth the reasons for which the Contractor believes additional compensation is due, the nature of the costs involved and the amount thereof. The notice must be given to the Project Manager prior to Contractor's performing the work-giving rise to the claim for additional compensation.

11.1.4 Differences between the parties arising under and by virtue of the contract shall be brought to the attention of the respective parties at the earliest possible time in order that such matters may be promptly settled. The Contractor hereby agrees that he shall have no right to additional compensation for any claim for which written notice was not filed in strict compliance with this paragraph.

11.2 The cost or credit to the City resulting from a change in the work, from a prior authorization, or from any claim for an increase or decrease in the contract price shall be determined by the Project Manager in one of the following ways:

11.2.1 By a lump sum properly itemized, and showing direct cost and markup, and supported by such substantiating data as may be required by the Project Manager to permit evaluation; allowable markup shall not in any case exceed the amount set forth below:

1. For work performed by the Contractor's own forces, for changes up to $30,000.00, an additional 10% for overhead and 5% for profit may be added;

2. For changes in excess of $30,000, the sums in excess of $30,000 are allowed an additional 8% for overhead and 5% for profit;

3. For work performed by subcontractors, the subcontractors' billings shall be limited to the markups as described for the Contractor, except the Contractor may add 10% to the gross amount as set forth by the subcontractor, as his fee for coordinating and implementing such changed work by the subcontractor;

4. Overhead includes, but is not limited to, the costs of bonds, insurance, supervision, office expense, management, transportation and small tools allowance.

11.2.2 Where the work involved is related to unit prices, by application of unit prices to quantities involved; or

11.2.3 On the basis of force account as provided for in paragraph 11.3 which shall be employed only at the Project Manager's sole discretion, which shall not be an election of the Contractor.

11.2.4 All work undertaken by prior authorization shall be on the basis of force account, until and unless a lump sum is agreed upon.

11.3 Force Account Payment - When extra work is to be paid for on a force account basis, the labor, materials, and equipment used in the performance of such work shall be subject to the approval of the Project Manager and compensation will be determined as follows:

11.3.1 Work Performed by Contractor - The Contractor will be paid the direct costs for labor, materials and equipment used in performing the work determined as hereinafter provided in Sections "Labor," "Materials" and "Equipment Rental," except where agreement has been reached to pay in accordance with Section "Work Performed by Special Forces or Other Special Services."

11.3.2 To the total direct costs computed as provided in Sections "Labor," "Materials," and "Equipment Rental," there will be added a markup as defined in paragraph 11.2.1.

11.3.3 The above markups shall constitute full compensation for all overhead costs which shall be deemed to include all items of expense not specifically designated as cost or equipment rental in Sections "Labor," "Materials," and "Equipment Rental." The total payment made as provided above shall be deemed to be the actual cost of such work and shall constitute full compensation therefore.

11.3.4 When extra work paid for on a force account basis is performed by forces other than the Contractor's organization, the Contractor shall reach agreement with such other forces as to the

Page 21 of 36 ends

distribution of the payment made by the Owner of such work. No additional payment therefore will be made by the Owner by reason of the performance of the work by a subcontractor or other forces.

11.3.4.1 Labor - The Contractor will be paid the cost of labor for the workmen (including foremen when authorized by the Project Manager) used in the actual and direct performance of the work.

The cost of labor, whether the employer is the Contractor, subcontractor, or other forces, will be the sum of the following:

11.3.4.2 Actual Wages - The actual wages paid shall include any employer payments to or on behalf of the workmen for health and welfare, pension, vacation, and similar purposes.

11.3.4.3 Labor Surcharge - To the actual wages, as defined in Section 11.4.2 will be added a labor surcharge set forth in the Department of Transportation publication entitled Labor Surcharge and Equipment Rental Rates, which is in effect on the date upon which the work is accomplished and which is part of the contract. Said labor surcharge shall constitute full compensation for all payments imposed by State and Federal laws, specifically worker’s compensation, social security, Medicare, Federal unemployment insurance, State unemployment insurance and State training taxes, and for all other payments made to, or on behalf of, the workmen, other than actual wages as defined in Section 11.4.2 and subsistence and travel allowance as specified in Section 11.3.4.4.

11.3.4.4 Subsistence and Travel Allowance - The actual subsistence and travel allowance paid to such workmen.

11.3.4.5 Materials - The Owner reserves the right to furnish such materials as it deems advisable, and the Contractor shall have no claims for costs and markup on such materials.

Only materials furnished by the Contractor and necessarily used in the performance of the work will be paid for. The cost of such materials will be the cost to the purchaser, whether Contractor, subcontractor, or other forces, from the supplier thereof, except as the following are applicable:

11.3.4.6 If materials are procured by the purchaser by any method which is not a direct purchase from and a direct billing by the actual supplier to such purchaser, the cost of such materials shall be deemed to be the price paid to the actual supplier as determined by the Project Manager plus the actual costs, if any, incurred in the handling of such materials.

11.3.4.7 If the materials are obtained from a supply or a source owned wholly or in part by the purchaser, the cost of such materials shall not exceed the price paid by the purchaser for similar materials furnished from said source on contract items or the current wholesale price for such materials delivered to the job site, whichever price is lower.

11.3.4.8 If the cost of such materials is, in the opinion of the Project Manager, excessive, then the cost of such materials shall be deemed to be the lowest current wholesale price at which such materials are available in the quantities concerned delivered to the job site, less any discounts as provided in Section 11.4.1.

11.3.4.9 Equipment Rental - The Contractor will be paid for the use of equipment at the rental rates listed for such equipment in the Department of Transportation publication entitled Labor Surcharge and Equipment Rental Rates, which is in effect on the date upon which the work is accomplished and which is a part of the contract, regardless of ownership and any rental or other agreement, if such may exist, for the use of such equipment entered into by the Contractor. If it is deemed necessary by the Project Manager to use equipment not listed in the said publication, a suitable rental rate for such equipment will be established by the Project Manager. The Contractor may furnish any cost data, which might assist the Project Manager in establishment of such rental rates.

The rental rates paid as above provided shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs, and maintenance of any kind, depreciation, storage, insurance, and all incidentals.

Operators of rented equipment will be paid for as provided in Section 11.4.1(1) "Labor." All equipment shall, in the opinion of the Project Manager, be in good working condition and suitable

Page 22 of 36 ends

for the purpose for which the equipment is to be used.

Unless otherwise specified, manufacturer's ratings and manufacturer's approved modifications shall be used to classify equipment for the determination of applicable rental rates. Equipment that has no direct power unit shall be powered by a unit of at least the minimum rating recommended by the manufacturer.

Individual pieces of equipment or tools not listed in said publication and having a replacement value of $150 or less, whether or not consumed by use, shall be considered to be small tools and no payment will be made therefore.

Rental time will not be allowed while equipment is inoperative due to breakdowns.

11.3.4.10 Equipment on the Work - The rental time to be paid for equipment on the work shall be the time the equipment is in operation on the extra work being performed, and in addition, shall include the time required to move the equipment to the location of the extra work and return it to the original location or to another location requiring no more time than that required to return it to its original location, except that moving time will not be paid for if the equipment is used at the site of the extra work on other than such extra work. Loading and transporting costs will be allowed, in lieu of moving time, when the equipment is moved by means other than its own power, except that no payment will be made if equipment is used at the site of the extra work on other than such extra work.

The following shall be used in computing the rental time of equipment on the work:
(1) When hourly rates are listed, less than 30 minutes of operation shall be considered to be ½ hour of operation.
(2) When daily rates are listed, less than 4 hours of operation shall be considered to be ½ day of operation.

11.3.4.11 Equipment Not on the Work - For the use of equipment moved in on the work and used exclusively for extra work paid for on a force account basis, the Contractor will be paid the rental rates listed in the Department of Transportation publication entitled Labor Surcharge and Equipment Rental Rates, which is in effect on the date upon which the work is accomplished and which is a part of the contract, and for the cost of transporting the equipment to the location of the work and its return to its original location, all in accordance with the following provisions:
(1) The original location of the equipment to be hauled to the location of the work shall be agreed to by the Project Manager in advance.
(2) The Owner will pay the costs of loading and unloading such equipment. (3) The cost of transporting equipment in low bed trailers shall not exceed the hourly rates charged by established haulers.
(4) The cost of transporting equipment shall not exceed the applicable minimum established rates of the Public Utilities Commission.
(5) The rental period shall begin at the time the equipment is unloaded at the site of the extra work, shall include each day that the equipment is at the site of the extra work, excluding Saturdays, Sundays, and legal holidays unless the equipment is used to perform the extra work on such days, and shall terminate at the end of the day on which the Project Manager directs the Contractor to discontinue the use of such equipment. The rental time to be paid per day will be in accordance with the following:

Hours Equipment Hours to is
in Operation be Paid
0 4

0.5 4.25
1 4.5

1.5 4.75

Page 23 of 36 ends

2 5

2.5 5.25
3 5.5

3.5 5.75
4 6

4.5 6.25
5 6.5

5.5 6.75
6 7

6.5 7.25
7 7.5

7.5 7.75
8 8
Over 8 Hours in operation
The hours to be paid for equipment which is operated less than 8 hours due to breakdowns, shall not exceed 8 less the number of hours the equipment is inoperative due to breakdowns.

When hourly rates are listed, less than 30 minutes of operation shall be considered to be ½ hour of operation.

When daily rates are listed, payment for ½ day will be made if the equipment is not used. If the equipment is used, payment will be made for one day.
(6) Should the Contractor desire the return of the equipment to a location other than its original location, the Owner will pay the cost of transportation in accordance with the above provisions, provided such payment shall not exceed the cost of moving the equipment to the work. (7) Payment for transporting and loading and unloading equipment, as above provided will not be made if the equipment is used on the work in any other way than upon extra work paid for on a force account basis.

When extra work, other than work specifically designated as extra work in the plans and specifications, is to be paid for on a force account basis, and the Project Manager determines that such extra work required the Contractor to move on to the work equipment which could not reasonably have been expected to be needed in the performance of the contract, the Project Manager may authorize payment for the use of such equipment at equipment rental rates in excess of those listed as applicable for the use of such equipment subject to the following additional conditions:
(a) The Project Manager shall specifically approve the necessity for the use of particular equipment on such work.
(b) The Contractor shall establish to the satisfaction of the Project Manager that such equipment cannot be obtained from his normal equipment source or sources and those of his subcontractors.
(c) The Contractor shall establish to the satisfaction of the Project Manager that the proposed equipment rental rate for such equipment from his proposed source is reasonable and appropriate for the expected period of use.
(d) The Project Manager shall approve the equipment source and the equipment rental rate to be paid by the City before the Contractor begins work involving the use of said equipment.

11.3.4.12 Owner-Operated Equipment - When owner-operated equipment is used to perform extra work to be paid for on a force account basis, the Contractor will be paid for the equipment and operator, as follows:

Payment for the equipment will be made in accordance with the provisions in Section

11.3.4.10, "Equipment Rental."
Payment for the cost of labor and subsistence or travel allowance will be made at the rates

Page 24 of 36 ends

paid by the Contractor to other workmen operating similar equipment already on the project, or in the absence of such workmen, at the rates for such labor established by collective bargaining agreements for the type of workman and location of the work, whether or not the owner-operator will be added to the cost of labor described herein, in accordance with provision in Section 11.3.4.3 "Labor Surcharge. “To the direct cost of equipment rental and labor, computed as provided herein, will be added the markups for equipment rental and labor as provided for in Section 11.3.1 "Work Performed by Contractor."

11.4.1 Work Performed by Special Forces or Other Special Services - When the Project Manager and the Contractor, by agreement, determine that a special service for an item of extra work cannot be performed by the forces of the Contractor or those of any of his subcontractors, such services or extra work item may be performed by a specialist. Invoices for such service of item of extra work on the basis of the current market price thereof may be accepted without complete itemization of labor, material and equipment rental costs when it is impractical and not in accordance with the established practice of the special service industry to provide such complete itemization.

In those instances wherein a Contractor is required to perform extra work necessitating a fabrication or machining process in a fabrication or machine shop facility away from the job site, the charges for that portion of the extra work performed in such facility, may, by agreement, be accepted as a specialty billing.

To the specialist invoice price, less a credit to the City for any cash or trade discount offered or available, whether or not such discount may have been taken, will be added 15 percent in lieu of the percentages provided in Section 11.3.1 "Work Performed by Contractor."

11.4.2 Records - The Contractor shall maintain his records in such a manner as to provide a clear distinction between the direct costs of extra work paid for on a force account basis and the costs of other operations.

11.5 The amount of credit to be allowed to City for any change which results in a net decrease in cost of the work, will be the amount of the actual net decrease as determined by the Project Manager. When both additions and credits are involved in any one change, any Contractor's fee under paragraph11.3.3 shall be calculated on the basis of the net increase, if any.

11.6 Whenever the cost of any work is to be determined pursuant to paragraph 11.3, Contractor will submit in form prescribed by City an itemized cost breakdown together with supporting data.

11.7 Disputes, claims and matters in question arising out of or relating to the interpretation of implementation of Article 11 shall be submitted and resolved in accordance with paragraph 8.5.

11.8 Cash Allowances - NOT APPLICABLE

Page 25 of 36 ends

CONTRACT CHANGE ORDER FORM

11.9 All parties agree that the following form shall be used for all change orders:

CONTRACT CHANGE ORDER NO.

Date Sheet of
. You are hereby directed to make the herein-described changes from the plans and specifications, or do the following described work in accordance with applicable provisions of the Contract Documents. Work described herein shall include furnishing of all materials, equipment, labor and services necessary for its completion.

This Change Order constitutes a full accord and satisfaction as to claims for all additional costs and extensions of the contract time relating to the portion of the work described under the term "Item." The execution of this Change Order is a waiver of any rights or claims by the Contractor to any additional compensation for the "Item" work or extensions of the contract time for that work.

ITEM:

The above changes result in the following adjustments to the Contract Price: Add/Deduct $ .

Contract Time is increased/decreased/unchanged working days by this Change Order. I, the undersigned Contractor, SUBMITTED BY:
have given careful consideration
to the change proposed and hereby
agree to do the work above specified

ENGINEER/A
RCHITECT and will accept as full payment
therefore the prices shown above. RECOMMENDED FOR APPROVAL:

By: By:

CONTRACTOR PROJECT MANAGER
By:

TITLE
Date: Date:

APPROVED BY:

APPROVAL:

BY:

CHIEF ADMINISTRATOR
Distribution:

District (Master)
Contractor (Master)
ENGINEER/ARCHITECT (Copy)
Project Manager (Copy)
1 of 2 Change Order __

Page 26 of 36 ends

CONTRACT CHANGE ORDER NO.

PROJECT
Date:

The Contract is changed as follows:

CCO # COR # DESCRIPTION AMOUNT
Requested by:

Reason: ADD
Requested by:

Reason:

TOTAL CHANGE ORDER NO. ADD $0.00
The original Contract Sum $0
Net Change by previously authorized Change Orders $0
The Contract Sum prior to this Change Order $0
The Contract Sum will be increased by this Change Order in the amount of $0
The New Contract Sum including this Change Order will be $0 The Contract Time will be extended (-0-) work days
2 of 2 Change Order
ARTICLE 12 - CHANGE OF THE CONTRACT TIME

12.1 Contract Time

12.1.1 The City may extend, reduce or adjust the contract time without invalidating the Contract Documents and without notice to the Surety. The contract time may only be changed by a change order. Any claim for an extension in the contract time shall be based on written notice to Project Manager within five (5) days of commencement of the event giving rise to the claim. The notice shall set forth the reasons for the delay, the date of its commencement, the extent of the delay, together with such supporting data as may be required by Project Manager. Change in the contract time shall be incorporated in a change order. Failure to present notice of claim in writing within the stated five days constitutes a waiver for any delay claim.

12.1.2 In the event it is deemed necessary to extend the time for completion of the work, such extensions shall in no way release any guarantee given by the Contractor pursuant to the provisions of the Contract Documents, or the contract let hereunder, nor shall such extension of time relieve or release the Sureties on the bonds executed pursuant to said provision. The Sureties in executing such bonds shall be deemed to have expressly agreed to any such extension of time. The amount of time allowed in any extension of time shall be limited to the period of the delay giving rise to the same as determined by the City.

12.1.3 The amount of time extension, if any, to which the Contractor is entitled shall be determined by the Project Manager. No damages of any sort shall be paid to Contractor for delay, disruption, halting, cessation or temporary abandonment, no matter from what cause. Parties acknowledge that on this project, revisions to the plans and specifications will be needed, and Contractor waives, by entering into the Agreement with City, any damages caused by such revision or any other source during the term of this contract. Notwithstanding any dispute which may arise in connection with a claim for adjustment of the contract time, Contractor shall proceed with the work promptly and directly.

12.2 Liquidated Damages

12.2.1 The work prescribed by the Contract Documents must be completed within the time set forth in the Agreement, or damage will be sustained by the City. Any delay could cause delay to operations of the City depriving the City of the scheduled beginning of the use of the facility under construction.

The parties hereto recognize that, because of the foregoing special circumstances, it is impractical and extremely difficult to fix the actual damages.

12.2.2 Accordingly, the parties hereto agree, and by execution of the Agreement the Contractor acknowledges that he understands, has ascertained and agrees, that the Contractor shall pay to the City, as liquidated damages, and not as a penalty or forfeiture, the amounts herein set forth for the failure of the Contractor to substantially complete the entire work within the time specified.

12.2.3 Time is therefore of the essence in these Contract Documents and it is imperative that the work included in these Contract Documents be substantially completed within the specified time.

12.2.4 Since it is impossible or extremely impractical, presently, to determine the actual amount of damages which the City will sustain by reason of such delay, it is, therefore, agreed that the Contractor will pay to the City liquidated damages in the amount as set forth in subparagraph 12.2.6, for each and every calendar day beyond the time set forth in the Agreement, as adjusted, until the time of completion as determined in paragraph 14.5. The Contractor agrees to promptly pay such liquidated damages as are herein provided. In case the same are not so paid, Contractor agrees that the City may deduct the amount thereof from any money due or that may become due the Contractor under the contract.

12.2.5 The parties have endeavored to estimate the actual damages likely to be suffered by the City in the event of a delay in completion beyond the time set forth in the Agreement, and agree that the amount is a reasonable estimate of the City's actual damages and are just and reasonable sums under the circumstances presently existing.

12.2.6 It is agreed that the amount of liquidated damages to be paid by the Contractor to the City for failure to complete the entire work specified by the Contract Completion Date or to meet any deadline set forth in the Agreement for the completion of specified work (as extended, if applicable) is two hundred fifty dollars and no/cents ($250.00) for each calendar day, continuing after the Substantial Completion Date, as indicated in the Agreement, to the date of actual substantial completion, or until the time of completion of the work necessary to meet such a deadline, as the case may be.

12.2.7 In the event the Contractor shall become liable for liquidated damages under this Section, the City in addition to all other remedies provided by law, shall have the right to require the Project Manager to withhold any and all retained percentages of payments, subject to the requirements of Sections 10263 and 22300 of the Public Contracts Code, which would otherwise be or become due the Contractor until the liability of the Contractor under this Section has been finally determined. The City shall have the right to use and apply such retained percentages, in whole or in part, to reimburse the City for all liquidated damages due or to become due to the City. Any remaining balance of such retained percentages shall be paid to the Contractor only after discharge in full of all liability incurred by the Contractor under this Section or otherwise. If the retained percentage is not sufficient to discharge all such liabilities of the Contractor, the Contractor shall continue to remain liable to the City until all such liabilities are satisfied in full.

12.2.8 Such amount will be in each case the actual cash value agreed upon as the loss to the City resulting from the Contractor's default.

12.2.9 Disputes, claims and matters in question arising out of or relating to the interpretation or implementation of Article 12 shall be submitted and resolved in accordance with paragraph 8.4.

ARTICLE 13 - WARRANTY AND GUARANTEE; TEST AND INSPECTIONS; CORRECTION,

REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK

13.1 Warranty and Guarantee

13.1.2 Contractor warrants and guarantees to City that all materials and equipment will be unless otherwise specified, all work will be of good quality, free from faults or defects, in accordance with the requirements of the Contract Documents and of any inspections, tests or approvals referred to in paragraph 13.2. All unsatisfactory work, all faulty or defective work, and all work not conforming to the requirements of the Contract Documents at the time of acceptance thereof or of such inspections, tests or approvals shall be considered defective. All defective work, whether or not in place, may be rejected, corrected or accepted as the City may direct.

13.2 Tests and Inspections

13.2.1 If laws, ordinances, rules, regulations or orders of any public authority having jurisdiction require any work to be specifically inspected, tested or approved by some public body, Contractor shall assume full responsibility therefore, pay all costs in connection therewith, and furnish the Project Manager with the required certificates of inspection, testing or approval. All other inspections, tests and approvals required by the Contract Documents shall be performed by City and the costs be paid by City unless otherwise specified.

13.2.2 Contractor shall give Project Manager and ENGINEER/ARCHITECT timely notice of readiness of the work for all inspections, tests or approvals. If any such work required so to be inspected, tested or approved is covered before such inspections, tests, or approvals are made, without written approval of the Project Manager, it must, if requested by the Project Manager or ENGINEER/ARCHITECT, be uncovered for observation, and such uncovering and replacement shall be at Contractor's expense.

13.2.3 Neither observations by Project Manager and ENGINEER/ARCHITECT nor inspections, tests or approvals shall relieve Contractor from his obligations to perform the work in accordance with the requirements of the Contract Documents.

13.2.4 Any defective work, which may be discovered before final acceptance of the work, shall be corrected immediately by the Contractor, and any unsatisfactory materials shall be rejected, notwithstanding that they may have been overlooked by an inspector. The inspection of the work shall not relieve the Contractor of any of his obligations to perform satisfactory work as herein prescribed.

