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EXHIBIT A
SPECIFIC PROVISIONS
I. PROJECT MANAGER
CONTRACTOR shall provide the Services as outlined in Exhibit B, (“Scope of Services”). To accomplish that end, CONTRACTOR agrees to assign Kara Hooks, who will act in the capacity of Project Manager, and who will personally direct such Services.
Except as may be specified elsewhere in this Agreement, CONTRACTOR shall furnish all technical and professional services including labor, material, equipment, transportation, supervision, and expertise to perform all operations necessary and required to complete the Services in accordance with the terms of this Agreement.
II. NOTICE TO PROCEED/COMPLETION OF SERVICE
A. NOTICE TO PROCEED
CONTRACTOR shall commence the Services upon CITY’s delivery of a written “Notice to Proceed,” from the designated CITY contact person(s) to CONTRACTOR. For purposes of this Agreement, Cindy Murphy will be the designated CITY contact person(s). The Notice to Proceed may be in the form of email, letter or fax authorizing commencement of the Services. The Notice to Proceed shall be given in accordance with Article 9.J of this Agreement or may be given by email.
B. COMPLETION OF SERVICES
When CITY determines that CONTRACTOR has completed all of the Services in accordance with the terms of this Agreement, CITY will give CONTRACTOR a written Notice of Final Acceptance. CONTRACTOR may request this Notice of Final Acceptance when, in its opinion, it has completed all of the Services as required by the terms of this Agreement and, if so requested, CITY will make a determination of completion within two (2) weeks of such request, or if CITY determines that CONTRACTOR has not completed all of such Services as required by this Agreement, CITY will so inform CONTRACTOR within this two (2) week period. CITY’s failure to make such a determination of completion within two (2) weeks shall be deemed to constitute CITY’s rejection of the Services subject to CITY’s later issuance of a Notice of Final Acceptance.
III. PAYMENT OF FEES AND DIRECT EXPENSES
Payments will be made to CONTRACTOR as provided for in Article 4 of this Agreement.
Direct expenses are charges and fees for services not included in Exhibit B. CITY will only be obligated to pay for those direct expenses that have been previously approved in writing by CITY.
CONTRACTOR must obtain written approval from CITY prior to incurring or billing for direct expenses.
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Copies of pertinent financial records, including, without limitation, invoices, must be included with the submission of billing(s) for all direct expenses.
IV. OTHER PROVISIONS
A. STANDARD OF WORKMANSHIP
CONTRACTOR represents and warrants that it has the qualifications, skills, and licenses necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and CITY expressly relies upon CONTRACTOR’s representations and warranties regarding its skills, qualifications and licenses.
Any plans, designs, specifications, estimates, calculations, reports and other documents furnished under this Agreement shall be of a quality acceptable to CITY. The minimum criteria for acceptance will be a product of neat appearance, well-organized, technically and grammatically correct, checked and having the maker and checker identified. The minimum standard of appearance, organization and content of the drawings will be that used by CITY for similar purposes.
If such deliverables are required under this Agreement, all civil (including structural and geotechnical) engineering plans, calculations, specifications, and reports shall be prepared by, or under the responsible charge of, a licensed civil engineer and will include his or her name and license number. Interim documents will include a notation as to the intended purpose of the document, such as “preliminary” or “for review only.” All civil engineering plans and specifications that are permitted or that are to be released for construction will bear the signature and seal of that licensee and the date of signing and sealing or stamping.
B. RIGHT OF CITY TO INSPECT RECORDS OF CONTRACTOR
CITY, through its authorized employees, representatives or agents, shall have the right, at any and all reasonable times, to audit the books and records (including, without limitation, invoices, vouchers, canceled checks, time cards, etc.) of CONTRACTOR for the purpose of verifying any and all charges made by CONTRACTOR in connection with this Agreement. CONTRACTOR shall maintain for a minimum period of three (3) years from the date of final payment to CONTRACTOR, or for any longer period required by law, sufficient books and records in accordance with standard California accounting practices to establish the correctness of all charges submitted to CITY by CONTRACTOR, all of which will be made available to CITY at the CITY’s offices within five (5) business days after CITY’s request.
C. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data (including, without limitation, computer data and source code), drawings, descriptions, documents, discussions or other information developed or received by or for CONTRACTOR and all other written and oral information submitted to CONTRACTOR in connection with the performance of this Agreement shall be held confidential by CONTRACTOR and will not, without the prior written consent of CITY, be used for any purposes other than the performance of the Services, nor be disclosed to an entity not connected with the performance of the such Services. Nothing furnished to
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CONTRACTOR which is otherwise known to CONTRACTOR or which becomes generally known to the related industry (other than that which becomes generally known as the result of CONTRACTOR’s disclosure thereof) will be deemed confidential. CONTRACTOR shall not use CITY’s name or insignia, or distribute publicity pertaining to the Services rendered under this Agreement in any magazine, trade paper, newspaper or other medium without the express written consent of CITY.
D. NO PLEDGING OF CITY’S CREDIT.
Under no circumstances will CONTRACTOR have the authority or power to pledge the credit of CITY or incur any obligation in the name of CITY.
E. OWNERSHIP OF MATERIAL.
All material including, without limitation, computer information, data and source code, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports and other material developed, collected, prepared (or caused to be prepared) under this Agreement (“Materials”) shall be provided to CITY upon its request (whether during or after the term of this Agreement), but CONTRACTOR may retain and use copies thereof subject to Section IV.C above. Upon delivery to CITY, any Materials delivered shall become the property of the CITY, but they shall remain the property of CONTRACTOR prior to the delivery thereof.
CONTRACTOR represents and warrants to CITY that none of the Materials infringes any patent, copyright, trademark, trade secret, or any other intellectual property right of any third-party, and any claims arising out of an actual or alleged breach of this representation and warranty shall be subject to CONTRACTOR’s obligations pursuant to Article 5.D.
Upon delivery to CITY, CITY shall not be limited in any way in its use of the Materials at any time for any work, whether or not associated with the Services rendered under this Agreement.
However, CONTRACTOR will not be responsible for, and City will indemnify CONTRACTOR from, damages resulting from the use of the Materials for work other than for the Services, including, without limitation, the release of Materials to third parties for work other than on the Services rendered under this Agreement.
F. FEDERAL OR STATE FUNDING REQUIREMENTS.
☐ If the box to the left of this sentence is checked, this Agreement involves Federal or State funding and the requirements of this Section IV.F, below, apply.
1. DBE Program
CONTRACTOR shall comply with the requirements of Title 49, Part 26, Code of Federal Regulations (49 CFR 26) and the City-adopted Disadvantaged Business Enterprise programs.
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2. Cost Principles
Federal Acquisition Regulations in Title 48, CFR 31, will be used to determine the allowable cost for individual items.
3. Covenant against Contingent Fees
The CONTRACTOR warrants that he/she has not employed or retained any company or person, other than a bona fide employee working for the CONTRACTOR, to solicit or secure this Agreement, and that he/she has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or formation of this Agreement. For breach or violation of this warranty, CITY shall have the right to annul this Agreement without liability or, at its discretion, to deduct from the price or consideration specified in this Agreement, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or other consideration.
4. Byrd Anti-Lobbying Amendment
If the maximum amount of this Agreement exceeds One Hundred Thousand and No/100 Dollars ($100,000.00), CONTRACTOR shall comply with the provisions of 31 U.S.C. § 1352.
5. Additional Federal Requirements
If applicable, CONTRACTOR shall comply with the requirements of Title 37, Part 401, Code of Federal Regulations (34 CFR 401), “Rights to Inventions Made by Nonprofit Organizations and Small Businesses Under Government Grants, Contracts and Cooperative Agreements,” the Clean Water Act (42 U.S.C. § 7401, et seq.), the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.), and any orders and regulations pursuant thereto. CONTRACTOR has read and understands the provisions of Appendix II, Title 2, Part 200, Code of Federal Regulations (2 CFR 200, Appx. II), “Contract Provisions for Non-Federal Entity Contracts Under Federal Awards,” which are incorporated herein by reference as though fully set forth.
G. PREVAILING WAGE REQUIREMENTS.
If this Agreement is subject to the payment of prevailing wages pursuant to Section A of Article 5, the following requirements apply:
1. Payment of Prevailing Wages
CONTRACTOR and all subcontractors shall pay workers per diem wages in an amount that is no less than the applicable prevailing wage rate.
2. Prevailing Wage Rates
The prevailing wage rate of per diem wages is available online at the following website:
https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm. CONTRACTOR and all
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subcontractors shall post a copy of the prevailing wage rate of per diem wages at each job site and shall make them available to any interested party upon request.
3. Penalties for Violations
CONTRACTOR and all subcontractors shall comply with Labor Code Section 1775 in the event a worker is paid less than the prevailing wage rate for the work or craft in which the worker is employed. This shall be in addition to any other applicable penalties allowed under Labor Code Sections 1720 through 1861.