13.2.5 Failure or neglect on the part of the City or any of its authorized agents to condemn or reject bad or inferior work or materials shall not be construed to imply an acceptance of such work or materials if it becomes evident at any time prior to final acceptance of the work; neither shall it is construed as barring the City at any subsequent time from recovery of damages or of such a sum of money as may be needed to build all portions of the work in which fraud was practiced or improper materials used whenever found.

13.3 Access to Work

13.3.1 The City and its representative and the ENGINEER/ARCHITECT and his representatives will at all times have access to the work. Contractor shall provide proper and safe facilities for such access and observation of the work and also for any inspection or testing thereof by others.

13.4 Uncovering the Work

13.4.1 Work, which is supposed to be tested prior to covering or inspecting, and which has been covered prior to testing or inspection must, if requested by Project Manager or ENGINEER/ARCHITECT, be uncovered for observation and replaced at Contractor's expense.

13.4.2 The Project Manager may request any work to be uncovered and inspected and tested. If such work is found to be defective, Contractor shall bear the expense of uncovering, exposure, inspection, testing, correction and recovering. If the work is not found to be defective, Contractor shall be allowed an increase in contract price and, if necessary, an extension of time to cover all-time and cost expended. Such increase and extension shall be granted pursuant to Articles 10, 11, and 12.

13.5 City May Stop the Work

13.5.1 If the work is defective, or Contractor fails to supply sufficient skilled workmen or suitable materials or equipment, or if Contractor fails to make prompt payments to subcontractors or for labor, materials or equipment, City may order Contractor to stop the work, or any portion thereof, until the cause for such order has been eliminated. This right of City to stop the work shall not give rise to any duty on the part of City to exercise this right for the benefit of Contractor or any other party.

13.6 Correction or Removal of Defective Work

13.6.1 The Project Manager may require the Contractor, prior to approval of final payment, without cost to City and as specified by Project Manager, to either correct any defective work, whether or not fabricated, installed or completed, or, if the work has been rejected by Project Manager or ENGINEER/ARCHITECT, remove it from the site and replace it with nondefective work. If Contractor does not correct such defective work or remove and replace such rejected work within a reasonable time, all as specified in a written notice from Project Manager, City may have the deficiency corrected or the rejected work removed and replaced by other persons. All direct or indirect costs of such correction or removal and replacement, including compensation for additional professional services, shall be paid by Contractor.Contractor shall also bear the expenses of making good all work of others destroyed or damaged by his correction, removal or replacement of his defective work.

13.6.2 The Contractor shall remove from the site within 48 hours, when so directed by the Project Manager, any materials which are not in conformance with the Contract Documents.

13.7 One Year Correction Period

13.7.1 If, after the approval of final payment and prior to the expiration of one year after the date of Notice of Completion or such longer periods of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents, any work is found to be defective, Contractor shall promptly, without cost to City and in accordance with City's written instructions, either correct such defective work, or, if it has been rejected by City, remove it from the site and replace it with nondefective work. If Contractor does not promptly comply with the terms of such instructions, City may have the defective work corrected or the rejected work removed and replaced by other persons and all direct and indirect costs of such removal and replacement, including compensation for additional professional services, shall be paid by Contractor. The requirements of this paragraph shall be cumulative with such other indemnification, warranties and guarantees as provided by the Contract Documents, at law and in equity, and shall not be deemed a limitation of any sort on the rights and remedies of the City against the Contractor

13.7.1.1 The warranties, extended warranties and guarantees in these General Conditions and in the Specification shall be cumulative with such other indemnification, warranties and guarantees as provided by the Contract Documents, or at law or in equity, and shall be deemed a limitation of any sort on the rights and remedies of the City against the Contractor.

13.8 Acceptance of Defective Work

13.8.1 If, instead of requiring correction or removal and replacement of defective work, City prefers to accept it, it may do so. In such case, if acceptance occurs prior to approval of final payment, a change order shall be issued incorporating the necessary revisions in the Contract Documents, including appropriate reduction in the contract price; or, if the acceptance occurs after approval of final payment, an appropriate amount shall be paid by Contractor to City.

13.9 Work Neglected by Contractor

13.9.1 If Contractor fails to prosecute the work in accordance with the Contract Documents, including any requirements of the construction schedule, City may give Contractor written notice. Contractor shall respond to City within 24 hours' receipt of said notice, and conform to said notice within 7 days.

City may, without prejudice to any other remedy it may have, make good deficiencies, and the cost thereof (including compensation for additional professional services) shall be charged against Contractor. If the payments then or thereafter due Contractor are not sufficient to cover such amount, Contractor shall pay the difference to City.

ARTICLE 14 - PAYMENTS AND COMPLETION

14.1 Schedules:

14.1.1 Work Schedule and activity cost data developed in connection therewith as described in the General Requirements. No progress payment will be made until after the Schedule has been updated as of the date of application. The activity cost data will be incorporated into the form of Application for Payment furnished by the City.

14.2 Application for Progress Payment:

14.2.1 Once a month Contractor shall submit to Project Manager and ENGINEER/ARCHITECT for review an Application for Payment filled out and signed by Contractor covering the work completed as of the date of the application and accompanied by such data, vouchers and schedules as may reasonably be required. No payment shall be made for any work or material not specifically incorporated in the project, except equipment purchased by Contractor, delivered to and stored in a bonded warehouse acceptable to the Owner. Payment for 95% of the invoiced value of such equipment may be made, subject to the inspection by and approval of the Owner. Equipment that qualified for such payment while not incorporated into the work, is limited to: special order transformers, generators, pumps, valves, and motors. Items which are "stock" or "off the shelf" which are readily available are not, under any circumstances, eligible for payment under this provision.

14.2.2 Mobilization, bonds, and insurance premiums will be paid as part of the first progress payment if these costs are identified as part of the cost allocation required under General Requirements, Section 01310. Each subsequent Application for Payment shall include an affidavit of Contractor stating that all previous progress payments received on account of the work have been applied to discharge in full all of Contractor's obligations reflected in prior Applications for Payment and otherwise. Failure to submit any data and affidavits as may be required by this paragraph shall be grounds for rejection of the Application for Payment. This payment will be made pursuant to paragraph 14.11

14.3 Contractor's Warranty of Title:

14.3.1 Contractor warrants and guarantees that title to all work, materials and equipment covered by any Application for Payment, whether incorporated in the project or not, will pass to City at the time of payment, free and clear of all liens, claims, security interests and encumbrances (hereinafter in these General Conditions referred to as "liens"). The City may, at any time, require the Contractor to post, at Contractor's expense, a lien release bond as to any lien filed against the project.

14.4 Approval of Payments:

14.4.1 The Project Manager will, within fifteen days after receipt of each Application for Payment, either indicate in writing his approval for payment or return the application to Contractor indicating his reasons for refusing to approve payment. City shall, within 30 days of presentation to it of an approved Application for Payment, review said application and if found acceptable in form and amount, pay Contractor the amount approved.

14.4.2 The City will pay 95% of the amount due the Contractor as progress payments. The remaining monies will be paid pursuant to paragraph 14.9.1.

14.4.3 The Contractor may elect to receive 100% of payments due under the contract from time to time, without retention of any portion of the payment by the public agency, by depositing securities of equivalent value with the public agency in accordance with the provisions of Section 4590 of the Government Code. Such securities, if deposited by the Contractor, shall be valued by the public agency's Finance Director (Treasurer), whose decision on valuation of the securities shall be final.

14.4.4 The granting of any progress payment, or the receipt thereof by the Contractor, shall not constitute acceptance of the work or any portion thereof, and shall in no way lessen the liability of the Contractor to replace unsatisfactory work or material, though the unsatisfactory character of such work or material may not have been apparent or detected at the time such payment was made.

14.4.5 It is mutually understood and agreed that when under any provision of this contract the City shall charge any sum of money against the Contractor, the amount of such charge shall be deducted and retained by the City from the amount of the next succeeding progress estimate, or from any other moneys due or that may become due the Contractor on account of the contract. If on completion ortermination of the contract such moneys due the Contractor are found insufficient to cover the City's charges against him the City shall have the right to recover the balance from the Contractor or his sureties.

14.4.6 The City may withhold up to 125% of the estimated cost of remedial work from payments otherwise due the Contractor, if in the judgment of the Project Manager or ENGINEER/ARCHITECT the Contractor has failed to make satisfactory progress on the completion of remedial work, or is otherwise in violation of any requirement, duty, obligation or covenant contained in the Contract Documents. Such withholding is supplementary to the retention amount required by these Contract Documents.

14.4.7 City may refuse to approve the whole or any part of any payment because of subsequently discovered evidence, change in circumstances or the results of subsequent inspections or tests, and may nullify any such payments previously approved to such extent as may be necessary in their opinion to protect City from loss, because:

14.4.7.1 the work is defective, or completed work has been damaged requiring correction or replacement;

14.4.7.2 claims or liens have been filed, or there is reasonable cause to believe such may be filed;

14.4.7.3 the contract price has been reduced because of modification;

14.4.7.4 City has been required to correct defective work or complete the work;

14.4.7.5 of unsatisfactory prosecution of the work including failure to furnish acceptable submittals; or

14.4.7.6 the Contractor has failed to comply with the Contract Documents, direction of City or with the requirements of the law.

14.5 Notice of Completion:

14.5.1 Contractor will certify in writing to City, prior to final payment, that the entire project is substantially complete and request that City issue a Notice of Completion. Within a reasonable time thereafter, Project Manager, Contractor, and ENGINEER/ARCHITECT shall make a review of completeness. If Project Manager does not consider the project substantially complete, Project Manager will notify Contractor in writing giving his reasons. If Project Manager considers the project substantially complete, Project Manager will prepare a provisional Notice of Completion which shall fix the tentative date of Substantial Completion and the responsibilities for maintenance and utilities.

There shall be attached to the provisional certificate a list of items to be completed or corrected before final payment, and the provisional certificate shall fix the time within which such items be completed or corrected, said time to be within the contract time. Section 01700 shall apply to this paragraph.

14.5.2 Contractor shall have seven days after receipt of the provisional certificate during which he may make written objection to Project Manager as to any provisions of the provisional certificate or attached list. If, after considering such objection, Project Manager concludes that the project is not substantially complete, Project Manager will within seven days after submission of the objection notify Contractor thereof in writing stating the reasons. Upon Contractor's completion of the items listed on the provisional certificate, and upon satisfaction of the terms and conditions of the provisional certificate, the Project Manager shall issue a final Notice of Completion, which shall fix date as may be necessary or appropriate. Project Manager's determination of the date of Substantial Completion and other items under this paragraph shall be final and conclusive on Contractor. Section 01700 shall apply to this paragraph.

14.5.3 Project Manager shall have the right to exclude Contractor from the project site after the date of Substantial Completion, but Project Manager shall allow Contractor reasonable access to complete punch list items or perform correction and warranty work.

14.6 Partial Utilization:

14.6.1 Prior to final payment, Project Manager may request Contractor in writing to permit City to use a specified part of the project which it believes it may use without significant interference with construction of the other parts of the project. If Contractor agrees, it will certify to Project Manager and ENGINEER/ARCHITECT that said part of the project is substantially complete and request Project Manager to issue a certificate of Substantial Completion for that part of the project. Within a reasonable time thereafter Project Manager, Contractor and ENGINEER/ARCHITECT shall make an inspection of that part of the project to determine its status of completion. If Project Manager determines that such part is substantially complete, Project Manager shall issue a Certificate of Substantial Completion. If Project Manager does not consider that it is substantially complete, Project Manager will notify Contractor thereof in writing, giving its reasons. In case of partial utilization by the City, the provisions of General Requirements Section 01700 will govern with respect to the responsibilities of Contractor and City.

14.6.2 Partial utilization shall not limit any warranty or guarantee by the Contractor, nor shall it constitute a waiver of any right of the City, its successors or assigns.

14.7 Final Inspection:

14.7.1 The Contractor shall give written notice that the project is complete. Project Manager and ENGINEER/ARCHITECT will make a final review of completeness with Contractor, and will notify Contractor in writing of all particulars in which this review reveals that the work is incomplete or defective. Contractor shall immediately take such measures as are necessary to remedy such deficiencies.

14.8 Final Application for Payment:

14.8.1 The Contractor shall complete all such corrections to the satisfaction of the Project Manager and deliver all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection and other documents required by the Contract Documents or by the Project Manager. He may then make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied by such data as the Project Manager may reasonably require, together with complete releases - waivers of liens in a form satisfactory to the Project Manager. Contractor shall also be required to furnish receipts or releases in full; and affidavit that the releases and receipts include all labor, all payrolls, material and equipment for which a lien could be filed, and that all payrolls, material and equipment bills, and other indebtedness connected with the work for which City or his property might in any way be responsible, have been paid or otherwise satisfied; and consent of the Surety to final payment. If any subcontractor, material man, fabricator or supplier fails to furnish a release or receipt in full, Contractor may be required at Project Manager's sole discretion to furnish a bond or other collateral satisfactory to Project Manager to indemnify City against any lien, stop notice, or any other loss or liability. This payment is made pursuant to paragraph

14.11 and Section 01700.

14.9 Approval of Final Payment:

14.9.1 If, on the basis of observation and review of the work during construction, final inspection and review of the final Application for Payment, as required by the Contract Documents, Project Manager is satisfied that the work has been fully and satisfactorily completed and that Contractor has fulfilled all his obligations under the Contract Documents, Project Manager will file a Notice of Completion and, within fifteen days after receipt of the final Application for Payment, approved by Project Manager, indicate in writing its approval for payment.

14.9.2 If, on the basis of observation and review of the work during construction, final inspection and review of the final Application for Payment, as required by the Contract Documents, Project Manager is not satisfied that the work has been fully and satisfactorily completed, and that Contractor has not fulfilled all his obligations under the Contract Documents, Project Manager will, within fifteen days after receipt of the final Application for Payment, indicate in writing his disapproval for payment.

Thereupon Project Manager will give written notice to Contractor indicating in writing the reasons for refusing to approve final payment, in which case Contractor shall make the necessary corrections and resubmit the Application.

14.9.3 City shall make payment, including retention, to Contractor, pursuant to an approved final application for Payment, within 15 days of its approval, or on the 30th day following the recording of the Notice of Completion, whichever date is later. The approval and payment procedures described in paragraphs 14.10, 14.11, and 11.4 shall apply to this paragraph.

14.9.4 The Contractor and each assignee under any assignment in effect at the time of final payment shall, if required by the Project Manager, execute and deliver at the time of final payment and as a condition precedent to final payment, a release in form and substance satisfactory to and containing such exemptions as may be found appropriate by the City, discharging the City, Project Manager, and their elected officials, officers, agents, and employees of and from all liabilities, obligations and claims arising under this contract.

14.10 Contractor's Continuing Obligation:

14.10.1 Contractor's obligation to perform the work and complete the project in accordance with the Contract Documents shall be absolute. Neither approval of any progress or final payment by City, nor the issuance of a Notice of Completion, nor any payment by City to Contractor under the Contract Documents, nor any use or occupancy of the project by City shall constitute an acceptance of work not in accordance with the Contract Documents.

14.11 Waiver of Claims:

14.11.1 The making and acceptance of each progress payment and of final payment shall constitute a waiver of all prior claims by Contractor against City which have not been brought to the notice of the City as provided in the Contract Documents.

14.11.2 If any claim or lien or stop-notice or any other demand for payment or security therefore, including claims or demands upon the performance and payment bond sureties, is made or filed with or against City, the project or the premises by any person claiming that Contractor or any subcontractor or other person under it has failed to perform its contractual obligations or to make payment for any labor, services, materials equipment, taxes or other items or obligations furnished or incurred for or in connection with the work, or if at any time there shall be evidence of such nonperformance or non- payment or of any claim or lien or stop-notice or other demand for which, if established, City might become liable and which is chargeable to Contractor; or if Contractor or any subcontractor or other person under it causes damage to the work or to any other work on the project; or if the Contractor fails to perform or is otherwise in default under any of the terms or provisions of the Contract Documents, the Project Manager shall have the right to retain from any payment then due or thereafter to become due an amount which in his sole discretion he deems sufficient to:

14.11.2.1 satisfy, discharge and defend against any such claim or lien or stop-notice or other demand, or any action which may be brought or judgment which may be recovered thereon;

14.11.2.2 make good any such non-payment, nonperformance, damage, failure or default; and

14.11.2.3 compensate City for and indemnify it against any and all losses, liability, damages, costs and expenses (including attorneys', accountants', consultants' and experts' fees and costs) which may be sustained or incurred in connection therewith.

14.11.3 City shall have the right to apply and charge against Contractor as much of the amount retained as may be required for the foregoing purposes. If the amount retained is insufficient therefore, Contractor shall be liable for the difference and upon written demand immediately pay the same to the City. The provisions of this paragraph are in addition to such other rights and entitlements as the City may enjoy against Contractor as elsewhere provided in the Contract Documents, and at law and in equity.

14.11.4 Should any subcontractor, material man, supplier or other such person file or maintain any action on or respecting a claim of mechanic's lien, stop-notice, against payment or performance bond, Contractor shall immediately and at his own expense procure, furnish and record appropriate release bonds in accordance with California Civil Code Section 8000 et. seq., and California Code of Civil Procedure Sections 405 through 405.24, inclusive. Upon Contractor's failure immediately to procure, furnish and record such release bonds, City shall have right to procure and record such release bonds, and to retain from Contractor's payment the cost thereof. The provisions of this paragraph are in addition to such other rights and entitlements as enjoyed by the City against Contractor as elsewhere provided in the Contract Documents, and at law and in equity.

14.12 Price Reduction For Defective Cost or Pricing Data

14.12.1 If the Owner determines that any price (including profit) negotiated in connection with the contract, or any cost reimbursable under this contract, was increased by any significant sums because the Contractor, or any subcontractor furnished incomplete or inaccurate cost or pricing data or data not current, then such price or cost or profit shall be reduced accordingly and the contract shall be modified in writing to reflect such reduction. Failure to agree on a reduction shall be subject to the Disputes Resolution clause of this contract.

14.12.2 Since the contract is subject to reduction under this clause by reason of defective cost or pricing data submitted in connection with certain subcontracts, the Contractor may wish to include a clause in each such subcontract requiring the subcontractor to appropriately indemnify the Contractor. It is also expected that any subcontractor subject to such indemnification will generally require substantially similar indemnification for defective cost or pricing data required to be submitted by his lower tier subcontractors.

14.13 Covenant Against Contingent Fees

14.13.1 The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this warranty the City shall have the right to annul this contract without liability or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee.

14.14 Gratuities

14.14.1 If the Owner finds, after notice and hearing, that the Contractor or any of the Contractor's agents or representatives offered or gave gratuities (in the form of entertainment, gifts, or otherwise) to any official, employee, or agent of the Owner in an attempt to secure a contract or favorable treatment in the awarding, amending, or making any determinations related to the performance of this contract, the City may, by written notice to the Contractor, terminate the right of the Contractor to proceed under this contract. The City may also pursue other rights and remedies that the law or this contract provides. However, the existence of the facts upon which the City makes such findings shall be in issue and may be reviewed in proceedings under the remedy clause of this contract.

14.14.2 In the event this contract is terminated as provided in this clause, the City shall be entitled (1) to pursue the same remedies against the Contractor as it could pursue in the event of a breach of the contract by the Contractor, and (2) as a penalty in addition to any other damages to which it may be entitled by law, to exemplary damages in an amount (as determined by the City) which shall be not less than 3 nor more than 10 times the costs the Contractor incurs in providing any such gratuities to any such officer or employee.

ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION

15.1 City May Suspend Work

15.1.1 The City may, at any time and without cause, suspend the work or any portion thereof by notice in writing to Contractor. Contractor shall resume the work when so ordered in writing by City.

15.2 City May Terminate

15.2.1 The City may, without prejudice to any other right or remedy and after giving Contractor and his Surety seven calendar days written notice, terminate the services of Contractor and take possession of the project and of all materials, equipment, tools, construction equipment and machinery thereon owned by Contractor, and finish the work by whatever method it may deem expedient, if the Contractor is adjudged as bankrupt or insolvent, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for Contractor or for any of his property, or if he files a petition to take advantage of any debtor's act, or to reorganize under the bankruptcy or similar laws, or if he fails to supply sufficient skilled workmen or suitable materials or equipment, or if he fails to make prompt payments to subcontractors or for labor, materials or equipment or if he disregards laws, ordinances, rules, regulations or orders of any public body having jurisdiction, or if he disregards the authority of Project Manager, or if he otherwise violates any provisions of the Contract Documents. In such case Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the contract price exceeds the direct and indirect costs of completing the project, including compensation for additional professional services, such excess shall be paid to Contractor. If the costs exceed such balance, Contractor shall pay the difference to City.

15.2.2 The termination of the Contractor's services by the City shall not affect any rights of the City against the Contractor then existing or which thereafter accrue. The retention of any payment of money by City due Contractor will not release the Contractor from liability.

15.2.3 The City may, after seven calendar days' written notice to Contractor, without cause and without prejudice to any other right or remedy, elect to abandon the project and terminate the agreement. In such case, Contractor shall be paid for all work then executed, any expense sustained, plus a reasonable profit.

15.2.4 The Contractor may not, under any condition, terminate or stop work because of a dispute, claim or any matter in controversy under the Contract Documents, then under submission, or previously resolved by a final and conclusive decision under paragraph 8.4.

ARTICLE 16 - MISCELLANEOUS

16.1 Giving Notice

16.1.1 Notice shall be deemed to have been validly given if delivered in writing to the individual or member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to him who gives the notice. Notice shall be effective as of the date of personal service or mailing.

16.2 General

16.2.1 All moneys not paid when due hereunder shall bear interest at the rate of 7% annually.

16.2.2 All specifications, drawings, and copies thereof furnished by the ENGINEER/ARCHITECT shall be the property of City. They shall not be used on another project, and, with the exception of those sets that have been signed in connection with the execution of the Agreement, shall be returned to the City on request upon completion of the project.

16.2.3 The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon Contractor by the General Conditions and the rights and remedies available to City and Project Manager thereunder, shall be in addition to, and shall not be construed in any other way as a limitation of, any rights and remedies available to them which are otherwise imposed or available by law, by special guarantee or by other provisions of the Contract Documents.

16.2.4 Should City or Contractor suffer injury or damage to his person or property because of any error, omission or act of the other or any of his employees or agents or others for whose acts he is legally liable, notice of said injury shall be made in writing to the City within five days of the first observance of such injury or damage.

16.2.5 The Contract Documents shall be governed by the laws of the State of California. In case any provision of the Contract Documents, including without limitation these General Conditions, shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any other way be affected or impaired.

16.2.6 No waiver by City of any provision of the Contract Documents, including without limitations these General Conditions, shall constitute a waiver of any other provision thereof.

16.2.7 The waiver of any instance is not a waiver in the second instance.

ARTICLE 17 - EQUAL OPPORTUNITY

17.1 The Contractor shall maintain policies of employment as follows:

17.1.2 The Contractor and all subcontractors shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, or national origin. The Contractor shall take affirmative action to insure that applicants are employed, and that employees are treated during employment without regard to race, religion, color, sex or national origin. Such action shall include, but not be limited to the following: 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. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the policies of nondiscrimination.

17.2 See also Federal, State, County, and City requirements in - SUPPLEMENTARY CONDITIONS.

SUPPLEMENTARY CONDITIONS

1. Statements and Payrolls

1.1 The Contractor and each subcontractor shall preserve his payroll records for a period of three years from the date of completion of this contract.

1.2 The Contractor shall submit weekly a copy of all payrolls to the Project Manager. The copy shall be accompanied by a statement signed by the employer or his agent indicating that the payrolls are correct and complete and that the wage rates contained therein are not less than those determined by the Department of Industrial Relations. The Contractor and subcontractor may use standard forms furnished by the Project Manager or any other form approved by the Project Manager. The Contractor shall be responsible for the submission of copies of payrolls of all subcontractors.

1.3 The payrolls and payroll records shall contain the full name, address and social security number of each employee, his correct classification, rate of pay, daily and weekly number of hours worked, itemized deductions made and actual wages paid. They shall also indicate apprentices and ratio of apprentices to journeymen. The employees' address and social security number need only appear on the first payroll on which his name appears.

1.4 If, on or before the 20th of the month, the Contractor has not submitted satisfactory payrolls for all work performed during the monthly period ending on or before the 6th of that month, the Owner will retain an amount equal to 5 percent of the estimated value of the work performed during the month from the next monthly estimate, except that such retention shall not exceed $10,000 nor be less than $1,000. Retention for failure to submit satisfactory payrolls shall be additional to all other retention’s provided for in this contract. The retention for failure to submit payrolls for any monthly period will be released for payment on the monthly estimate for partial payments next following the date that all the satisfactory payrolls for which the retention was made are submitted.

2. Accident Prevention

2.1 Precautions shall be exercised at all times for protection of persons (including employees) and property. These shall include, but not be limited to, installation of adequate safety guards and protective devices for all equipment and machinery, whether used in the performance of work or permanently installed as part of the work. Contractor shall comply with all applicable laws relating to safety precautions, including safety regulations of CAL-OSHA.

2.2 Where conditions of the work present unreasonable risk or death to persons, or property damage, in the judgment of the Owner, it may direct Contractor at his sole expense, to close down the work and not commence work again until the hazardous condition is eliminated.

2.3 Nothing herein shall be deemed to allow use of shoring, sloping or protective system less effective than that required by the Construction Safety Orders of CAL-OSHA.

3. Air Pollution - State Requirements

3.1 In connection with Public Contracts Code Section 10231, Contractor and his subcontractors shall comply with all air pollution control rules, regulations, ordinances, and statutes which apply to any work performed pursuant to the contract, including any air pollution control rules, regulations, ordinances, and statutes specified in Government Code Section 11017. Fugitive Dust Permit and construction emission dust/control plan will be required by the Tehama County Air Pollution Control District (TCAPCD). They advised that open burning without a permit is restricted.

4. Anti-Trust Claims

4.1 By execution of this contract, Contractor agrees to and does hereby assign to awarding body all right, title, and interest in and to all causes of action it may have under the Clayton Act (15 U.S.C.

Sec. 15) Section 4 or under the Cartwright Act (Business and Professions Code) Section 16700 et. seq., arising from purchases of goods, services, or materials made in performance of this contract.

The parties shall deem this assignment effective at the time of the tender of final payment to Contractor without further acknowledgment. Contractor shall include, or cause to be included, similar provision in any subcontract entered into for any part of the work of this contract.

5. Anti-Kick Back

5.1 The Contractor must comply with the provisions in the Copeland "Anti-Kick Back Act" (18 USC 874) as supplemented in Department of Labor Regulations (29 CFR, Part 3). This Act provides that each contractor shall be prohibited from inducing, by any means, any person employed in the construction, completion or repair of public work, to give up any part of the compensation to which he is otherwise entitled.

6. Equal Opportunity - Federal Requirements

6.1 Selection of Labor: During the performance of this contract, the Contractor shall not discriminate against labor from any other State, possession or territory of the United States.

6.2 Employment Practices: During the performance of this contract, Contractor agrees as follows:
a. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contract will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoffs or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Owner setting forth the provisions of this nondiscrimination clause.
b. The Contractor will, in all solicitation or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex or national origin. c. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the Owner advising the said labor union or workers' representative of the Contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. d. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations (41 CRF, Part 60) and relevant orders of the Secretary of Labor.
e. The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations and order of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders.
f. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations or orders, this contract may be canceled, terminated or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts of Federally-assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by law.
g. The Contractor will include the provisions of this Section in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor.

No otherwise qualified handicapped individual in the United States as defined in Section 7 (5) of the Rehabilitation Act of 1973 (P.L. 93-112) shall, solely by reason of his handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under this contract.

6.3 Air Pollution - Federal Requirements: The Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970.

6.4 Assurance of Minority Business Enterprise Participation

6.4.1 The bidder's execution of the signature portion of this proposal shall also constitute execution of this assurance.

6.4.2 The bidder hereby gives assurance pursuant to the requirements of the code of federal regulations, that bidder has made a reasonable effort to employ Minority Business Enterprises.

Bidder further gives assurance that bidder will submit the documentation listing Minority Business Enterprises with which the bidder will subcontract if the contract is awarded to bidder and if bidder is unable to obtain MBE participation, of the steps bidder has taken to obtain MBE participation.

7. Fair Employment Practices - State Requirements

7.1 In connection with the performance of work under this contract, Contractor agrees as follows:
a. Contractor will not willfully discriminate against any employee or applicant for employment because of race, color, religious creed, physical handicap, medical condition, marital status, ancestry, sex or national origin. Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, ancestry, sex or national origin. Such action shall include, but not be limited to, the following: 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. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the awarding authority setting forth the provision of this Fair Employment Practices section.
b. Contractor will send to each labor union or representative of workers with which he has collective bargaining agreement or other contract or understanding, a notice, to be provided by awarding authority, advising said labor union or workers' representative of Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
c. Contractor will permit access to his records of employment, employment advertisements, application forms and other pertinent data and records by the Fair Employment and Housing Commission, awarding authority or any other appropriate agency of the State of California designated by awarding authority for purposes of investigation to ascertain compliance with Fair Employment Practices section of this contract. d. A finding of willful violation of the Fair Employment Practices section of this contract or of the Fair Employment and Housing Act shall be regarded by awarding authority as a basis for determining Contractor to be not a "responsible bidder" as to future contracts for which such Contractor may submit bids, for revoking the Contractor's prequalification rating, if any, and for refusing to establish, re-establish or re prequalification rating for the Contractor.

Contractor shall immediately notify Awarding Authority if it the Fair Employment and Housing Commission has determined that a complaint alleging that Contractor has violated the Fair Employment and Housing Act is valid. Contractor shall immediately provide to Awarding Authority any agreement Contractor entered into under Government Code section 12964 and immediately notify Awarding Authority of any civil action brought against Contractor pursuant to Government Code section 12964.

Awarding authority shall deem a finding of willful violation of the Fair Employment and Housing Act to have occurred upon receipt of notice any such notice from Contractor, the Fair Employment and Housing Commission, and or Superior or Federal Court.

Upon receipt of such written notice, Awarding authority shall notify Contractor that unless he demonstrates to the satisfaction of Awarding authority within a stated period that the violation has been corrected, his prequalification rating will be revoked at the expiration of such period.
e. Contractor agrees, that should the awarding authority determine the Contractor has not complied with the Fair Employment Practices section of this contract, then pursuant to Labor Code Sections 1735 and 1775, Contractor shall, as a penalty to the awarding authority, forfeit, for each calendar day, or portion thereof, for each person who was denied employment as a result of such non-compliance, the penalties provided in the Labor Code for violation of prevailing wage rates. Such moneys may be recovered from Contractor.

Awarding authority may deduct any such damages from any moneys due Contractor from the State of California.
f. Nothing contained in this Fair Employment Practices Section shall be construed in any manner or fashion so as to prevent awarding authority of the State of California from pursuing other remedies that may be available at law.

Nothing contained in this Fair Employment Practices section shall be construed in any manner or fashion so as to require or permit hiring of an employee not permitted by the National Labor Relations Act.
g. Prior to award of the contract, Contractor shall certify to awarding authority that he has or will meet the following standards for affirmative compliance, which shall be evaluated in each case by awarding authority:
(1) Contractor shall provide evidence, as required by the awarding authority, that he has notified all supervisors, foremen, and other personnel officers in writing of the content of the anti-discrimination clause and their responsibilities under it. (2) Contractor shall provide evidence, as required by awarding authority, that he has notified all sources of employee referrals (including unions, employment agencies, advertisements, Department of Employment Development) of the content of the antidiscrimination clause. (3) Personally, or through his representative, Contractor shall, through negotiations with unions with whom he has agreements, attempt to develop an agreement, which will:
(a) Spell out responsibilities for non-discrimination in hiring, referral, upgrading and training.
(b) Otherwise implement an affirmative anti-discrimination program in terms of the unions' specific areas of skill and geography, to the end that qualified minority workers will be available and given equal opportunity for employment. (4) Contractor shall notify contracting agency of opposition to the anti-discrimination clause by individuals, firms or organizations during the period of its prequalification. h. Contractor shall include the provisions of the foregoing paragraphs (a) through (g) in every first tier subcontract, so that such provisions will be binding upon each such subcontractor.

8. Additional Division of Labor Standards Enforcement Requirements

8.1 On each job site that is subject to compliance monitoring and enforcement by the Department of Industrial Relations, the prime contractor is required to post job site notices prescribed by regulation (See 8 Calif. Code Reg. §16451(d).

8.2 All contractors and subcontractors must furnish electronic certified payroll records directly to the Labor Commissioner (AKA Division of Labor Standards Enforcement) in compliance with California Labor Code Section 1776, with exceptions as specified in Labor Code section 1771.4(a)(4). .

General Requirements Page 1 of 42
DIVISION 01 – GENERAL REQUIREMENTS

TABLE OF CONTENTS
Division 1 - General Requirements
01090 Reference Standards
01200 Project Meetings
01300 Submittals
01310 Construction Schedule
01400 Quality Control
01410 Testing Laboratory Services
01500 Temporary Facilities
01540 Security and Protection
01590 Temporary General Services
01600 Material and Equipment / Substitutions
01700 Project Closeout
01720 Record Documents
General Requirements Page 2 of 42
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SECTION 01090

REFERENCE STANDARDS
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PART 1 - GENERAL

1.01 SECTION INCLUDES
A. Quality assurance.

B. Schedule of references.

1.02 RELATED SECTIONS
A. Standards as noted in individual Sections of these Specifications.

1.03 QUALITY ASSURANCE
Contractor shall:

A. For products or workmanship specified by association, trade, or Federal Standards, comply with requirements of the standard, except when more rigid requirements are specified or are required by applicable codes.

B. Conform to reference standard by date of issue current on date of Contract Documents, unless specifically noted.

C. Obtain copies of standards when required by Contract Documents.

D. Maintain a copy of the applicable reference standards at jobsite during submittals, planning, and progress of the specified work, until Substantial Completion.

E. Should specified reference standards conflict with Contract Documents, request clarification from the City before proceeding.

F. The contractual relationship of the parties to the Contract shall not be altered from the Contract Documents by mention or inference otherwise in any reference document.

1.04 SCHEDULE OF REFERENCES
AA Aluminum Association
818 Connecticut Avenue, N.W.

Washington, DC 20006
AABC Associated Air Balance Council
1000 Vermont Avenue, N.W.

Washington, DC 20005
AASHTO American Association of State Highway and Transportation Officials 444 North Capitol Street, N.W.

Washington, DC 20001
ACI American Concrete Institute
Box 19150
General Requirements Page 3 of 42
Reford Station
Detroit, MI 48219
AI Asphalt Institute
Asphalt Institute Building
College Park, MD 20740
AIA American Institute of
ENGINEER/ARCHITECTs 1735
New York Avenue, N.W.

Washington, DC 20006
AICS American Institute of Steel Construction
400 North Michigan Avenue
Eighth Floor Chicago,
IL 60611
AISI American Iron and Steel Institute
1000 16th Street, N.W.

Washington, DC 20036
AITC American Institute of Timber Construction
333 W. Hampden Avenue
Englewood, CO 80110
ANSI American National Standards Institute
1430 Broadway
New York, NY 10018
APA American Plywood Association
Box 11700
Tacoma, WA 98411
ARI Air-Conditioning and Refrigeration Institute
1501 Wilson Boulevard
Arlington, VA 22209
ASHRAE American Society of Heating, Refrigerating and Air Conditioning Engineers 1791 Tullie Circle, N.E.

Atlanta, GA 30329
ASME American Society for Testing and Materials
1916 Race Street
Philadelphia, PA 19103
AWPA American Wood-Preservers' Association
7735 Old Georgetown Road
Bethesda, MD 20014
AWS American Welding Society
550 LeJeune Road, N.W.

Miami, FL 33135
AWWA American Water Works Association
666 West Quincy Avenue
Denver, CO 80235
General Requirements Page 4 of 42
CLFMI Chain Link Fence Manufacturers Institute
1101 Connecticut Avenue, N.W.

Washington, DC 20036
CRSI Concrete Reinforcing Steel Institute
933 Plum Grove Road Schaumberg,
IL 60195
DHI Door and Hardware Institute
7711 Old Springhouse Road
McLean, VA 22102
FGMA Flat Glass marketing Association
3310 Harrison
White Lakes Professional Building
Topeka, KS 66611
FM Factory Mutual System
1151 Boston-Providence Turnpike
P.O. Box 688 Norwood,
MA 01062
FS Federal Specification
General Services Administration
Specifications and Consumer Information
Distribution Section (WFSIS)
Washington Navy Yard, Bldg. 197
Washington, DC 20407
GA Gypsum Association
1603 Orrington Avenue
Evanston, IL 60201
ICBO International Conference of Building Officials
5360 S. Workman Mill Road
Whittier, CA 90601
IEEE Institute of Electrical and Electronics Engineers
345 East 47th Street
New York, NY 10017
MFMA Maple Flooring Manufacturers Association
60 Rivere Drive
Northbrook IL 60062
MIL Military Specification
Naval Publications and Forms Center
5801 Tabor Avenue
Philadelphia, PA 19120
ML/SFA Metal Lath/Steel Framing Association
221 North LaSalle Street
Chicago, IL 60601
NCMA National Concrete Masonry Association
P.O. Box 781
Herndon, VA 22070
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NEBB National Environmental Balancing Bureau
8224 Old Courthouse Road
Vienna, VA 22180
NEMA National Electrical Manufacturers' Association
2101 "L" Street, N.W.

Washington, DC 20037
NFPA National Fire Protection Association
Battery March Park
Quincy, MA 02269
PCA Portland Cement Association
5420 Old Orchard Road
Skokie, IL 60077
PS Product Standard
U.S. Department of Commerce
Washington, DC 20203
RIS Redwood Inspection Service
One Lombard Street
San Francisco, CA 94111
RCSHSB Red Cedar Shingle and Handsplit Shake Bureau
515 116th Avenue
Bellevue, WA 98004
SDI Steel Deck Institute
P.O. Box 9506
Canton, OH 44711
SDI Steel Door Institute
712 Lakewood Center North
14600 Detroit Avenue
Cleveland, OH 44107
SIGMA Sealed Insulating Glass Manufacturers Association 111 East Wacker Drive
Chicago, IL 60601
SMACNA Sheet Metal and Air Conditioning Contractor's National Association 8224 Old Court House Road
Vienna, VA 22180
TCA Tile Council of America, Inc.

Box 326
Princeton, NJ 08540
UL Underwriters' Laboratories Inc.
333 Pfingston Road
Northbrook, IL 60062
WIC Woodwork Institute of California
1331 T Street
Sacramento, CA 95807
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WCLIB West Coast Lumber Inspection Bureau
6980 S.W. Varns Road
Box 23145
Portland, OR 97223
WWPA Western Wood Products Association
1500 Yeon Building
Portland, OR 97204

1.05 SCHEDULE OF GOVERNING CODES
A. See Drawings for a list of applicable codes and regulations which shall govern, except where otherwise indicated.

B. Refer to individual Specification Sections for additional codes and regulations which shall apply to the individual Work of said Sections.

PART 2 - PRODUCTS
Not Used.

PART 3 - EXECUTION
A. All work shall be done in accordance with governing codes. A copy of each shall be kept at the jobsite at all times.

END OF SECTION
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........................................................................................................................................................................

SECTION 01200

PROJECT MEETINGS
........................................................................................................................................................................

1.01 GENERAL
A. Meetings:

1. Project Manager will schedule regular project meetings as required. Contractor shall attend with appropriate staff, subcontractors, and suppliers.

2. Meetings shall include, but not be limited to:
a. Pre-construction conference
b. Work progress.
c. Schedule and coordination.
d. Payment review.
e. Changes in the work.
f. Pre-installation.

B. Administration: Project Manager will prepare agenda, conduct meetings, and distribute recorded proceedings and decisions to meeting participants and affected persons.

C. Project Manager and ENGINEER/ENGINEER/ARCHITECT: Will attend each meeting.

D. Space and Facilities: By Contractor at job site except Pre-construction Conference by Project Manager.

1.02 PRE-CONSTRUCTION CONFERENCE
A. With Contractor and subcontractors, within 10 days after Notice to Proceed. Time as determined by Project Manager.

1.03 PROGRESS MEETING
A. General: Not less than once a month on a regular, scheduled basis.

B. Attendance: Project Manager, Owner, ENGINEER/ENGINEER/ARCHITECT, Contractor, and subcontractors, sub- subcontractors, suppliers and others as required by the Project Manager.

1.04 GUARANTEE, BONDS, SERVICE AND MAINTENANCE CONTRACTS MEETING A. General: Eleven months following date of final acceptance, meet to review guarantees, bonds, and service and maintenance contracts for materials and equipment.

B. Action: Repair or replace defective work. Extend service and maintenance contracts as desired.

C. Attendance: Project Manager, ENGINEER/ENGINEER/ARCHITECT, Contractor, subcontractors, suppliers and others as appropriate to the agenda.

1.05 SPECIAL
A. Called by Project Manager as warranted by developed conditions.

END OF SECTION
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........................................................................................................................................................................

SECTION 01300

SUBMITTALS
........................................................................................................................................................................

1.01 SECTION INCLUDES
A. Submittal procedures.

B. Construction progress schedules.

C. Schedule of Values.

D. Submittals and Shop Drawings.

E. Product Data.

F. Samples.

G. Mock-Ups.

H. Manufacturers' instructions.

I. Manufacturers' certificates.

1.02 RELATED SECTIONS
A. Section 1039 - Coordination and Meetings
B. Section 01310 - Construction Schedule
C. Section 01400 - Quality Control: Manufacturers' field services and reports.

D. Section 01600 - Material and Equipment / Substitutions.

E. Section 01700 - Contract Closeout: Contract warranty and manufacturer's certificates closeout submittals.

1.03 SUBMITTAL PROCEDURES
A. Timing:

1. Make submittals within the times specified herein. Do not submit all at one time.

Submit in accordance with the sequence of procurement, fabrication and construction.

2. Make submittals far enough in advance of scheduled dates of installation to allow the time required for reviews, for securing necessary approvals, for possible revision and resubmittal, and for placing orders and securing delivery.

B. Identification:

1. Identify each submittal and resubmittal with the following information:
a. Project name and address as they appear on the Contract Documents.

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b. Contract name and number.
c. Contractor’s name and address.
d. Date of submission.
e. Numbering System: Submittals shall be identified by specification section (i.e., 02810-001, 07210-001, 11191-001, etc.) Any resubmittals shall be numbered sequentially according to the original submittal section, followed by the subscript “.1, .2, .3, etc. submittal number (i.e., 001.1, 001.2, etc.).

Submittals and resubmittals shall be kept intact with the original number. Do not add new drawing or information outside the scope of the original submittal, unless specifically requested. Do not assign a new number for a resubmittal.
f. Reference: List Specification Section number and product reference as a cross-reference for each submittal.

2. Identify each submittal with the following additional identification:
a. Contractor’s stamp with initials or signature, certifying to review of submittal, compliance with Contract Documents, and coordination with other impacted work, and verification of field measurements. The ENGINEER/ARCHITECT will return any submittal not bearing this stamp without being reviewed. b. Drawing and Specifications SECTION numbers to which the submittal applies.
c. Subcontractor’s or suppliers name and address.
d. Name and telephone number of the individual to contact for additional information regarding the submittal.
e. Whether it is an original or a resubmittal.

C. Coordination of Submittals:

1. General: Prior to submittal for the ENGINEER/ARCHITECT’s or consultant’s review, as applicable, fully coordinate material as follows:
a. Determine and verify field dimensions and conditions, materials, catalog numbers, and similar data.
b. Coordinate shop drawing submittals with previously issued Addenda and Information Bulletins.
c. Coordinate with the various types of Work, and public agencies involved. d. Secure necessary approvals from public agencies and others and signify by stamp, or other means, that approvals have been secured. e. Unless otherwise specifically permitted by the ENGINEER/ARCHITECT, make submittals in groups containing all associated items.

2. Completeness: Submittals shall be complete; partial submittals will be rejected for not complying with the Contract Documents.

D. Coordinate preparation and processing submittals with performance of construction activities.

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1. Make submittals in groups containing associate items to ensure that information is available for checking each item when received.
a. Partial submittals may be rejected as not complying with requirements of Contract documents and Contractor shall be liable for any resulting delays.

2. Requests for deviation from Contract Documents shall be submitted for consideration before submittal of affected items. Only deviations, which have been previously accepted in writing, shall be included in submittals.

E. Place permanent label or title block on each submittal for identification. Indicate name or entity preparing each submittal in label or title block. See Paragraph 1.01.C herein for further information requirements on each submittal label or title block.

1. Provide space on label or beside title block to record Contractor’s and ENGINEER/ARCHITECT’s review and approval markings and action taken.

F. Contractor’s Review:

1. Review submittals for accuracy, completeness, and conformity with Contract Documents.
a. Submittal shall be construed as stipulating Contractor has thoroughly and completely reviewed, and coordinated data.
b. Submittals that indicate less than Contractor’s full compliance will be returned without action.
c. Delays caused by failure to comply will not be acceptable basis for extension of Completion Time.

G. Allow sufficient review time so that installation will not be delayed as a result of the time required to process submittals, including time for resubmittals.

H. Package each submittal appropriately for transmittal and handling.

I. Project ENGINEER/ARCHITECT’s Review:

1. Submittals are reviewed for general conformance with design concept and general compliance with information given in Contract Documents only.

2. Review of separate item shall not indicate acceptance of assembly of which item is part.

J. Review shall not relieve Contractor from responsibility for errors or deviations from requirements of Contract Documents.

K. Submittal Log: Maintain accurate submittal log for duration of Contract. Indicate current status of all submittals at all times. Make submittal log available for the Project Manager’s review upon request.

L. Resubmittals:

1. Subject to same terms and conditions as original submittal.

2. Project ENGINEER/ARCHITECT will accept not more than one resubmittal.

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a. Should additional resubmittals be required, Contractor shall reimburse Owner for Project ENGINEER/ARCHITECT’s account for time spent in processing
General Requirements Page 12 of 42
additional resubmittals at rate of 2.5 times rate of Direct Personnel Expense (DPE). Direct Personnel Expense is defined as direct salaries of Project ENGINEER/ARCHITECT’s personnel engaged on Project and portion of costs of mandatory, and customary contributions and benefits related thereto, including employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions, and similar contributions and benefits.

3. Claims will not be considered for Contractor’s additional time or expense associated with resubmittals.

M. Revisions:

1. Make only those revisions required or accepted by Project ENGINEER/ARCHITECT.

2. Identify all changes made since previous submittal.

N. Distribute copies of reviewed submittals to concerned parties. Instruct parties to promptly report any inability to comply with provisions.

O. Review or approval of any of the Contractor's submittals shall not relieve the Contractor of any of his/her responsibilities under the Contract for the successful completion of the Work in conformity with the requirements of the Drawings and Specifications. Any such review or approval shall not serve to waive any of the requirements of the Drawings or Specifications, nor to relieve the Contractor of any obligation thereunder. Defective, sub-standard, or noncomplying work, materials, or equipment may be rejected, notwithstanding their previous review and/or approval.

P. Special Submittals: In addition to submittals required by the Contract Documents, Contractor shall submit the following:

1. Submittals required by governmental authorities and agencies of jurisdiction, as applicable.

Q. Substitutions: Refer to Section 01600.

1.04 CONSTRUCTION PROGRESS SCHEDULES
A. Refer to Section 01310.

1.05 SCHEDULE OF VALUES
A. Submit a typed schedule on AIA Form G703 or other approved 8-1/2" x 11" format; Contractor's standard media-driven printout will be considered on request.

B. Format: Table of Contents of Volume 2 Specifications, with modifications as may be directed by Owner; identify each line item with number and title of major Specification sections.

C. Include in each line item a directly proportional amount of contractor general conditions, overhead, and profit.

D. Revise schedule to list change orders for each Application for Payment.

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1.06 SHOP DRAWINGS, PRODUCT DATA, SAMPLES, AND OTHER SUBMITTALS A. General:

1. Submit only as required by the various Specification SECTIONS. Do not submit shop drawings, product data, samples or other submittals, unless specifically required.

2. Submit in accordance with the accepted submittal schedule. Send copies of transmittals to the Owner.

3. Submit in the manner and quantities specified hereinafter.

4. Allow a minimum of 15 working days for processing by the ENGINEER/ARCHITECT and his consultants, as applicable. Some submittals may require more processing time based upon consultant's input and the complexity of the submittal. If certain submittals are critical, they should be so identified at time of submission. If a specific submittal cannot be reviewed and returned within 15 working days, the ENGINEER/ARCHITECT will develop with the Contractor a timely "turn-around" that will not impact the construction schedule.

B. Shop Drawings:

1. Submit in the quantity required to be returned, together with 2 additional copies of black-line or blue-line prints.

2. The ENGINEER/ARCHITECT or his consultants, as applicable, will review the Shop Drawings; mark the drawings with required revisions; stamp the drawings and indicate "No Exceptions Noted," "Furnish as Corrected," "Revise and Resubmit," or "Rejected," and return the drawings. "Revise and Resubmit" or "Rejected" stamps shall not be construed by the Contractor as a valid reason for an extension of time.

3. Review the returned drawings and take appropriate action as indicated. a. If drawings are marked "Revise and Resubmit," make revisions and indicate them with a "cloud," stamp and date, and resubmit in the same manner and number as for the original submittal.
b. If drawings are marked "Rejected," make a new submittal and submit in the same manner and number as for the original submittal.
c. If drawings are marked "No Exceptions Noted" or "Furnish as Corrected", print and distribute copies for Owner and Inspector, as well as those required for Contractor and Subcontractors.

4. The ENGINEER/ARCHITECT or his consultants, as applicable, may review at their discretion up to one resubmittal and take action, as appropriate, in the same manner as for the original submittal. If more than one resubmittal is required, any associated costs as a result of additional reviews shall be an extra service of the ENGINEER/ARCHITECT or his consultants, as applicable, and will be processed as a deductive Change Order in accordance with the GENERAL CONDITIONS and SUPPLEMENTARY CONDITIONS.

5. As with the original submittal, review the returned drawings and take appropriate action as indicated. As specified hereinabove, resubmit and revise until final action by the ENGINEER/ARCHITECT or his consultants, as applicable. Final action is signified by the markings "No Exceptions Noted," or "Furnish as Corrected," on the returned drawings.

General Requirements Page 14 of 42

6. Following final action by the ENGINEER/ARCHITECT or his consultants, as applicable, the Contractor shall make copies and distribute as required for accomplishment and inspection of the indicated Work.

7. Only those Shop Drawings which bear stamps showing final review of the Contractor, ENGINEER/ARCHITECT, or the ENGINEER/ARCHITECT's consultants, as applicable, shall be used.

8. Reproduction and Mailing Costs: The Contractor shall pay the reproduction and mailing costs of reproducibles and all prints.

9. Coordination drawings are a special type of Shop Drawing that show the relationship and integration of different construction elements that require careful coordination during fabrication or installation to fit in the space provided or function as intended. a. Preparation of coordination Drawings is specified in Section 01040 “Project Coordination” and may include components previously shown in detail on Shop Drawings or Product Data.
b. Submit coordination Drawings for integration of different construction elements. Show sequences and relationships of separate components to avoid conflicts in use of space.

C. Product Data:

1. Submit in the quantity required to be returned, together with two additional copies each of brochures, catalog cuts, and similar material.

2. Collect Product Data into a single submittal for each element of construction or system. Product Data includes printed information such as manufacturer’s installation instructions, catalog cuts, standard color charts, rough-in diagrams and templates, wiring diagrams and performance curves. Where Product Data must be specially prepared because standard printed data is not suitable for use, submit as “Shop Drawings.”
a. Submit number of copies which Contractor requires, plus four copies which will be retained.
b. Mark each copy to show applicable choices and options. Where printed Product Data includes information on several products, some of which are not required, mark copies to indicate the applicable information. Include the following information:

1. Manufacturer’s printed recommendations

2. Compliance with recognized trade association standards

3. Compliance with recognized testing agency standards

4. Application of testing agency labels and seals

5. Notation of dimensions verified by field measurement

6. Notation of coordination requirements
c. Do not submit Product Data until compliance with requirements of the Contract Documents has been confirmed.

3. Review and processing of Product Data shall be the same as that for Shop Drawings.

General Requirements Page 15 of 42
D. Samples:

1. Submit in the size specified in the individual Specification SECTIONS, and in the quantity required to be returned to the Contractor, together with two additional Samples, which will be retained by the ENGINEER/ARCHITECT or his consultants, as applicable.

2. Ship samples to the ENGINEER/ARCHITECT’s office, carriage prepaid.

3. Submit samples to illustrate functional and aesthetic characteristics of Product, with integral parts and attachment devices. Coordinate sample submittals for interfacing work.

4. Preliminary Submittals:
a. Unless precise color, pattern, and texture or similar characteristics are specifically described, submit full set of choices for material or product. b. Preliminary submittals will be reviewed and returned with Project ENGINEER/ARCHITECT’s mark indicating selection and other action. c. ENGINEER/ARCHITECT reserves right not to make individual determination or selections until all samples of all materials are submitted. d. Submit samples of all selected colors, patterns, textures or other similar characteristics as selected by Project ENGINEER/ARCHITECT.

5. Submit number of samples required by Contractor plus three that will be retained. a. Where variation in color, pattern, texture or other characteristics are inherent in material or product, submit multiple units (not less than 3), that show approximate limits of variations.
b. Accepted samples will form standard of comparison for finished Work. c. Defects, and deviations in excess of those in accepted samples, are unacceptable and are subject to rejection of completed Work.

6. Include identification on each sample, with full Project information, including:
a. Project name and location
b. Manufacturer and supplier
c. Name, finish, and composition of material
d. Location where material is to be used
e. Specification Section number.

7. Reviewed samples which may be used in the Work are indicated in individual specification sections.

8. Field Samples: Provide field samples as required by individual sections. Install samples in locations as directed, completed and finished.

E. Other Submittals: Submit as specified in the individual Specification Sections.

1. Distribute after review.

General Requirements Page 16 of 42

2. Unless specifically authorized in advance by the Owner, no fabrication or installation of any Product, material, component, or system of the Project shall begin until the specific submittals and shop drawings therefore (and/or other required submittal items, as may be applicable) have been reviewed by the ENGINEER/ARCHITECT, and returned to the Contractor with indication that no exception is taken, or that the subject Work may be furnished as corrected on the shop drawings.

3. The Contractor shall inform each of his/her subcontractors and suppliers of the various requirements found throughout the Specifications concerning the submission of shop drawings and related submittals for review by the ENGINEER/ARCHITECT.

4. Submittals and shop drawings prepared by the Contractor or his/her subcontractors or suppliers for submission to the ENGINEER/ARCHITECT shall be checked by the Contractor before submission. In particular, the Contractor shall ascertain that the submittals and shop drawings meet all requirements of the Contract Documents and conform to the actual dimensions and conditions at the job site. Contractor shall be fully responsible for observing the need for and making any changes required by the equipment Contractor proposes to supply. If the submittals and shop drawings show variations from Contract Drawings or Specifications, whether because of standard practice or other reasons, the Contractor shall make special mention thereof in his/her letter of transmittal; if no specific mention of such variation is made the Contractor will not be relieved of the responsibility for completing the work in full accordance with the Contract Documents, even though such shop drawings are noted "REVIEWED", "NO EXCEPTIONS TAKEN", or similar notation by the ENGINEER/ARCHITECT.

5. Submittals and shop drawings shall be drawn to scale, shall show all necessary working and final dimensions and such details, sections, plans, and elevations (all properly cross-referenced to the Contract Drawings) as are necessary to clearly delineate arrangements, construction, and connection with other Work; and shall illustrate all Work contiguous with and having a bearing on Work indicated.

Submittals and shop drawings shall indicate the Project name, the names of the Contractor and the subcontractor, the name or description of the equipment or articles shown, the manufacturers' names, and the kinds, types, grades, thickness, and finishes of materials or equipment to be installed in the work. Marked up copies of standard or “generic” product data, catalog cuts, manufacturer’s drawings, etc., showing non-Project-specific conditions will not be acceptable, unless their specific application to the Project is clearly indicated.

6. Manufacturers' brochures shall be acceptable for submittals, provided that they comply with the requirements listed above and with applicable Sections of the Specifications. If manufacturers' brochures are used, they shall clearly and explicitly delineate what is being submitted.

7. Timeliness: Submittals and shop drawings shall be submitted in such time as to cause no delay in the orderly progress of Work, layout, or fabrication under the Contract. Proper allowances shall be made for checking by the ENGINEER/ARCHITECT and such correcting, resubmission and re-checking as may be necessary.

8. The review of submittals and shop drawings by the ENGINEER/ARCHITECT will be general, and shall not relieve the Contractor from his/her sole responsibility for errors or omissions of any sort; nor for proper fitting and construction of the Work; nor for the furnishing of materials or Work required by the Contract Documents but not shown; nor for required quantity of material; nor for correctness of dimensions. Any request by the ENGINEER/ARCHITECT for change and corrections on shop drawings shall not be construed as an order of extra work under the Contract.

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1.07 MOCK-UPS
A. Provide as required by individual Sections of the Specifications.

B. Refer also to Section 01400, Quality Control.

1.08 MANUFACTURER'S INSTRUCTIONS
A. When specified in individual Specification Sections, submit manufacturers' printed instructions for delivery, storage, assembly, installation, start-up, adjusting, an finish, in quantities specified for Product Data.

B. Identify conflicts between manufacturers' instructions and Contract Documents.

1.09 MANUFACTURER'S CERTIFICATES
A. When specified in individual Specification Sections, submit manufacturers' certificate to the Owner for review, in quantities specified for Product Data.

B. Indicate that material(s) or Product(s) conform to or exceed specified requirements. Submit supporting reference data, affidavits, and certifications, as appropriate.

C. Certificates may be recent or previous test results on material or Product, but must be acceptable to Owner.

END OF SECTION
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........................................................................................................................................................................

SECTION 01310

CONSTRUCTION SCHEDULE
........................................................................................................................................................................

1.01 SCOPE
A. The work under this section consists of the planning, scheduling and reporting procedures required in conjunction with the progress of the work. It is the intent that the Contractor shall develop a schedule-demonstrating fulfillment of all contract requirements. The levels of detail and submittal procedures are described hereinafter.

B. The schedule shall be updated a minimum of once a month at a joint meeting with the Project Manager, General Contractor and required subcontractors.

C. Development and maintenance of the construction schedule and supplementary information as detailed hereinafter is the responsibility of the Contractor.

D. The Contractor shall use the accepted schedule at all times in planning, coordinating and performing the work under this contract including all activities of the subcontractors, vendors and suppliers.

1.02 THE COMPLETE PROJECT SCHEDULE
A. Within 10 working days after receipt of Notice to Proceed, the Contractor shall submit the schedule in accordance with all requirements of this section. The schedule shall reflect the Contractor's approach to scheduling the COMPLETE project, including all submittals; procurement and all required testing and operational requirements called for elsewhere in the documents.

B. Within 5 working days after receipt of the schedule, the Project Manager will meet with the Contractor for joint review, correction or adjustment of the proposed schedule. Within five (5) working days after the joint review, the Contractor shall if necessary revise and shall resubmit the COMPLETE Schedule to the Project Manager. The resubmission will be reviewed by the Project Manager, and, if found to be as previously agreed upon, will be accepted.

C. The accepted schedule shall constitute the project work schedule until subsequently revised in accordance with requirements of this section.

1.04 SCHEDULE REQUIREMENTS
A. The schedule shall show the sequence and interdependence of activities required for complete performance of all items of work under the contract or portion thereof B. The Contractor shall submit the following supporting data with the submittal of his original CPM construction schedule:

1. The proposed number of working days per week.

2. The holidays to be observed during the duration of the contract (by day, month and year).

3. The planned number of shifts per day.

4. The number of hours per shift.

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5. The planned usage of major construction equipment on the site, on a monthly basis.

6. The average weekly manpower usage for each trade to be employed on the project.

Any changes to the above information shall be submitted with successive updates and revisions.

C. To the extent that the schedule or any revised schedule shows anything not jointly agreed upon, it shall be deemed to have not been accepted by the Project Manager. Failure to include any element of work required for the performance of this contract shall not excuse the Contractor from completing all work required within any applicable completion date of each phase notwithstanding the Project Manager's acceptance of the schedule.

1.05 ACTIVITY COST DATA
A. The contractor shall furnish the Project Manager with a cost allocation (schedule of values) totaling to the contract amount, for all items detailed in the schedule. The Project Manager will prepare a Payment Request form this allocation. Once accepted by the Project Manager, the Payment Request form will become the basis for determining the progress payments for the balance of the project and the Contractor must submit his monthly Payment Request based upon progress reported on this form. No payment will be made unless supported by this Payment Request form completed to show monthly progress.

B. The cost distribution may include cost for delivered equipment and material and the Project Manager will pay for only such items as identified elsewhere in these Contract Documents. All costs represented will include a pro rata distribution for overhead and profit: No separate item shall be shown for overhead and profit.

C. Where the work of several trades is combined into one activity, the Contractor shall furnish for each such combined activity the cost breakdown of each trade on sheets separate from the network diagram. The sum of the costs for each trade shall equal the total dollar value of each such combined activity.

D. Revisions to the schedule may require reallocation of costs. Revised activity cost data shall be submitted with revised Schedules as necessary, and a revised Payment Request form will be provided after approval of revised cost allocations.

1.06 PROGRESS REPORTING, UPDATING, AND REVISIONS
A. On a date mutually agreed upon by the Project Manager and the Contractor, a job site progress meeting will be held each month at which time the schedule will be reviewed and updated. Attendees of this meeting shall include the Project Manager, the General Contractor and subcontractors if requested by the Project Manager. The Contractor shall have his copy of the Payment Request form and all other data required by the Contract Documents accurately filled in and completed prior to this meeting. Job progress and the Schedule will be reviewed to verify:

1. Payment due to the Contractor based on percentage complete of items in the submitted Payment Request form.

2. Logic, time and cost data for change order work that is to be incorporated into the schedule or Payment Request form.

3. Status of as-built record drawings and as-built record specifications.

B. The Contractor shall submit a narrative report as a part of his monthly progress review and update in a form agreed upon by the Contractor and the Project Manager.

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The narrative report shall include:

1. Actual start and finish dates of activities completed during update period since the last accepted revision.

2. Explanation of all changes in logic or in the scheduled work sequence, in durations, manpower and equipment.

3. A description of the critical path for the remainder of the project.

4. An explanation of corrective action taken or proposed.

C. After each monthly update or revision, the Contractor shall submit to the Project Manager one complete schedule showing all revisions and changes in accordance with the monthly review meeting.

D. Within five (5) working days after receipt of notice from the Project Manager, the Contractor shall submit a revised Schedule for any of the following reasons:

1. When delay in completion of any activity or group of activities indicates an overrun of the contract time or milestone requirement, by 20 working days or ten percent (10%) of the remaining duration, whichever is less.

2. Delays in submittals or deliveries or work stoppage are encountered which make replanning or rescheduling of the work necessary.

3. The schedule does not represent the actual prosecution and progress of the project as being performed in the field.

E. Acceptance of any revised Schedule and all supporting data is contingent upon compliance with all other paragraphs of this section and any other previous agreements or requirements with or by the Project Manager.

F. The cost of revisions to the Schedule resulting from contract changes shall be included in the cost for the change in work, and shall be based on the complexity of the revisions or contract change, man-hours expended in analyzing the change, and the total cost of the change.

1.07 RESPONSIBILITY FOR COMPLETION
A. The Contractor agrees that whenever it becomes apparent from the monthly progress review meeting or the schedule that contract completion dates will not be met, he shall take some or all of the following action at no additional cost to the Owner:

1. Increase construction manpower in such quantities and crafts as will bring the progress of the work into conformance with all other requirements of this section.

2. Increase the number of working hours per shift, shifts per working day, workdays per week, the amount of construction equipment or any combination of the foregoing, to bring the scheduling and progress of the work into conformance with all requirements of the Contract Documents.

3. Reschedule the work under this contract in conformance with all other contract requirements to demonstrate completion of the contract work within the contract time.

General Requirements Page 21 of 42

1.08 ADJUSTMENT OF THE CONTRACT TIME
A. The contract time will be adjusted only for causes specified in the Contract Documents. In the event the Contractor requests an adjustment of the contract time, he shall furnish such justification, schedule data and supporting evidence as the Project Manager may deem necessary for a determination as to whether or not the Contractor is entitled to an adjustment of time under the provisions of the contract. Submissions of proof based on revised activity logic, durations and costs is obligatory with any request.

B. The Contractor shall submit each request for an adjustment in the contract time to the Project Manager in accordance with all other requirements of the Contract Documents. The Contractor shall include, as part of each request:

1. Justification for the delay in narrative form.

2. A subnetwork showing all CPM logic revisions, duration changes, and cost changes, for the work in question and its relationship to other activities on the Schedule.

C. The schedule must clearly display that the Contractor has used, in full, all the float time available for the work involved in this request. Actual delays in activities, which according to the schedule, do not affect the critical path work in the Schedule, will not be the basis for an adjustment to the contract time.

D. The Project Manager's determination as to the adjustment of the contract time shall be based upon the latest schedule that has been accepted at the time of the alleged delay and all other relevant information. The Contractor shall submit with every request, an updated Schedule whenever the actual field progress of the work does not conform to the accepted schedule in force at the time of the alleged delay. The data if approved by the Project Manager shall be included in the next monthly updating of the schedule.

E. The Project Manager shall, within a reasonable time after receipt of a request for extension of the contract time and supporting evidence, review the facts and shall advise the Contractor, in writing of his decision.

F. When the Project Manager has not yet made a final determination as to the adjustment of the contract time, and the parties are unable to agree as to the amount of the adjustment to be reflected in the Schedule, the Contractor shall reflect that amount of time adjustment in the Schedule as the Project Manager may determine to be appropriate for interim purposes. It is understood and agreed that any such interim determination by the Project Manager shall not be binding and shall be made only for the purpose of continuing to schedule the work until such time as the Project Manager has made a final determination as to any adjustment of the contract time. The Contractor shall revise the Schedule prepared thereafter in accordance with the final decision.

END OF SECTION
General Requirements Page 22 of 42
........................................................................................................................................................................

SECTION 01400

QUALITY CONTROL
........................................................................................................................................................................

PART 1 – GENERAL

1.01 SECTION INCLUDES
A. Quality assurance and control of installation.

B. References.

C. Field samples.

D. Mock-ups.

E. Inspection Services.

F. Manufacturer’s field services and reports.

1.02 RELATED SECTIONS
A. Section 01090 – Reference Standards.

B. Section 01300 – Submittals.

C. Section 01410 – Testing Laboratory Services.

D. Section 01600 – Material and Equipment / Substitutions: Requirements for material and product quality.

1.03 QUALITY ASSURANCE/CONTROL OF INSTALLATION
Contractor shall:

A. Monitor quality control over sub-contractors, suppliers, manufacturers, Products, services, site conditions, and workmanship, to produce Work of highest quality.

B. Comply fully with manufacturer’s instructions, including each step in sequence.

C. Should manufacturers instructions conflict with Contract Documents, request clarification from the ENGINEER/ARCHITECT before proceeding.

D. Comply with specified standards as a minimum quality for the Work except when more stringent tolerances, codes, or specified requirements indicate higher standards or more precise workmanship.

E. Perform work by persons qualified to produce workmanship of specified quality.

F. Secure Products in place with positive anchorage devices designed and sized to withstand stresses, vibration, physical distortion or disfigurement.

1.04 REFERENCES
A. Conform to reference standard by date of issue current on date of Contract Documents.

General Requirements Page 23 of 42
B. Contractor shall obtain copies of standards when required by Contract Documents.

C. Should specified reference standards conflict with Contract Documents, Contractor shall request clarification from ENGINEER/ARCHITECT before proceeding.

D. The contractual relationship of the parties to the Contract shall not be altered from the Contract Documents by mention or inference otherwise in any reference document.

1.05 FIELD SAMPLES
A. Contractor shall install field samples at the site as required by individual specification Section for review.

B. Acceptable samples represent the minimum required quality level for the Work.

C. Where field sample is specified in individual Sections to be removed, clear area after field sample has been accepted by ENGINEER/ARCHITECT.

1.06 MOCK-UPS
A. Contractor shall assemble specified items, complete, with specified attachment and anchorage devices, seals, and finishes, as applicable.

B. Where mock-up is specified in individual Sections to be removed, Contractor shall clear the area after the mock-up has been accepted by ENGINEER/ARCHITECT.

1.07 INSPECTION SERVICES
A. The City will provide services of a person or persons to perform inspection of the Project.

Contractor shall:

1. Notify City at least 48 hours prior to expected time for operations requiring specific inspection.

2. Make arrangements with City’s inspector(s) and pay for additional samples and tests required for Contractor’s use.

1.08 MANUFACTURERS’ FIELD SERVICES AND REPORTS
Contractor shall:

A. When specified in individual Specification Sections, require material or Product suppliers or manufacturers to provide qualified staff personnel to observe site conditions, conditions of surfaces and installation, quality of workmanship, start-up of equipment, test, adjust, and balance of equipment and as applicable, and to initiate instructions when necessary.

B. Submit qualifications of observer to Project Manager 30 days in advance of required observations. The observer is subject to approval of City.

C. Report observations and site decisions or instructions given to applicators or installers that are supplemental or contrary to manufacturers’ written instructions.

D Submit report in duplicate within 30 days of observation to Project Manager for review.

END OF SECTION
General Requirements Page 24 of 42
........................................................................................................................................................................

SECTION 01410 TESTING LABORATORY SERVICE
........................................................................................................................................................................

PART 1 - GENERAL

1.01 SECTION INCLUDES
A. Selection and payment.

B. Contractor submittals.

C. Laboratory responsibilities.

D. Laboratory reports.

E. Limits on testing laboratory authority.

F. Contractor responsibilities.

G. Schedule of inspections and tests.

1.02 RELATED SECTIONS
A. Division 00 - Contract Conditions (General Provisions Paragraph 4-07).

B. Section 01090 - Reference Standards.

C. Section 01300 - Submittals: Manufacturer's certificates.

D. Section 01700 - Contract Closeout: Project Record Documents.

E. Drawings and individual Specification Sections: Inspections and tests required, and standards for testing.

1.03 REFERENCES
A. ANSI/ASTM D3740 - Practice for Evaluation of Agencies Engaged in Testing and/or Inspection of Soil and Rock as Used in Engineering Design and Construction.

B. ANSI/ASTM E329 - Recommended Practice for Inspection and Testing Agencies for Concrete, Steel, and Bituminous Materials as Used in Construction.

C. The Geotechnical Investigation included as Appendix Item #1 of this Project Manual. (This report is provided for general information only, and neither the City nor the ENGINEER/ARCHITECT warrants its accuracy or completeness.) General Requirements Page 25 of 42

1.04 LABORATORY RESPONSIBILITIES
A. All concrete mixes are to be submitted for approval and the maximum slump shall be 4 inches unless otherwise approved. Concrete cylinders (3) will be taken for each type of pour. The contractor has to hire a firm to test the cylinders at 7, 14, and 28 days. The contractor is to submit mix designs for approval.

1.05 CONTRACTOR RESPONSIBILITIES
Contractor shall:

A. Deliver to laboratory at designated location, adequate samples of materials proposed to be used which require testing, along with proposed mix designs.

B. Cooperate with laboratory personnel and provide access to the Work and to manufacturer's facilities.

C. Provide incidental labor and facilities to provide access to Work to be tested, to obtain and handle samples at the site or at source of products to be tested, to facilitate tests and inspections, storage and curing of test samples.

D. Notify Inspector and laboratory 24 hours prior to expected time for operations requiring inspection and testing services.

PART 2 - PRODUCTS
Not Used
PART 3 - EXECUTION

3.01 SCHEDULES OF INSPECTIONS AND TESTS
A. As required by individual Specification Sections.

B. As required by Drawings.

END OF SECTION
General Requirements Page 26 of 42
........................................................................................................................................................................

SECTION 01500

TEMPORARY FACILITIES
........................................................................................................................................................................

1.01 GENERAL
A. Provide temporary facilities as shown or specified and as required to complete the work per Contract Documents.

B. Providing temporary facilities is the Contractor's sole responsibility, and is not limited to the minimums established by the requirements hereof. Except as otherwise indicated, the use of alternative temporary facilities equivalent to those specified is the Contractor's option, subject to the Project Manager's or the ENGINEER/ARCHITECT's acceptance. Temporary construction facilities are defined to exclude tools and self-contained construction machines and equipment.

C. The types of temporary construction facilities as may be required for the project include:

1. Construction water distribution.

2. Dewatering facilities and drains.

3. Temporary enclosure.

4. Temporary heat

5. Ventilation and humidity control

6. Construction aids and miscellaneous facilities.

7. Temporary power distribution.

8. Temporary lighting.

1.02 QUALITY ASSURANCE
A. Regulations: Comply with governing regulations for the installation and use of temporary construction facilities, including health and safety regulations.

B. Standards: Comply with the "Manual of Accident Prevention in Construction" by AGC (AGC Safety Manual) and with NFPA Code 241 "Building Construction and Demolition Operations," and with ANSI AIO-Series standards "Safety Requirements for Construction and Demolition" and State of California Department of Indus-trial Relations, Division - Occupational Safety and Health CAC Title 8.

1.03 SUBMITTALS
A. General: Submit copies of whatever reports of inspections, tests, gauge readings and similar data and copies of permits and certificates have been secured for the operation of temporary construction facilities, including those used for dewatering, distributing power, lighting and similar operations.

General Requirements Page 27 of 42

1.04 JOB CONDITIONS
A. Schedule uses: Provide the temporary construction facilities ready for use at each location, at the time first needed to avoid delays in the performance of the work. Maintain, expand and modify as needed through the progress of work, and do not remove until no longer needed or replaced by authorized use of completed permanent facilities of the project.

B. Temporary use of permanent facilities: Regardless of previously assigned responsibilities for temporary facilities, the Installer of each permanent facility shall assume responsibility for its operation, maintenance and protection during use as a construction facility prior to the Project Manager's acceptance and assumed operation of the facility.

C. Conditions of use: Operate, maintain, control and protect temporary construction facilities in a manner which will prevent overloading, hazardous exposures, fire, disease, damage or deterioration of completed work, public nuisances, and similar deleterious effects.

END OF SECTION
General Requirements Page 28 of 42
........................................................................................................................................................................

SECTION 01540

SECURITY AND PROTECTION
........................................................................................................................................................................

1.01 DESCRIPTION OF REQUIREMENTS
A. This section of General Requirements specifies minimum requirements of temporary provisions for security and protection not specified elsewhere. The providing of adequate security and protection is Contractor’s sole responsibility, and is not limited to minimums established by requirements hereof. Except as otherwise indicated, use of alternative security and protection methods of facilities equivalent to those specified, is Contractor’s option. The work of this section is not intended to include required insurance coverage, performance/payment bonds, individual provisions for safe performance of specific work, first aid requirements, general supervision, quality control, damage surveys, prequalification of construction personnel, temporary enclosure of completed work and stored materials, inspection and tests of the work, instructions to Owner’s personnel and similar recognized protection/security provisions, which are, nevertheless, specified elsewhere in the Contract Documents, if required.

B. The types of security and protection facilities and services required for project (entire project not just work of contract) may include but are not necessarily limited to the following:

1. Temporary fire protection.

2. Barricades, warning signs, lights.

3. Barrier fence enclosure.

4. Security enclosure and lockup of work.

5. Environmental protection. Coordinate permits with California Department of Fish and Game prior to commencing with the work when applicable.

C. Coordinate with Owner to minimize conflict, and to facilitate Owner’s operations. Coordinate with owner for a security plan, which will include ingress and egress, identification, protection of staff, materials and tools.

1.02 QUALITY ASSURANCE
A. Regulations: Comply with governing regulations for installation and operation of security and protection facilities, including rules and recommendations of fire departments, police rescue squads, watchman services and similar local organizations and companies.

B. Standards: Comply with NFPA Code 241 “Building Construction and Demolition Operations.” C. Responsibilities: The assignment of responsibilities for security and protection such as installation, maintenance and operation, is Contractor’s obligation; refer to “Guidelines on Bid Conditions for Temporary Job Utilities and Services,” by AGC and the Association of Specialty Contractors for industry recommendations.

1.03 JOB CONDITIONS:

A. Scheduled uses: Provide security and protection at times first needed at site; and maintain, expand and modify facilities as needed throughout construction period.

General Requirements Page 29 of 42
B. Temporary use of permanent facilities: The Installer of each permanent facility shall be required to assume responsibility for its operation, maintenance and protection during use (if any) as a temporary security or protection facility, prior to Owner’s acceptance and assumed operation of facility.

C. Conditions of use: Use security and protection facilities and services in a safe, sanitary, lawful, and publicly acceptable manner, which will not interfere unduly with performance of the work nor result in other deleterious effect.

1.04 MATERIALS OF SECURITY AND PROTECTION FACILITIES
A. General: Provide either new or used materials and equipment, which are in substantially undamaged and serviceable condition.

B. Fire extinguishers: Provide type A fire extinguishers for temporary offices and similar spaces where there is minimal danger of electrical fires or grease-oil-flammable liquid fires. Otherwise, provide either type ABC dry chemical extinguishers or a combination of several extinguishers of NFPA-recommended types for exposure in each case.

C. Plywood: Provide exterior type, prime painted and finish painted. For fences and vision barriers provide minimum 5/8” thick plywood. For safety barriers and similar direct-contact uses, provide minimum 5/8” thick plywood.

1.05 INSTALLATION OF SECURITY/PROTECTION FACILITIES
A. General:

1. Use qualified tradesmen for installation of security and protection facilities. Locate facilities to serve total project construction work adequately, and to result in minimum interference with performance of the work. Relocate, modify and extend facilities as required during course of the work, to properly accommodate entire work of the project. Provide and maintain a reasonably neat and uniform appearance in security and protection facilities, acceptable to Project Manager.

2. Provide temporary security and protection facilities until time of substantial completion, or for longer periods of time as requested by Project Manager.

B. Temporary fire protection:

1. General:
a. During construction period and until time certain protection needs may be fulfilled by permanent facilities, install and maintain whatever types and forms of fire protection temporary facilities may be needed to adequately protect against fire losses which are reasonably predictable and controllable. Except as otherwise indicated or required, comply with the applicable recommendations of NFPA No. 10 “Portable Fire Extinguishers” for each area of each construction activity when combustible materials, flammable liquids and similar exposures to possible fires are present.

Locate extinguishers where most convenient and effective for intended purposes. Store combustible materials in recognized fire-safe locations and containers.
b. The local fire authority shall be consulted regarding temporary fire protection.

General Requirements Page 30 of 42

2. Program: Develop and supervise an overall fire prevention and first-aid fire protection program for personnel at project site. Instruct personnel in methods and procedures of program; post warnings and information, and enforce strict discipline. Review needs with local fire department officials and establish procedures to be followed.

Maintain unobstructed access to extinguishers, fire hydrants, temporary fire protection facilities, stairways, and other access routes for fighting fires.

3. Temporary water: Where temporary water outlets are available, provide hoses of adequate length to reach construction areas associated therewith. Hang hoses with warning sign, to effect that it is for fire protection and is not to be removed. Match hose sizes with outlet sizes, and equip with suitable nozzles.

C. Permanent fire protection: not applicable
D. Barricades, warning signs and lights: Comply with recognized standards and code requirements for erection of substantial and structurally adequate barricades where needed to prevent accidents and losses. Provide lighting where appropriate and needed for recognition of facility, including flashing red lights where appropriate.

E. Enclosure fence: Installed by others. (Contractor will be responsible for any damage to and replacement of temporary fencing.)
F. Security enclosure and lockup:

1. General: Install substantial and durable temporary enclosure of partially completed areas of construction, with locking entrances, adequate to prevent unauthorized entrance, vandalism, theft, and similar deleterious effects and violations of project security. It is recognized that enclosure fence around construction site does not provide adequate security against certain exposure to loss by theft and vandalism.

2. Storage: Where materials and equipment must be temporarily stored, prior to and during construction, and are of substantial value or attractive for possible theft, provide secure lockup and enforce strict discipline in connection with timing of installation and release of materials, so that opportunity for theft and vandalism is minimized.

G. Environmental protection: Provide protection facilities, operate temporary facilities, conduct construction activities, and enforce strict discipline for personnel at project site in ways and by methods which comply with environmental protection regulations, and which minimize the possibility that air, waterways and subsoil might be contaminated or polluted, or that other undesirable and deleterious effects might result from performance of the work at project site.

Avoid use of tools and equipment, which produce harmful noise; and restrict use of noisemaking tools and equipment to hours or use which will minimize noise near project site.

1.06 TERMINATION AND REMOVAL
Maintain protection and security facilities and services in good operating condition through time of use and until completion and use of permanent work makes each temporary service unnecessary, or until Owner's occupancy has replaced the need for service or until its discontinuation has been otherwise authorized.

Remove each facility promptly after its use has been terminated. Complete or restore permanent work that may have been delayed or otherwise affected by temporary facility. Replace work, which cannot be satisfactorily restored. Except as otherwise indicated materials and equipment of temporary security and protection facilities remain property of contractors.

END OF SECTION
General Requirements Page 31 of 42
........................................................................................................................................................................

SECTION 01590

TEMPORARY GENERAL SERVICES
........................................................................................................................................................................

1.01 DESCRIPTION OF REQUIREMENTS
A. Provide temporary services and facilities which will enable construction processes, and will accommodate other necessary activities at the project site. Providing adequate general services is the Contractor's sole responsibility, and is not limited to the minimums established by the requirements hereof. Except as otherwise indicated, the use of alternative general services equivalent to those specified is the Contractor's option, subject to the Project Manager's acceptance. Temporary general services exclude inspection and testing services, surveys, photographs, security provisions, protection, safety, final cleaning, startup of systems, instructions to Owner's personnel and other services which are recognized to be similar to the work of this section but are specified in other sections hereof, if required.

B. The types of temporary general services required for the project may include, but are not necessarily limited to, the following:

1. Sanitary facilities.

2. Collection/disposal of waste materials.

3. Miscellaneous general services.

1.02 QUALITY ASSURANCE
A. Regulations: Comply with governing regulations for the installation and use of general service facilities, including health and safety regulations.

B. Standards: Comply with the "Manual of Accident Prevention in Construction" by AGC (AGC Safety Manual) and with NFPA Code 241 "Building Construction and Demolition Operations." C. Responsibilities: Except as otherwise indicated, the assignment of responsibilities for installing facilities and performing general services, and for complying with trade regulations and union jurisdictions associated therewith, is the Contractor's obligation.

1.03 SUBMITTALS
Submit copies of inspection reports, certificates, permits and similar documentation required or issued in connection with general services.

1.04 JOB CONDITIONS
A. Scheduled uses: Provide temporary general services at the time first needed at the site; and maintain, expand and modify the facilities as needed throughout the construction period.

B. Conditions of use: Operate, maintain, control and protect general service facilities in a manner which will prevent fire, hazardous exposures, health problems, unsanitary conditions, pollution, contamination, discomfort to users, flooding, freeze-up, interference with the construction work, public nuisances and similar deleterious effects.

General Requirements Page 32 of 42

1.05 MATERIALS AND EQUIPMENT OF GENERAL SERVICES
A. General: Provide either new or used materials and equipment for general service facilities, which are in substantially undamaged and serviceable condition. Provide types and qualities, which are recognized in the construction industry as suitable for the intended use in each application.

B. Drinking water: Potable water approved by local health authorities.

C. Construction materials: For offices, fabrication shops, storage sheds and similar construction, provide standard manufactured prefabricated or mobile home construction insulated and weather-tight where indicated to be heated or air conditioned; or provide equivalent job-built construction. Equip each unit with locked entrances, operable windows, roofing, adequate foundations for usual loading including wind loads, serviceable finishes of the types indicated, and mechanical/electrical equipment as needed to achieve the ambient conditions indicated.

D. Self-contained toilet units: Single-occupant, self-contained units of the chemical aerated recirculation type fully enclosed with a glass fiber reinforced polyester shell or similar nonabsorbent material, properly vented and maintained in operation.

1.06 INSTALLATION OF GENERAL SERVICE FACILITIES
A. General: Locate facilities where they will serve the total project construction work adequately, and result in minimum interference with performance of the work. Relocate, modify and extend facilities as required during the course of the work, to properly accommodate the entire work of the project.

B. Sanitary facilities:

1. General: Sanitary facilities include toilets, wash facilities, and drinking water fixtures.

Comply with governing regulations including safety and health codes for the type, number, location, operation, and maintenance of fixtures and facilities, but provide not less than the specified requirements. Install sanitary facilities in available locations which will best serve the needs of personnel at the project site.

2. Toilets: Choice of either self-contained toilet units or water/sewer connected temporary toilet installations (or both) is the Contractor's option to the extent permitted by governing regulations.

3. Drinking water fixtures: Supply drinking water for construction personnel by either water-system-connected drinking fountains or by containerized tap-dispensers with paper cups (or both) at Contractor's option.

C. Collection and disposal of wastes: Establish and enforce a daily system for collecting and disposing of waste materials from construction areas and elsewhere at the project site. Do not hold collected materials at the site for periods of more than 7 days, nor for periods of more than 3 days during hot weather (when daily temperatures can be expected to rise above 80 degrees F). Handle hazardous, dangerous, unsanitary, contaminated, polluting and similar harmful wastes separately from inert materials, by containerizing in an appropriate manner.

Dispose of each category of waste material in a lawful manner. Do not bury or burn waste materials on the Owner's property.

D. Parking: Arrange for temporary surface parking areas to accommodate construction personnel. When site space is not adequate, provide additional off-site parking. Parking General Requirements Page 33 of 42
areas must be approved by Project Manager due to environmentally sensitive areas (i.e. vernal pools, wetlands)
E. Miscellaneous general services: Include whatever general services may be required, or are found to be necessary, for the accommodation of the work. The items of general service which may be needed include, but are not necessarily limited to, the installation of postal delivery service, parking spaces at the temporary offices, walkways in and around the construction area and personal protection items for employees and visitors.

1.06 OPERATIONS AND TERMINATIONS
A. Supervision: Enforce strict discipline in the use of general services at the project site. Limit availability of facilities to essential and intended uses, so as to minimize wastes and the possibility of abuses and the resulting unsanitary and hazardous or dangerous conditions. Do not allow temporary offices and similar temporary or permanent spaces to be used as living quarters, or for other unintended occupancies or uses.

B. Maintenance: Operate and maintain general services in good operating condition through the time of use, and until removal is authorized. Protect from damage by weather.

C. Termination and removal: When the need has ended for each temporary general service facility, or at the time of substantial completion, promptly remove the facility unless requested by the Project Manager to retain it. Complete or restore permanent work which may have been delayed or otherwise affected by the temporary facility. Replace work which cannot be satisfactorily restored. Except as otherwise indicated, the materials and equipment of temporary general services remain the property of the Contractor. Owner reserves the right to take possession of project identification signs.

END OF SECTION
General Requirements Page 34 of 42
........................................................................................................................................................................

SECTION 01600

MATERIAL AND EQUIPMENT / SUBSTITUTIONS
........................................................................................................................................................................

PART 1 - GENERAL

1.01 SECTIONS INCLUDES
A. Products.

B. Transportation and handling.

C. Storage and protection.

D. Product options.

E. Substitutions.

1.02 RELATED SECTIONS
A. Division 00 - Contract Conditions (General Provisions Paragraph 4-10).

B. Section 01300 - Submittals.

C. Section 01400 - Quality Requirements.

1.03 PRODUCTS
A. "Products" means new material, machinery, components, equipment, fixtures, assemblies, and systems forming the Work; and does not include machinery and equipment used for preparation, fabrication, conveying and erection of the Work. Products may also include existing materials or components required for reuse.

B. Do not use material and equipment removed from existing premises, except as specifically permitted by the Contract Documents.

C. Provide interchangeable components of the same manufacturer, for similar components.

D. Comply with Specifications, referenced standards, and applicable codes and regulations as minimum requirements.

E. Provide new materials except as specifically allowed by Contract Documents.

F. Provide equipment and systems composed of materials from a single manufacturer except where otherwise recommended by equipment or systems manufacturer or where otherwise indicated in Contract Documents.

1.04 WORKMANSHIP
Contractor shall:

A. Comply with industry standards and applicable codes except when more restrictive tolerances or requirements indicate more rigid standards or precise workmanship.

B. Perform work by persons qualified to produce workmanship of specified quality.

General Requirements Page 35 of 42
C. Secure products in place with positive anchorage devices designed and sized to withstand stresses, vibration, and racking. Seismic and vertical load anchors shall conform to applicable code requirements.

D. Install products plumb, straight and true, and in correct relationship to adjacent materials, with hairline joints, free of rough, sharp or potentially hazardous edges.

1.05 MANUFACTURERS' INSTRUCTIONS
A. When work is specified to comply with manufacturer's recommendations or instructions, distribute copies to persons involved, and maintain one set in field office.

B. Perform work in accordance with details or recommendations and instructions and specified requirements.

C. Should a conflict existing between the Specifications and recommendations or instructions, consult with the City.

D. Where manufacturer's information notes special recommendations in addition to installation instructions, comply with both recommendations and instructions.

1.06 PRODUCT OPTIONS
A. Contractor shall provide products listed in the Contract Documents, products by manufacturers listed in the Contract Documents, and products meeting specified requirements.

B. Procedures are described for requesting substitution of unlisted materials in lieu of materials named in the Contract Documents.

C. Contractor's Options:

1. For products specified only by reference standard, select products meeting the referenced standard.

2. For products specified by naming one or more products or manufacturers, select products of any named manufacturer meeting the Specifications.

3. For a product or manufacturer not specifically named, submit a Request for Substitution.

4. Where terms "or equal", or "or approved equal", or similar references are made, submit a Request for Substitution for any product or manufacturer not specifically named in the Contract Documents.

1.07 SUBSTITUTIONS
A.. The Contractor may submit written requests for substitutions for specified products within fifteen days preceding bid date or within 5 days following date of receipt of Notice to Proceed.

Requests received after the 5 days will not be considered except for the following reasons:

1. Product discontinued.

2. Insufficient quantity except as caused by failure to award subcontract in time, or failure to order products so as to insure delivery without delay of work.

General Requirements Page 36 of 42

3. Delays beyond control such as strikes, fires, and acts of nature, war or civil disorder.

4. Reasons supported by sufficient evidence to satisfy the Project Manager that the request should be allowed.

B. Submit four copies of each request for substitution. Include in each request:

1. Complete data indicating compliance of substitute with Contract Documents.

2. For products:
a. Product identification including name and address of manufacturer, source of supply nearest job site, contract specifications identification, and location in the work.
b. Product data: Description, performance and test data, reference standards; for substitute and specified item.
c. Samples, if requested.
d. Name and address of similar projects on which product was used and date of installation.
e. Deduction from contract price to be allowed for acceptance of substitutions.

3. For construction methods:
a. Detailed description of proposed methods.
b. Drawings illustrating methods.

4. Itemized comparison of specified and proposed methods or products.

5. Data relating to changes in construction schedule.

6. Accurate cost data on substitution com- pared to costs of specified item.

C. In making request for substitution the bidder or Contractor represents:

1. He has investigated the proposed substitute and determined that it is equal or superior in all respects to the specified item.

2. He will provide the same guarantee, warranty bonds or other assurances for the substitute as for the specified item.

3. He waives all claims for additional costs related to the substitution that may develop.
4 Cost data is complete and includes all related costs under his contract.

D. Substitutions will not be considered if:

1. They are shown or implied on other submittals without formal request per this section.

2. Acceptance will require substantial revision of the Contract Documents or the work.

General Requirements Page 37 of 42
E. Only one substitution will be considered for any one material. If the requested substitution is not accepted the originally specified product must be supplied.

F. Action on Requests for Substitution Approval of request will be documented by Change Order. Denial of request will be made by letter or RFI.

1.08 TRANSPORTATION AND HANDLING
Contractor shall:

A. Transport and handle products in accordance with manufacturer's instructions.

B. Promptly inspect shipments to assure that products comply with requirements, quantities are correct, and products are undamaged.

C. Provide equipment and personnel to handle products by methods to prevent soiling, disfigurement, or damage.

1.09 STORAGE AND PROTECTION
Contractor shall:

A. Store and protect products in accordance with manufacturer's instructions, with seals and labels intact and legible. Store sensitive products in weather-tight, climate controlled enclosures.

B. For exterior storage of fabricated products, place on sloped supports, above ground.

C. Provide off-site storage and protection when site does not permit on-site storage or protection.

D. Cover products subject to deterioration with impervious sheet covering. Provide ventilation to avoid condensation.

E. Store loose granular materials on solid flat surfaces in a well-drained area. Prohibit mixing with foreign matter.

F. Provide equipment and personnel to storage products by methods to prevent soiling, disfigurement, or damage.

G. Arrange storage of products to permit access for inspection. Periodically inspect to assure products are undamaged and are maintained under specified conditions.

PART 2 – PRODUCTS
Not Used.

PART 3 – EXECUTION
Not Used.

END OF SECTION
General Requirements Page 38 of 42
........................................................................................................................................................................

SECTION 01700

PROJECT CLOSEOUT
........................................................................................................................................................................

1.01 DESCRIPTION OF REQUIREMENTS
A. Definitions: Closeout includes the general requirements near the end of the contract time, in preparation for final acceptance, final payment, normal termination of the contract, occupancy by the Owner and similar actions evidencing completion of the work. Specific requirements for individual units of work are specified in the specification sections. The time of closeout is recognized to be directly related to "Substantial Completion," and therefore may be either a single period for the entire work or a series of periods for individual parts of the work which have been certified as substantially complete at different dates.

1.02 PREREQUISITES FOR SUBSTANTIAL COMPLETION
A. General: Prior to requesting Project Manager's inspection for certification of substantial completion, as required by the General Conditions, complete the following and list known exceptions in request:

1. Submit last Progress Payment Request, with sworn statement showing 100 percent completion of the work, complete with associated releases, consents and supports.

2. Submit statement showing final accounting of changes to the contract price.

3. Advise Project Manager of pending insurance change-over requirements.

4. Submit special guarantees, warranties, workmanship bonds, maintenance agreements, final certifications and similar documents.

5. Obtain and submit, operating certificates, final inspection/test certificates, and similar releases enabling Owner's full and unrestricted use of the work and access to services and utilities.

6. Submit record drawings, maintenance manuals, final project photographs, damage or settlement survey, property survey, and similar final record information.

7. Deliver tools, spare parts, extra stocks of materials, and similar physical items to Owner.

8. Complete start-up testing of systems, and instructions of Project Manager's operating/maintenance personnel.

9. Discontinue (or change over) and remove from the project site temporary facilities and services, along with construction tools and facilities, and similar elements.

10. Complete the final cleaning.

11. Touch-up and otherwise repair and restore marred exposed finishes.

B. Inspection procedures: Upon receipt of Contractor's request, Project Manager will either proceed with inspection or advise Contractor of prerequisites for inspection not fulfilled. The number of items to be corrected or completed will be averaged. When the average General Requirements Page 39 of 42
exceeds four items, the inspection will be stopped and the Contractor advised that the work is not ready for inspection. The Contractor shall then resume the work. Following initial complete inspection, Project Manager will either prepare certificate of substantial completion, or advise Contractor of work which must be performed prior to issuance of certificate; and repeat inspection when requested and assured that work has been substantially completed. Results of completed inspection will form initial "punch-list" for final acceptance.

1.03 PREREQUISITES FOR FINAL ACCEPTANCE
Prior to requesting Project Manager's final inspection for certification of final acceptance and final payment, as required by the General Conditions, complete the following and list known exceptions (if any) in request:

A. Submit final payment request with final releases and supports not previously submitted and accepted. Include certificates of insurance for products and completed operations.

B. Submit updated final statement, accounting for additional changes to the contract price.

C. Submit certified copy of Project Manager's final punch-list of itemized work to be completed or corrected, stating that each item has been completed or otherwise resolved for acceptance, endorsed and dated by the Project Manager.

1.04 RECORD DOCUMENT SUBMITTALS
A. General: Specific requirements for record documents are indicated in individual sections of these specifications. The general requirements are indicated in individual sections of these specifications. The general submittal requirements are indicated in section 01.300. Do not use record documents for construction purposes; protect from deterioration and loss in a secure fire-resistive location; provide access to record documents for the Project Manager's inspection during normal working hours.

B. Record drawings: Refer to Section 01720 - Record Documents.

C. Maintenance manuals: Organize maintenance-and-operating manual information into suitable sets of manageable size, and bind into individual binders properly identified and indexed (thumb-tabbed); Include emergency instructions, spare parts listing, warranties, guarantees, wiring diagrams, recommended "turnaround" cycles, inspection procedures, shop drawings, product data, and similar applicable information. Bind each manual of each set in a heavy-duty 2", 3-ring, vinyl-covered binder, and include pocket folders for folded sheet information. Mark identification on both the front and spine of each binder.

1.05 CLOSEOUT PROCEDURES
A. General operating/maintenance instructions: Arrange for each installer of work requiring continuing maintenance or operation (by the Owner) to meet with the Project Manager's personnel, at the project site, to provide basic instructions needed for proper operation and maintenance of the entire work. Include instructions by manufacturer's representative where installers are not expert in the required procedures. Review maintenance manuals, record documentation, tools, spare parts and materials, lubricants, fuels, identification system, control sequences, hazards, cleaning and similar procedures and facilities. For operational equipment, demonstrate start-up, shutdown, emergency operations, noise and vibration adjustments, safety, economy/efficiency adjustments, and similar operations. Review maintenance and operations in relation with applicable guarantees, warranties, agreements to maintain, bonds, and similar continuing commitments.

1.06 FINAL CLEANING
A. General: Special cleaning for specific units of work is specified in the sections of specifications.

General Requirements Page 40 of 42
B. Provide final cleaning of the work, at the time indicated, consisting of cleaning and grading the work area to its preconstruction condition prior to placing the final erosion control measures.

END OF SECTION
General Requirements Page 41 of 42
........................................................................................................................................................................

SECTION 01720 RECORD

DOCUMENTS
........................................................................................................................................................................

1.01 DESCRIPTION OF REQUIREMENTS
A. Record documents include those documents or copies relating directly to the performance of the work, which the Contractor is required to prepare or maintain for the Owner's records, recording the work as actually performed. In particular, record documents show changes in the work in relation to the way in which it was shown and specified by the original contract documents; and show additional information of value to the Owner's records, but not indicated by the original contract documents. Record copies include newly-prepared drawings (if any are specified), marked-up copies of contract drawings and shop drawings, marked-up copies of specifications, addenda and change orders, marked-up product data submittals, record samples, field records for variable and concealed conditions such as excavations and foundations, and miscellaneous record information on work which is otherwise recorded only schematically or not at all. Certain individual work sections indicate specific record-copy requirements, which extend the requirements of this section.

B. Refer to Section 01700 for general closeout requirements related to the submittal of record copies.

1.02 RECORD DOCUMENTS
A. Record Drawings:

1. Mark-up procedures: During the progress of the work, maintain a white-print set (blue-line or black-line) of contract drawings and shop drawings, with mark-up of actual installations which vary substantially from the work as originally shown. Mark whatever drawings are most capable of showing the as-built condition, fully and accurately. Where shop drawings are marked-up, mark cross-reference on contract drawings at the corresponding location. Mark with erasable colored pencil, using separate colors where feasible to distinguish between changes for different categories of work at the same general location. Mark-up important additional information which was either shown schematically or omitted from original drawings.

Give particular attention to information on work to be concealed that would be difficult to identify or measure and record at a later date. Note alternative numbers.

2. Preparation of transparencies:
a. In preparation for certification of substantial completion on the last major portion of the work, review the completed mark-up of record drawings with the Project Manager. Identify and date each updated drawing. b. Printing of original drawings, with addition of contract modifications, to produce transparencies and other prints as required herein is the Engineer's responsibility.

3. Distribution: Upon completion of the record drawings, prepare three copies of each drawing, regardless of whether changes and additional information were recorded thereon. Organize each of the three copies into manageable sets, bind with durable paper cover sheets, and print suitable titles, dates and other identification on the cover of each set. Organize and bind the mark-up set of prints (maintained during the construction period) in the same manner. Submit mark-up set, three copy sets, and transparencies to Project Manager for Owner's records.

General Requirements Page 42 of 42
B. Record Specifications: During the progress of the work, maintain one copy of the specifications, including addenda, change order and similar modifications issued in printed form during construction, and mark-up variations (of substances) in the actual work in comparison with the test of specifications and modifications as issued. Give particular attention to substitutions, selection of options, and similar information on work where it is concealed or cannot otherwise be readily discerned at a later date by direct observation. Note related record drawing information and product data, where applicable. Upon completion of mark-up, submit to Project Manager for Owner's records.

END OF SECTION

END OF DOCUMENT

TECHNICAL SPECIFICATIONS

TEHAMA STREET RESURFACING PROJECT

TECHNICAL SPECIFICATIONS

FOR CONSTRUCTION ON

TOOMES AND LOLETA AVE

RESURFACING PROJECT

THE TECHNICAL SPECIFICATIONS AND PLANS CONTAINED HEREIN HAVE BEEN PREPARED BY OR UNDER THE DIRECTION OF THE FOLLOWING REGISTERED CIVIL ENGINEER.

SIGNED:

Licensed Civil Engineer
DATE:

TECHNICAL SPECIFICATIONS

TEHAMA STREET RESURFACING PROJECT

TABLE OF CONTENTS
TABLE OF CONTENTS................................................................................................... 1 I - TECHNICAL SPECIFICATIONS.................................................................................. 1 SECTION 5 - CONTROL OF WORK................................................................................................................. 1 SECTION 6 - CONTROL OF MATERIALS ......................................................................................................... 4 II - GENERAL CONSTRUCTION..................................................................................... 6 SECTION 10 – GENERAL.............................................................................................................................. 6 SECTION 12 – TEMPORARY TRAFFIC CONTROL ............................................................................................ 9 SECTION 13 – WATER POLLUTION CONTROL.............................................................................................. 12 SECTION 15 – EXISTING FACILITIES............................................................................................................ 14 III - EARTHWORK AND LANDSCAPE .......................................................................... 16 SECTION 17 – CLEARING AND GRUBBING.................................................................................................. 16 SECTION 22 – FINISHING ROADWAY.................................................................................................... 16 IV – SUBBASES AND BASES....................................................................................... 17 SECTION 30 – RECYCLED PAVEMENT......................................................................................................... 17 V - SURFACINGS AND PAVEMENTS .......................................................................... 18 SECTION 39 – ASPHALT CONCRETE........................................................................................................... 18 VII – STRUCTURES....................................................................................................... 19 SECTION 66 – CORRUGATED METAL PIPE .................................................................................................. 19 IX – TRAFFIC CONTROL DEVICES ............................................................................. 19 SECTION 84 – MARKINGS .......................................................................................................................... 19 APPENDIX 1- FDR-C MIX DESIGN............................................................................... 20 Revised Standard Specifications applicable to the 2024 Edition of the Standard Specifications (1350 pages) from Caltrans website:
https://dot.ca.gov/programs/design/october-2024-ccs-standard-plans-and-standard-specifications PAGE 1 OF 22

TECHNICAL SPECIFICATIONS

TEHAMA STREET RESURFACING PROJECT

I - TECHNICAL SPECIFICATIONS
SECTION 5 - CONTROL OF WORK
The bidder's attention is directed to the provisions in Section 5 "Control of Work” of the 2024 Standard Specifications and these Technical Specifications.

Replace “Department’s website” in the ninth paragraph of section 5-1.01 with:

State of California Department of Transportation Web site Replace items 1.1 through 1.7 of paragraph 2 of section 5-1.02 with:

1.1. Technical Specifications

1.2. Project plans

1.3. City of Corning Land Division and Engineering Design Standards

1.4. State of California Department of Transportation revised standard specifications

1.5. State of California Department of Transportation standard specifications

1.6. State of California Department of Transportation revised standard plans

1.7. State of California Department of Transportation standard plans

1.8. Supplemental project information
Delete the second paragraph of section 5-1.09A.

Add to section 5-1.20:

Contractor is to coordinate with utility companies for the relocation of existing, and construction of new utility facilities, if applicable.

Replace section 5-1.20B(3) with the following:

Confirm with the Engineer which after-award PLACs are obtained by the Department and which are obtained by the Contractor. Unless otherwise specified by the Engineer in writing, all after-award PLACs are to be obtained by the Contractor.

To make a change to an after-award PLAC obtained by the Department, submit the proposed change.

The Department sends the proposed change to the appropriate authority for consideration.

Obtain those PLACs to be issued to you and pay fees and costs associated with obtaining them. Submit copies of Contractor-obtained after-award PLACs for review.

Permits from the City will be of no-charge to the Contractor.

Add to section 5-1.20G
Construction Water
The Contractor can obtain water for construction use at no cost from nearby City services. The contractor will have to obtain a hydrant meter from City of Corning City Hall. The Contractor will be charged a deposit that will be reimbursed when the meter is returned at end of project undamaged. The Contrator will not be charged for construction water used.

Delete item 2 from the list following the third paragraph of section 5-1.23A.

Add to section 5-1.24:

As-Built Plans
Contractor shall provide the City with a set of As-Built drawings at the end of the project. As-Built drawings shall be maintained and updated throughout construction, at the end of the project. As-Built drawings shall identify at a minimum all installations of typical and non-typical materials.

PAGE 2 OF 22

TECHNICAL SPECIFICATIONS

TEHAMA STREET RESURFACING PROJECT
Replace section 5-1.26 with the following:

The Contractor must provide stakes if they deem necessary for completing scope of work. Full compensation for staking will be considered as included in the contract price paid for the various items of work and no additional compensation will be allowed therefore.

Replace “State representatives” in the first, second and third paragraphs of section 5-1.27C:

City of Corning authorized representatives
Replace section 5-1.27E with the following:

Maintain separate records for change order works costs. Change order bills shall be submitted hard copy and shall adhere to Section 5-1.23 “Submittals” of the Standard Specifications.

Delete the second, third, fourth (including items 1 and 2) and fifth paragraph of section 5-1.27E.

Add to section 5-1.27E:

Submit change order bills as part of progress payments as described in section 9-1.16.

Add to section 5-1.29:

Construction Limits
The Contractor shall confine his operations to designated property, road rights-of-way, existing easements, or as identified and designated on the Plans. Any encroachment onto lands outside of these aforementioned areas will require the contractor to supply, in writing, an agreement which shows a rightof-entry, temporary construction easement, proof of ownership or other form of right to use such land(s) PRIOR to the encroachment or use of such lands. Failure to comply with the provisions for construction limits shall result in the immediate suspension of all work until the provisions have been met.

Add to section 5-1.31:

The Contractor is responsible for the protection of the entire jobsite, including protecting the fresh concrete and asphalt against vandalism and damage. Any damaged concrete or asphalt will be repaired or replaced as determined by the Engineer. Any additional security measures required to protect against vandalism will be included in the respective individual items and no additional compensation will be allowed.

Full compensation for vandalism control will be considered as included in the contract price paid for the various items of work and no additional compensation will be allowed therefore.

Add to section 5-1.36D:

No valves or other controls on existing utility systems shall be operated for any purpose by the Contractor without prior approval of the Engineer and/or the utility company.

Replace section 5-1.46 with the following:

When you complete the work, request the Engineer's final inspection. The Engineer will promptly inspect the project work.

If the Engineer determines that the work is complete, the Engineer recommends Contract acceptance.

Immediately after Contract acceptance, you are relieved from:

1. Maintenance and protection duties

2. Responsibility for injury to persons or property or damage to the work occurring after Contract acceptance except as specified in section 6-3.06 of the Standard Specifications.

If the Engineer determines that the work is not complete, the Engineer will develop a final punch list, and the Contractor will be notified in writing of any defects or deficiencies to be remedied. When notified that this project work has been completed, the Engineer will again inspect the project work and when satisfied that all project work has been done in accordance with the contract drawings and these Technical Specifications, the Engineer will recommend to the City Council that they formally accept the contract as complete. The completion date, for purposes of computing “Time for Completion” and liquidated damages, if any, will be considered to be the date of Contractor’s first written completion notice, provided that, in the Engineer’s judgment, the project work is substantially complete and operational at that time.

PAGE 3 OF 22

TECHNICAL SPECIFICATIONS

TEHAMA STREET RESURFACING PROJECT

END OF SECTION
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PAGE 4 OF 22

TECHNICAL SPECIFICATIONS

TEHAMA STREET RESURFACING PROJECT
SECTION 6 - CONTROL OF MATERIALS
The bidder's attention is directed to the provisions in Section “6 Control of Materials” of the 2024 Standard Specifications and these Technical Specifications.

Add to section 6-1.01:

The Department adopts Caltrans’s maintained Pre-Qualified Products List (Authorized Materials List) for various construction materials, and can be found at:
http://www.dot.ca.gov/hq/esc/approved_products_list/
Materials may be used or specified to be on this maintained list. The Engineer shall not be precluded from sampling and testing products on the Pre-Qualified Products List.

The manufacturer of products on the list of Prequalified and Tested Signing and Delineation Materials shall furnish the Engineer a Certificate of Compliance in conformance with the provisions in Section 6-

3.05E, "Certificates of Compliance," of the Standard Specifications for each type of material supplied that applies to this list.

For those categories of materials included on the Pre-Qualified Products List, only those products shown within the listing may be used in the work. Other categories of products, not included on the list of Prequalified and Tested Signing and Delineation Materials, may be used in the work provided they conform to the requirements of the Standard Specifications.

Materials and products may be added to the Pre-Qualified Products List if the manufacturer submits a New Product Information Form to the New Product Coordinator at the Transportation Laboratory. Upon a Departmental request for samples, sufficient samples shall be submitted to permit performance of required tests. Approval of materials or products will depend upon compliance with the specifications and tests the Department may elect to perform.

Replace section 6-1.04C with the following:

Steel and iron materials must be melted and manufactured in the United States except:

1. Foreign pig iron and processed, pelletized, and reduced iron ore may be used in the domestic production of the steel and iron materials

2. If the total combined cost of the materials does not exceed the greater of 0.1 percent of the total bid or $2,500, materials produced outside the United States may be used if authorized Production includes:

1. Processing steel and iron materials, including smelting or other processes that alter the physical form or shape (such as rolling, extruding, machining, bending, grinding, and drilling) or chemical composition;

2. Coating application, including epoxy coating, galvanizing, and painting, that protects or enhances the value of steel and iron materials.

Furnish steel and iron materials to be incorporated into the work with certificates of compliance and certified mill test reports. Mill test reports must indicate where the steel and iron were melted and manufactured.

All melting and manufacturing processes for these materials, including an application of a coating, must occur in the United States. Coating includes all processes that protect or enhance the value of the material to which the coating is applied.

A Certificate of Compliance, conforming to the provisions in Section 6-2.03C, Certificates of Compliance, of the Standard Specifications, shall be furnished for steel and iron materials subject to Buy America provisions in Section 6-1.04C.

Replace the seventh paragraph of section 6-2.01A "General" with the following:

For a material to comply with a property show in the following table, the Department tests under the corresponding test methods shown:

PAGE 5 OF 22

TECHNICAL SPECIFICATIONS

TEHAMA STREET RESURFACING PROJECT
Table 1: Typical Test Methods

PROPERTY TEST METHOD
Relative Compaction ASTM D2922 and D3017
Sand Equivalent CT 217
Resistance (R-Value) CT 301
Grading (sieve analysis) CT 202
Durability Index CT 229
Add to section 6-2.01A:

The Agency uses a Quality Assurance Program (QAP) to ensure a material is produced to comply with the Contract. The Quality Assurance Program is formally incorporated to this contract. A copy of the QAP may be requested at any time.

Material testing for this project shall be provided by the Contractor to ensure the quality of work/product provided meets the geotechnical engineers recommendations/mix design as set forth in Section 6 of the Standard Specifications and the most current version of the City of Corning Quality Assurance Program.

Geotechnical FDR-C Mix design can be found in attached to these Technical Specifications as Appendix

1. Full compensation for material testing shall be considered as included in the prices paid for by the various contract items involved in the Bid Schedule and no additional compensation will be allowed.

Schedule project work to allow time for QAP.

Replace “deducts” in the seventh paragraph of section 6-2.03A with:
may deduct
Add to section 6-2.03A:

In these Technical Specifications, the City of Corning Public Works Department will list which source inspection expenses it will deduct from the contract.

Add to section 6-2.03B:

City inspections shall be conducted on working days from 8:00 am to 3:00 pm. Any inspections outside of these hours shall be requested at least three (3) days prior to the work, must be approved by the Engineer, and all costs associated with the inspections may be paid by the Contractor.

END OF SECTION
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PAGE 6 OF 22

TECHNICAL SPECIFICATIONS

TEHAMA STREET RESURFACING PROJECT

II - GENERAL CONSTRUCTION
SECTION 10 – GENERAL
The bidder's attention is directed to Section 10 “General” of the 2024 Standard Specifications, and these Technical Specifications.

Replace section 10-1.02B with the following:

Before starting the operational test of a traffic management system that directly impacts traffic, the system must be ready for operation, and all signs, pavement delineation, and pavement markings must be in place at the system's location.

If maintaining existing traffic management system elements during construction is shown on the Bid Item List, a list of the systems shown within the project limits and their operational status is included in the Information Handout. Before starting job site activities, conduct a preconstruction operational status check of the existing system's elements and each element's communication status with the transportation management center to which it communicates. If an existing system element is discovered and has not been identified, the Department adds the element to the list of systems. The pre- and post-construction operational status check of the discovered elements is change order work.

If maintaining existing traffic management system elements during construction is not shown on the Bid Item List and an existing system element is discovered during the work, notify the Engineer. The Engineer orders a pre- and post-construction operational status check of the discovered elements. The status check of the discovered elements is change order work.

Conduct the status check with the Engineer and an electrical representative from the traffic operations office of the district in which the work is located. The Department provides you a list of the preconstruction operational status-check results, including:

1. Existing traffic management system elements and their locations within the project limits

2. Fully functioning elements

3. Nonoperational elements
Before Contract acceptance, conduct a postconstruction operational status check of all elements shown on the list with the Engineer and an electrical representative from the traffic operations office of the district in which the work is located.

Add to section 10-1.05:

Coordinate work activities such that will garbage pick-up will not disrupt access to garbage bins. Do not place seals or paving during days of garbage pick-up. Refer to Section 10-1.06 “Advanced Notification”.

Before obliterating any traffic stripes, pavement markings, and pavement markers to be replaced at the same location, reference the stripes, markings, and markers. Include limits and transitions with control points to reestablish the new stripes, markings, and markers.

Construction of the new structural section adjacent to the existing traveled way must be performed successively and once all operations are under way, concurrent operations of excavating, preparing subgrade, placing base materials, and paving. Excavation within 8 feet of the existing traveled way must not precede the paving operation by more than 2 working days unless:

1. Authorized material is placed and compacted against the vertical cuts within 8 feet of the existing traveled way. During excavation operations, native material may be used for this purpose except once the placing of the structural section starts, structural material must be used. Place the material up to the top of the existing pavement and taper at a slope of 4:1 (horizontal : vertical) or flatter to the bottom of the excavation. Do not use treated base for the taper.

At the end of each working day if a difference in excess of 8 feet exists between the elevation of the existing pavement and the elevation of an excavation within 8 feet of the traveled way, place and compact material against the vertical cut adjacent to the traveled way. During the excavation operation, you may use native material for this purpose except once the placing of the structural section starts, structural PAGE 7 OF 22

TECHNICAL SPECIFICATIONS

TEHAMA STREET RESURFACING PROJECT
material must be used. Place the material up to the top of the existing pavement and taper at a slope of 4:1 (horizontal: vertical) or flatter to the bottom of the excavation. Do not use treated base for the taper.

Before any paving operation that may cover existing utility or monument, reference and record the location of all utility covers and monument.

Add to section 10-1.06:

Advanced Notification
Add to section 10-1.06A:

Advanced Notification of Agencies
Contractor shall have available at all times during Contractor’s working hours, a public relations person to deal with public and business concerns and shall report to the Engineering Division, Department of Public Works.

The Contractor shall notify all agencies which may be affected by the construction. Notification shall be in writing and at least 72 hours prior to construction. The notice shall include the project limits, starting date, scheduled date of completion, Contractor contact person and Contractor telephone number.

The agencies shall include, but not be limited to:

AGENCY PHONE NO: AGENCY PHONE NO:

Tehama County
Landfill/Recycling (530) 528-1102
City of Corning
Fire Department (530) 527-1126
Corning
Irrigation District (530) 527-4300 Ext. 2
U. S. Postal Service
(Corning Post Office) (530) 527-1455
Corning Union
Elementary School
District (530) 824-7700
Corning Union High
School District (530) 824-8000
Tehama Rural Area
Express (530) 385-2877
Corning Police
Department (530) 527-3131
The Contractor shall keep current and notify the local Police and Fire Departments of Contractor’s construction operation and traffic control changes three (3) days before project work is to begin or traffic changes are made. The Contractor shall cooperate with local authorities relative to handling traffic through the area and shall make Contractor’s own arrangements in keeping the project work area clear of parked vehicles
Failure to comply with the provisions for notification shall result in the suspension of all project work until the provisions have been met.

Add to section 10-1.06B:

Advanced Notification to Residents
The Contractor shall notify all residents, businesses, and tenants that may be affected by or are in the immediate vicinity of the construction at least 72 hours prior to construction. Notification shall be in writing and include a brief description of the project work, starting date, planned date of completion, Contractor contact person and Contractor phone number. Notice shall be hand carried by Contractor Representative.

Should a change in the project work schedule occur after the residents and/or businesses have been notified the Contractor shall notify the residents and/or businesses of the change in schedule within 24 hours of the originally scheduled starting date.

Contractor shall have at the job site, at all times during Contractor's working hours, a full-time public relations person to deal with public and business concerns and shall report to the City Engineer.

When the construction requires prohibiting parking, "No Parking" signs shall be posted along the construction routes. The signs shall include the dates and times that no parking periods will be in effect. "No Parking" signs shall be mounted on Class I barricades and placed in the gutter pan not more than PAGE 8 OF 22

TECHNICAL SPECIFICATIONS

TEHAMA STREET RESURFACING PROJECT
500 feet apart. Signs shall be posted a minimum of 24 hours in advance of construction and immediately removed upon completion. Should the Contractor not commence project work after 24 hours from placement of the signs, the signs shall be removed. If a vehicle is parked in a properly posted no parking area and is prohibiting the progression of project work, the Contractor shall notify the City of Corning Police Department to arrange for removal of the vehicle.

Failure to comply with the provisions for notification shall result in the suspension of all project work until the provisions have been met.

END OF SECTION
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TECHNICAL SPECIFICATIONS

TEHAMA STREET RESURFACING PROJECT
SECTION 12 – TEMPORARY TRAFFIC CONTROL
The bidder's attention is directed to Section 12 “Temporary Traffic Control” of the 2024 Standard Specifications and these Technical Specifications.

Add to section 12-1.01:

Temporary Traffic Control Plan
Prepare and submit to the Engineer a Temporary Traffic Control Plan for approval. The Temporary Traffic Control Plan must adhere to the California Manual on Uniform Traffic Control Devices. Refer to Section 5-1.23B of the Standard Specifications and as amended in these Technical Specifications for submittal requirements.

The Contractor or Contractor’s representative and all subcontractors shall have a copy of the approved Temporary Traffic Control Plan pertinent to the project work in progress at all times. Failure to adhere to the Traffic Control Plan shall be grounds for the City of Corning to require the Contractor to stop the project work until traffic control is in compliance with the approved Temporary Traffic Control Plan.

Replace section 12-1.03 with the following:

All flagging costs shall be included in the lump sum cost to perform Temporary Traffic Control.

Replace section 12-1.04 with the following:

Temporary Traffic Control shall be paid for on a lump sum basis. The contract price paid for the temporary traffic control shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for all the work involved with temporary traffic control including signs and flagging costs, for furnishing and operating the pilot car (including driver, radios, other equipment, and labor), maintaining traffic, portable changeable message signs, including furnishing, placing, operating, modifying messages, maintaining, transportation from location to location, removing and repairing or replacing defective or damaged portable changeable messages, and removal of, when completed, the temporary traffic control devices as shown on the plans, as specified in the 2024 Standard Specifications and these Technical Specifications, and as directed by the Engineer. All fines due to improper installation of the temporary traffic control will be at the Contractors expense.

Add to section 12-4.01 General:

Construction Area Traffic Control:

If components in the traffic control system are displaced or cease to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair the components to the original condition or replace the components and shall restore the components to the original location.

Work Zone Safety and Mobility
A. POLICY: To provide a smooth and efficient flow of traffic, while retaining safety through the roadway work zone.

B. TRAFFIC MANAGEMENT PLAN: Road Rehabilitation projects include preparation, leveling and overlay asphalt courses and/or asphalt seal treatments followed by shoulder backing tasks completed on specific roadway segments selected on an annual basis. For overlays and seal coats, single open lane traffic control in the vicinity of the work zone is utilized to maintain traffic flow and worker safety. For micro-surfacing treatments, local roads may be closed entirely for up to 8 hours while the work is executed. For full-depth reclamation projects, single open lane traffic control in the vicinity of the work zone. If the single lane has had FDR-C treatment, the treated lane shall have a sand cover prior to allowing traffic.

City of Corning utilizes our staff construction inspector to evaluate the traffic delays and impacts to road users to determine if modifications are needed.

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TECHNICAL SPECIFICATIONS

TEHAMA STREET RESURFACING PROJECT
City roads, in addition to motorists, service the needs of bicyclists and pedestrians. Since their usage is rare and random, they will be accommodated through the construction zone alongside vehicular traffic throughout the duration of the project.

C. TEMPORARY TRAFFIC CONTROL PLAN: Construction area traffic control will be developed and maintained per the guidelines in the California Manual of Uniform Traffic Control Devices (CA MUTCD) 2014 Revision 2 Part 6, “Temporary Traffic Control”.

The primary function of temporary traffic control (TTC) is to provide for the reasonably safe and efficient movement of road users through or around TTC zones while reasonably protecting workers, responders to traffic incidents, and equipment. It is the responsibility of the contractor to install and maintain devices which are necessary to provide passage for the traveling public, through the work, as well as safety of workers.

For the work location, submit a traffic control plan for the road closure and detour required for the construction, for review by the City Engineer prior to starting work. Detour route to be provided by the City Engineer.

At the end of each work day the Contractor shall place temporary pavement delineation in accordance with Section 12-6 of the 2015 Standard Specifications.

Add to section 12-4.01A:

Emergency vehicles shall be permitted to pass through project work area without delay at all times.

Add to the end of section 12-4.02C(1):

Keep the full width of the traveled way open to traffic when no active construction activities are occurring in the traveled way or within 6 feet of the traveled way and on:

1. Friday after 3:00 p.m.

2. Saturday

3. Sunday

4. Designated holidays

5. Special days
Delete the entirety of section 12-4.02C(2)
Add to section 12-4.02C(3)(a):

Maintain all-weather access to all residences and businesses at all times. If a parcel has two driveways, a minimum of one driveway must be open at all times. Contractor shall coordinate with property owners, residents, and business operators as necessary should a driveway closure be required. All businesses are to stay open and operating during the construction.

Add to the end of section 12-4.02C(3)(a):

If you use an impact attenuator vehicle as a shadow vehicle, you are not required to close the adjacent traffic lane for the following activities:

1. Grinding

2. Grooving

3. Saw cutting of concrete slabs

4. Installing loop detectors

5. Structure Excavation and Backfill
Keep a minimum of 1 paved traffic lane at least 10 feet wide open for traffic.

Add to the end of the 1st paragraph of section 12-4.02C(7)(a):

PAGE 11 OF 22

TECHNICAL SPECIFICATIONS

TEHAMA STREET RESURFACING PROJECT
except you may use a moving closure during traffic striping and pavement marker placement using a bituminous adhesive. Do not use a moving lane closure when grinding for recessed striping and recessed markers.

Add to the end of section 12-4.02C(7)(a):

Do not use an impact attenuator vehicle to place and/or remove components of a stationary traffic control system on a 2-lane, two-way highway where the useable shoulder width is less than 10 feet unless otherwise authorized.

Except where prohibited, use an impact attenuator vehicle:

1. To follow behind equipment and workers who are placing and removing components of a closure.

Operate the flashing arrow sign in the arrow or caution mode during this activity, whichever applies.

Follow at a distance that prevents intrusion into the work space from passing traffic.

2. As a shadow vehicle in a moving lane closure.

After placing components of a stationary traffic control system, you may place the impact attenuator vehicle in advance of the work area or at another authorized location to protect traffic and workers.

Add to the end of section 12-4.02C(7)(b):

Except for one-way-reversing traffic-control lane closures, the maximum length of the work area inside a closure is 2 miles.

Not more than 2 stationary closures are allowed in each direction of travel at one time.

Concurrent stationary closures in the same direction of travel must be spaced no closer than 1 miles apart. Closures in the same direction of travel on alternating inside lanes and outside lanes must be spaced by an additional 1 mile, unless otherwise authorized.

Closure spacing is the distance between the last cone of the upstream closure and the temporary sign W20-1 of the downstream closure. The number of lanes open in the upstream closures must be less than or equal to the number of lanes open in the downstream closures. For multiple closures in each direction of travel, pick up the downstream closures first.

For a stationary one-way-reversing traffic-control lane closure, you may stop traffic in 1 direction for periods not to exceed 10 minutes. After each stoppage, all accumulated traffic for that direction must pass through the work zone before another stoppage is made.

The maximum length of a single stationary one-way-reversing traffic-control lane closure is 1 miles between flaggers.

Transport bicyclists through the one-way-reversing traffic-control work zone.

For traffic under one-way-reversing traffic control on unpaved areas, the cones shown along the centerline are not required.

You may use a pilot car to control traffic. If a pilot car is used to control traffic, the cones shown along the centerline are not required. Pilot cars must have cellular or radio contact with other pilot cars and personnel in the work zone. The maximum speed of the pilot cars convoying or controlling traffic through the traffic control zone is 25 mph. Pilot cars must only use traffic lanes open to traffic.

Replace section 12-6.04 with the following:

Full compensation for Temporary Pavement Delineation shall be considered as included in other Temporary Traffic Control prices paid and no separate payment will be made.

END OF SECTION
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
PAGE 12 OF 22

TECHNICAL SPECIFICATIONS

TEHAMA STREET RESURFACING PROJECT
SECTION 13 – WATER POLLUTION CONTROL
The bidder's attention is directed to Section 13 “Water Pollution Control” of the 2024 Standard Specifications and these Technical Specifications.

This project is greater than 1 acre in size; therefore, a California General Permit for Stormwater Discharges will be needed. The Contractor shall be responsible for preparing an Erosion Control Plan and implementing the associated BMPs.

Add to section 13-1.01A:

This project qualifies for a Low-Erosivity Waiver because the soil disturbance area is anticipated to be between 1 and 5 acres and the R-factor is less than 5 if construction activities are performed in climatically drier time. The Erosivity Waiver and R-factor are described in the NPDES General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities (Order No. 2009-0009-DWQ, NPDES No. CAS000002, as amended by 2010-0014-DWQ).

Discharges of storm water from the project must comply with most current NPDES General Permit for "Storm Water Discharges Associated with Construction and Land Disturbance Activities" (Order No. 2009- 009-DWQ, NPDES No. CAS000002, as amended by 2010-0014-DWQ).

Add to section 13-1.01B:

Active and Inactive areas: (1) Active areas have soil disturbing work activities occurring at least once within 14 days, and (2) Inactive areas are areas that have not been disturbed for at least 15 days.

BMPs: Best Management Practices are water pollution control practices.

Construction Phase: Construction phases are (1) Highway Construction including work activities for building roads and structures, (2) Plant Establishment including maintenance on vegetation installed for final stabilization, and (3) Suspension where work activities are suspended and areas are inactive.

CSMP: Construction Site Monitoring Program.

NAL: Numeric Action Level
NEL: Numeric Effluent Limit
NPDES: National Pollutant Discharge Elimination System
NOI: Notice of Intent
normal working hours: The hours you normally work on this project Preparation Manual: The Department's "Storm Water Pollution Prevention Plan and Water Pollution Control Program Preparation Manual."
QSD: Qualified SWPPP Developer
QSP: Qualified SWPPP Practitioner
REAP: Rain Event Action Plan.

RWQCB: Regional Water Quality Control Board.

SAP: Sampling and Analysis Plan
SSC: Suspended Sediment Concentration
SWRCB: State Water Resources Control Board
SWPPP: Storm Water Pollution Prevention Plan
WDID: Waste Discharge Identification Number
WPC: Water Pollution Control
WPC Manager: Water Pollution Control Manager. The WPC Manager implements water pollution control work described in the Erosion Control Plan and oversees revisions and amendments to the Erosion Control Plan.

Add to section 13-2.03:

No condition of the erosion control plan shall release the contractor from any responsibilities or requirements under other environmental statutes and regulations.

The Contractor shall maintain the BMP measures throughout the project. It is the Contractors responsibility to continue BMP maintenance during any project delays if any shall occur.

PAGE 13 OF 22

TECHNICAL SPECIFICATIONS

TEHAMA STREET RESURFACING PROJECT
It is the Contractor’s responsibility to perform daily visual inspections of all stormwater pollution control devices. Summaries noting the daily inspections shall be submitted monthly to the contracting agency along with payment requests. The contractor shall maintain all storm water pollution control devices on the project in proper working order, including cleaning and/or repair during the duration of the project.

Replace section 13-2.04 with:

The cost of installing, maintaining, conducting daily inspections and removal of, when completed, the BMP items shall be measured on a lump sum basis. The contract lump sum price paid for the water pollution control shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all the work involved with the erosion control plan as specified on the plan and these Technical Provisions. All fines due to improper installation of the BMP will be at the Contractors expense.

END OF SECTION
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

TECHNICAL SPECIFICATIONS

TEHAMA STREET RESURFACING PROJECT
SECTION 15 – EXISTING FACILITIES
Replace section 15-1.03D with: 15-1.03D ADJUSTMENT OF ROADWAY FACILITIES All roadway facilities within the limits of work (i.e. manhole covers, valve covers, monument lids, concrete collars, etc.) shall be adjusted to grade. Protect from the paving operations. The Contractor shall submit a plan to the City five (5) working days before beginning work that details how roadway facilities will be protected during work.

The Contractor shall carefully reference all facilities located in the work area prior to construction and shall paint the locations of the facilities on the surface immediately after resurfacing.

Manholes
The manhole base opening shall be covered during the entire operation so that no debris can fall into the sewer or storm drain system. Extreme care shall be taken to prevent spilling foreign material into the drainage or sanitary sewer system or disturbance of survey monuments. The Engineer will require the Contractor to immediately remove manhole covers for inspection to determine if any foreign material has fallen into the manhole. The
Contractor shall be required to immediately remove all foreign material from the manhole’s interior.

Utility Poles
The utility poles shall be protected during the entire operation so that the pole is not damaged. The engineer may require the contractor confirm all utility poles are fully operational after construction. Any utility poles damaged by the contractor shall be replaced at the Contractor’s expense.

Boxes
The box opening shall be covered during the entire operation so that no debris can damage the existing water valve. All boxes and risers raised to grade shall be cleaned of debris regardless if Contractor caused debris. The Engineer may require the Contractor confirm that valves are fully operable after valve boxes have been adjusted to grade. Any valves damaged by the Contractor shall be replaced at the Contractor’s expense.

There are existing water valve boxes currently buried approximately 18 inches below existing grade from a previous project that shall be raised to grade as part of this project. Locations of the buried valves and valve boxes shall be provided to the contractor by physical marker (stakes and/or pavement markings).

Contractor shall be responsible for potholing the buried valve boxes to verify the top of valves and valve boxes are min 12” below existing grade prior to full depth reclamation. Contractor shall adjust boxes as necessary.

General
All materials removed during adjustment, except the existing frame and cover, shall become the property of the Contractor and shall be disposed of as specified in “Roadway Excavation” of these Technical Specifications.

All excess excavated material, AC, broken concrete, and any other excess material resulting from excavation or construction shall become the property of the Contractor and shall be removed by the end of the working day unless approved by the Engineer.

Storage or sale of removed items or materials on-site is not permitted.

If, in the Engineer’s judgment, the existing frame or cover is damaged, the existing frame or cover shall be replaced with new frame and cover, as appropriate. Unsuitable frames and covers shall become the property of the Contractor and shall be disposed of as provided above. The cost of replacing unsuitable frames and covers which, in the Engineer’s judgment, were damaged by the Contractor’s operations shall be at the Contractor’s expense.

PAGE 15 OF 22

TECHNICAL SPECIFICATIONS

TEHAMA STREET RESURFACING PROJECT
Nothing herein shall be construed as relieving the Contractor of his/her responsibility for final cleanup of the site as provided in the Section 4-1.13, "Cleanup" of the State Standard Specifications.

Replace section 15-1.04 with:

Payment for required existing facilities adjustments, and protections, including raising the buried water valve boxes is included in the contract lump sum price for clear and grub as shown on the Bid Schedule.

TECHNICAL SPECIFICATIONS

TEHAMA STREET RESURFACING PROJECT

III - EARTHWORK AND LANDSCAPE
SECTION 17 – CLEARING AND GRUBBING
The bidder's attention is directed to Section 17-2, “Clearing and Grubbing” of the 2024 Standard Specifications and these Technical Specifications.

Add to section 17-2.01:

In addition, the following existing facilities, as described below and as shown on the contract plans, shall be removed and disposed of by the Contractor:
i. Traffic stripes and pavement markings shall be removed by a method that does not materially damage the exiting pavement.
ii. Remove and additional items encountered by the Contractor that are associated with the completion of this project as determined necessary by the City of Corning iii. Remove all excess construction materials and equipment at the end of the project iv. Existing culverts.

Do not sell or give away materials from improvements to the general public at the job site. You may sell materials to duly licensed contractors and material vendors provided that you remove the materials from the job site.

Add to section 17-2.03D:

Residue resulting from removal operations of existing pavement markings and traffic stripes shall be removed from pavement surfaces by seeping or vacuuming before the residue is blow by the action of traffic or winds, migrates across lanes or shoulders, or enters into drainage facilities.

Replace section 17-2.04 with:

Clearing and grubbing shall be paid for on a lump sum basis. The contract price paid for clearing and grubbing shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all the work involved in clearing and grubbing including the placement of temporary construction fencing, sawcuts and the removal of all listed items above, as shown on the plans, as specified in the 2024 Standard Specifications and these Technical Specifications, and as directed by the Engineer.

SECTION 22 – FINISHING ROADWAY
The bidder's attention is directed to Section 22-1, “Finishing Roadway” of the 2024 Standard Specifications and these Technical Specifications.

Replace paragraphs 6 & 7 of section 22-1.03:

Clear debris and obstructions from ditches and channels within the project limits.

Clean out ditches, culverts, and other drainage facilities and appurtenant structures within the project limits.

Replace section 22-1.04 Payment
Full compensation for conforming to the requirements of Section 22 and using excess FDR-C material as shoulder backing for the project shall be considered as included in the prices paid for the various contract items of work involved in the Bid Schedule and no additional compensation will be allowed, therefore.

PAGE 17 OF 22

TECHNICAL SPECIFICATIONS

TEHAMA STREET RESURFACING PROJECT

END OF SECTION
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
IV – SUBBASES AND BASES
SECTION 30 – RECYCLED PAVEMENT
The bidder's attention is directed to Section 30-4, “Recycled Pavement” of the 2024 Standard Specifications and these Technical Specifications.

For the purposes of this contract, the term “FULL DEPTH RECLAMATION” as used in the contract plans, specifications, and all associated documentation, shall be understood and interpreted to mean “FULL DEPTH RECYCLING” as defined in the latest edition of the Standard Specifications and Revised Standard Plans, including all sections referenced therein.

The equivalence applies to all instances where the term "FULL DEPTH RECLAMATION" or “FULL DEPTH RECYCLING” appears in the project documentation, including, but not limited to, contract plans, engineering drawings, project specifications, bid documents, and any other project-related communications or documentation produced or used by all parties involved in the contract.

The Geotechnical FDR-C Mix Design can be found attached to these Technical Specifications as Appendix 1.

Add to section 30-4.03G
Excess material from the FDR-C grading process shall be used as shoulder backing.

Replace Section 30-4.04
30-4.04 Payment
Full Depth Reclamation – Cement (FDR-C) shall be paid for per cubic yard (CY). The contract price paid for Full Depth Reclamation shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all the work involved in Full Depth Reclamation, as shown on the plans, as specified in the 2024 Standard Specifications and these Technical Specifications, and as directed by the Engineer.

PAGE 18 OF 22

TECHNICAL SPECIFICATIONS

TEHAMA STREET RESURFACING PROJECT

V - SURFACINGS AND PAVEMENTS
SECTION 39 – ASPHALT CONCRETE
The bidder's attention is directed to Section 39, “Asphalt Concrete” of the 2024 Standard Specifications and these Technical Specifications.

Hot Mix Asphalt shall be 0.5” Type A
Place Hot Mix Asphalt as shown.

Replace SP-2 at each occurrence in section 39 with:

MS-2
Add between the 3rd and 4th paragraphs of section 39-2.01A(1):

For HMA that uses asphalt binder containing crumb rubber modifier, submit a Crumb Rubber Usage Report form monthly and at the end of the project.

Add to section 39-2.01A(1):

Asphalt Institute MS-2 7th edition (2015)
Replace the 2nd sentence in the 3rd paragraph of section 39-2.01A(4)(b) with:

Submit 3 parts and keep 1 part.

Replace section 39-2.01D with:

Asphalt concrete shall be measured by the ton. The contract price paid for Asphalt concrete shall include full compensation for furnishing all labor, materials, tools and equipment and incidentals and for doing all the work involved in constructing asphalt concrete, complete in place, including application of prime coat or paint binder (tack coat), as shown on the plans and as specified in the 2024 Standard Specifications and these Technical Specifications, and as directed by the Engineer.

END OF SECTION
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
PAGE 19 OF 22

TECHNICAL SPECIFICATIONS

TEHAMA STREET RESURFACING PROJECT
VII – STRUCTURES
SECTION 66 – CORRUGATED METAL PIPE
The bidder's attention is directed to Section 66, “Corrugated Metal Pipe” of the 2024 Standard Provisions and these Technical Provisions.

The payment quantity for corrugated metal pipe proposed within the project is the length measured along the centerline of the pipe and parallel with the slope line per the Bid Schedule.

Corrugated Metal Pipe shall be paid for per Linear Foot (LF). The contract price paid for Corrugated Metal Pipe shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all the work involved in Corrugated Metal Pipe, as shown on the plans, as specified in the 2024 Standard Specifications and these Technical Specifications, and as directed by the Engineer.

IX – TRAFFIC CONTROL DEVICES
SECTION 84 – MARKINGS
The bidder's attention is directed to Section 84, “Markings” of the 2024 Standard Provisions and these Technical Provisions.

Markings shall be paid for per square foot (SF). The contract price paid for Markings shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all the work involved in Markings, as shown on the plans, as specified in the 2024 Standard Specifications and these Technical Specifications, and as directed by the Engineer.

END OF SECTION
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PAGE 20 OF 22

TECHNICAL SPECIFICATIONS

TEHAMA STREET RESURFACING PROJECT
APPENDIX 1- FDR-C MIX DESIGN
This page has been intentionally left blank.

AGREEMENT
THIS AGREEMENT IS MADE AND ENTERED INTO as of this day of by and between the City of Corning, a Municipal Corporation, hereinafter referred to as “City”, and hereinafter referred to as “Contractor”. It is hereby agreed by and between the parties that Contractor shall replace two (2) water valves at two different locations in the City of Coning as identified in the Scope of Work for the City, as hereinafter more particularly described hereafter.

1. CONTRACTOR’S OBLIGATION:
a. Contractor shall, safely perform the replacement of two (2) existing water valves. The first is an in-line valve located on Edith Avenue within the landscaped area near the Edith Well House. The second is a T-valve located at the intersection of Fripp Avenue and Divisadero Avenue as identified in the Scope of Work attached as Exhibit A. Such improvement shall be done safely and in a workmanlike manner with the materials approved and as indicated herein. Location and improvements are as described on the Exhibit A attached hereto and incorporated by this reference. The City reserves unto itself the right to reject any or all performance hereunder and to require touchup and/or follow-up services to the City’s satisfaction and without further compensation. b. Contractor shall, during the term of this Contract, maintain a valid City of Corning Business License.
c. Contractor must, at all times during the term of this contract, be a state-licensed contractor in the following categories throughout the term of this agreement: Classification A – General Engineering.

2. COMPENSATION / TERM
For those services as outlined in City of Corning Water Valve Replacement – Scope of Work
a. hereto the City shall pay to Contractor the not to exceed amount of $ unless terminated under Section 3.
b. City will pay Contractor, upon completion of the project. However, should performance not be satisfactory as determined by the Public Works Director, as hereinafter specified, the City may retain and use such funds as the Public Works Director deems appropriate for purposes of ensuring proper performance and/or hiring other general engineering companies to complete to the City’s satisfaction the contract.

3. TERMINATION:

4. PAYMENTS:

The acceptance of the final payment by the Contractor shall constitute a waiver of all claims by him.

5. SUSPENSION OF WORK:

The Public Works Director shall have authority to suspend the work wholly or in part for such period as he may deem necessary to investigate complaints regarding improper or unsafe use of equipment.

6. AUTHORITY OF DIRECTOR OF PUBLIC WORKS:

7. LAWS TO BE OBSERVED:

The Contractor shall keep himself fully informed of all State, Federal and Municipal Ordinances and/or regulations of the City of Corning which in any manner affect those engaged in or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Contractor must comply with all provisions of the Immigration Reform and Control Act and of the California Labor Code which includes the requirements of the prevailing wage laws and the obligation to register with the Department of Industrial Relations.

8. LABOR DISCRIMINATION:

9. RESPONSIBILITY FOR DAMAGES:

10. LIABILITY INSURANCE:

11. WORKMAN’S COMPENSATION INSURANCE:

Contractor at all times shall keep fully insured, at his own expense, all persons employed by him in connection with this Agreement as required by Workman’s Compensation and Insurance (California Labor Code Section 3200 et seq.), and shall hold the City free and harmless from all liabilities that may arise by reason of the injuries to any of the employees of the Contractor who are injured while performing at work any labor necessary to carry out the provisions of this agreement.

12. CERTIFICATION OF INSURANCE AND CANCELLATION THEREOF:

13. INDEMNITY, DEFENSE AND HOLD HARMLESS:

Any defense obligation arising from this contract requires retention of qualified legal counsel of no less than five years of experience in the area of contract litigation.

14. ACCIDENTS:

The Contractor shall provide at the site of the project such equipment and medical facilities as are necessary to supply first aid service to anyone who may be injured in connection with the work.

15. SAFETY:

16. CONTRACTOR AGREEMENT:

Contractor agrees to perform the services between the hours of 10:00 p.m., and 6:00 a.m., on any day.

17. NON-EMPLOYEE STATUS:

Contractor agrees and affirms that nothing in this agreement causes or creates an employer/employee relationship between City and Contractor.

CERTIFICATION
CITY:

BY: ______________________________ DATED_______________________

CITY MANAGER

CONTRACTOR
BY: ______________________________ DATED_______________________ Contractor

NOTICE TO CONTRACTORS
NOTICE IS HEREBY GIVEN that City of Corning, will receive bids for the City of Corning Fire Hall Repainting Project.

Bids must be received at City Hall, 794 Third Street, Corning, CA 96021 or emailed to [email protected], not later than 1:30 P.M. on October 15, 2025, at which time the Project Coordinator will open said bids. Bids shall be clearly marked with “City of Corning Fire Hall Repainting Project”, together with the name and address of the bidder. The bids will be opened and read publicly and bidders or their agents are invited to be present.

Any request for explanation or interpretation of the Bid Documents must be made in writing no later than 5:00 PM on October 10, 2025. All requests shall be made by email to [email protected] with the subject line of City of Corning Fire Hall Repainting Project. Any explanation or interpretation will be made in the form of Addenda to the Contract Documents. All Addenda will be uploaded to www.publicpurchase.com and the City of Corning website at www.corning.org. It will be the bidder’s responsibility to verify that they have received all Addenda. Bidders shall submit signed copies of all Addenda with their Proposals. Oral explanations and interpretations will not be binding.

A Pre-Bid Walk may be done at the bidders' discretion at 814 5 th St, Corning, CA 96021. Please
coordinate this with the Public Works Director at 530-824-7025.

PURCHASING AGENT, BRANT MESKER
By: CITY MANAGER
Publish in the Red Bluff Daily News on October 3, 2025. Send proof of publication and invoice to: City Hall, 794 Third Street, Corning, CA 96021. Prior to publication, please email proof to [email protected] Attn: Elijah Stanley
Exhibit A
Scope of Work – City of Corning Fire Hall Repainting
Location: 814 5th St, Corning, CA 96021
**Proposals will be received by the Public Works Director at City Hall, 794 Third Street, Corning, California 96021, or emailed to [email protected] by 1:30 p.m. on Tuesday, October 15, 2025.

Project Description
The City of Corning is soliciting bids for the repainting of the City of Corning Fire Hall. The project includes preparation, priming, and repainting of all designated exterior surfaces. Paint colors are to match the existing color scheme (three total colors).

Work to be Performed
The selected contractor shall provide all labor, materials, equipment, and services necessary to complete the following:

1. Surface Preparation
o Properly prepare all surfaces to receive primer and finish coats, including scraping, sanding, patching, caulking, and cleaning as required.
o Remove dirt, loose paint, mildew, and contaminants.
o Protect adjacent areas, landscaping, and equipment from overspray, drips, and damage.

2. Priming and Painting
o Apply one (1) full coat of primer to all prepared surfaces. o Apply two (2) full coats of premium-grade, low-VOC acrylic finish paint to achieve uniform color and coverage.
o Areas to be painted include but are not limited to:
▪ Gutters and eaves
▪ Exterior window sills
▪ Five (5) roll-up doors
▪ One (1) single man door
▪ One (1) double door
▪ Seventeen (17) exterior windows (various sizes)
▪ All designated exterior wall surfaces (approx. 5,930 square feet)

3. General Requirements
o Contractor shall verify all field measurements and quantities. o Contractor is responsible for providing all lifts, scaffolding, and safety equipment necessary to perform the work.
o Work shall comply with all applicable codes, safety regulations, and industry standards.
o Work areas shall be kept clean, with debris removed daily. o Final cleanup shall include removal of all construction-related waste, equipment, and protective coverings.

Deliverables
• Submission of proposed paint samples.
• Fire Hall exterior fully prepped, primed, and painted in existing colors. • Smooth, uniform, and professional-quality finish on all surfaces.

Contractor Responsibilities
• Verification of site conditions and quantities.
• Procurement of all required materials.
• Coordination with City staff regarding schedule and access. • Warranty on workmanship and materials as required in contract documents.

Specifications
• All primers and finish paints shall be premium-grade, exterior-rated, low-VOC acrylic products manufactured by Sherwin-Williams, Benjamin Moore, Dunn-Edwards, Behr Professional, or equal.
• Three-coat system required throughout: one (1) primer coat and two (2) finish coats. • Colors shall match existing three-color scheme as directed by the City.

Warranty Requirements
• Contractor shall provide a minimum two (2) year warranty covering defects in workmanship, including peeling, blistering, cracking, or chipping of applied coatings. • Manufacturer’s product warranty shall be provided in addition to contractor’s warranty. • Warranty period shall commence upon final acceptance of the project by the City. • Contractor shall correct any defects in materials or workmanship discovered during the warranty period at no cost to the City.

Notice to Contractors:

Execution of the Contract:

AGREEMENT
THIS AGREEMENT IS MADE AND ENTERED INTO as of this day of by and between the City of Corning, a Municipal Corporation, hereinafter referred to as “City”, and hereinafter referred to as “Contractor”. It is hereby agreed by and between the parties that Contractor shall repaint the exterior of the City of Corning Fire Hall, matching the existing three-color scheme, including all walls, doors, gutters, eaves, and windows, with full preparation, priming, and finishing as identified in Exhibit A for the City, as hereinafter more particularly described hereafter.

1. CONTRACTOR’S OBLIGATION:
a. Contractor shall perform the repainting of the exterior of the City of Corning Fire Hall, matching the existing three-color scheme. Work includes all walls, doors, gutters, eaves, and windows, with complete preparation, priming, and finishing, as identified in the Scope of Work attached as Exhibit A. All work shall be completed safely, in a professional and workmanlike manner, using approved materials and methods. The project location and improvements are further described in Exhibit A attached hereto and incorporated by this reference. The City reserves unto itself the right to reject any or all performance hereunder and to require touchup and/or follow-up services to the City’s satisfaction and without further compensation.
b. Contractor shall, during the term of this Contract, maintain a valid City of Corning Business License.
c. Contractor must, at all times during the term of this contract, be a state-licensed contractor in the following categories throughout the term of this agreement: C-33.

2. COMPENSATION / TERM
For those services as outlined in City of Corning Fire Hall Repainting – Scope of Work a. hereto the City shall pay to Contractor the not to exceed amount of $ unless terminated under Section 3.
b. City will pay Contractor, upon completion of the project. However, should performance not be satisfactory as determined by the Public Works Director, as hereinafter specified, the City may retain and use such funds as the Public Works Director deems appropriate for purposes of ensuring proper performance and/or hiring other general engineering companies to complete to the City’s satisfaction the contract.

3. TERMINATION:

4. PAYMENTS:

The acceptance of the final payment by the Contractor shall constitute a waiver of all claims by them.

5. SUSPENSION OF WORK:

The Public Works Director shall have authority to suspend the work wholly or in part for such period as he may deem necessary to investigate complaints regarding improper or unsafe use of equipment.

6. AUTHORITY OF DIRECTOR OF PUBLIC WORKS:

7. LAWS TO BE OBSERVED:

8. LABOR DISCRIMINATION:

9. RESPONSIBILITY FOR DAMAGES:

10. LIABILITY INSURANCE:

11. WORKMAN’S COMPENSATION INSURANCE:

12. CERTIFICATION OF INSURANCE AND CANCELLATION THEREOF:

13. INDEMNITY, DEFENSE AND HOLD HARMLESS:

Any defense obligation arising from this contract requires retention of qualified legal counsel of no less than five years of experience in the area of contract litigation.

14. ACCIDENTS:

The Contractor shall provide at the site of the project such equipment and medical facilities as are necessary to supply first aid service to anyone who may be injured in connection with the work.

15. SAFETY:

16. CONTRACTOR AGREEMENT:

Contractor agrees to perform the services between the hours of 10:00 p.m., and 6:00 a.m., on any day.

17. NON-EMPLOYEE STATUS:

Contractor agrees and affirms that nothing in this agreement causes or creates an employer/employee relationship between City and Contractor.

CERTIFICATION
CITY:

BY: ______________________________ DATED_______________________

CITY MANAGER

CONTRACTOR
BY: ______________________________ DATED_______________________ Contractor

Corning City CouncilSeptember 23, 2025

Corning City Council
September 23, 2025