4. Payroll Records
CONTRACTOR and all subcontractors shall comply with Labor Code Section 1776, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. CONTRACTOR and all subcontractors shall also furnish records specified in Labor Code Section 1776 directly to the Labor Commissioner in the manner required by Labor Code Section 1771.4.
5. Apprentices
CONTRACTOR and all subcontractors shall comply with Labor Code Sections 1777.5, 1777.6, and 1777.7 concerning the employment and wages of apprentices. CONTRACTOR shall ensure their subcontractors comply with Labor Code Section 1777.5, and CONTRACTOR may be subject to penalties for their subcontractors’ non-compliance with Labor Code Section 1777.5 pursuant to the standards enumerated in Labor Code Section 1777.7.
6. Working Hours
CONTRACTOR and all subcontractors shall comply with Labor Code Sections 1810 through 1815, including but not limited to restricting working hours on public works contracts to eight (8) hours a day
7. Contractor and Subcontractor Registration Requirements CONTRACTOR and all subcontractors shall not be qualified to bid on, be listed in a bid or proposal, subject to the requirements of Public Contract Code Section 4104, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Business and Professions Code Section 7029.1 or by Public Contract Code Sections 10164 and 20103.5, provided the contractor is registered to perform public work pursuant to Labor Code Section 1725.5 at the time the contract is awarded.
8. Compliance Monitoring and Enforcement
This Agreement and the Services provided thereunder are subject to compliance monitoring and enforcement by the Department of Industrial Relations.
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EXHIBIT B
SCOPE OF SERVICES
See attached "APPENDIX B | SCOPE OF SERVICES"
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EXHIBIT C
MILESTONE SCHEDULE
To be discussed, agreed upon, or directed by the City.
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EXHIBIT D
PAYMENT SCHEDULE
Services will be billed according to the rates agreed as shown on "APPENDIX D | PAYMENT SCHEDULE". Projected total cost not to exceed $130,000.00 annually.
Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in Appendix D | PAYMENT SCHEDULE and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed $130,000 annually unless additional compensation is approved in writing in accordance with Article 1 “Term of Agreement” or Article 9.A “Amendment & Modification” of this Agreement.
Payment shall be made in accordance with City’s usual accounting procedures upon receipt and approval of an itemized invoice setting forth the services performed. The invoices shall be delivered to City at the address set forth in Article 9.J. “Notices” hereof. Under no circumstances shall the total amount paid to Contractor under this Agreement exceed the City Manager’s authority under City of Gilroy Municipal Code Section 703 without prior approval by the City Council.
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EXHIBIT E
INSURANCE [Professional Services]
CONTRACTOR shall procure and maintain for the duration of the Agreement, and for additional time if required below, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the CONTRACTOR, its agents, representatives, or employees, including any subcontractors.
Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 00 01 covering Code 1 (any auto), or if CONTRACTOR has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Professional Liability (Errors and Omissions) Insurance appropriate to the CONTRACTOR’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.
If CONTRACTOR maintains broader coverage and/or higher limits than the minimums shown above, CITY requires and shall be entitled to the broader coverage and/or the higher limits maintained by CONTRACTOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to CITY.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
CITY, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the CONTRACTOR including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to
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the CONTRACTOR’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37).
Primary Coverage
For any claims related to this Agreement, the CONTRACTOR’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 12 19 in regards to CITY, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees, or volunteers shall be excess of the CONTRACTOR’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies.
Umbrella or Excess Policy
CONTRACTOR may use Umbrella or Excess Policies to provide the liability limits as required in this Agreement. The policies shall be provided on a true “following form” coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to CITY.
Waiver of Subrogation
CONTRACTOR hereby grants to CITY a waiver of any right to subrogation which any insurer of said CONTRACTOR may acquire against CITY by virtue of the payment of any loss under such insurance. CONTRACTOR agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not CITY has received a waiver of subrogation endorsement from the insurer.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by CITY. CITY may require CONTRACTOR to purchase coverage with a lower retention or provide proof of ability to pay losses and related expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or CITY.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the CITY.
Claims Made Policies
If any of the required policies provide claims-made coverage:
1. The Retroactive Date must be shown and must be before the date of the Agreement or the beginning of work pursuant thereto.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date,
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CONTRACTOR must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
Verification of Coverage
CONTRACTOR shall furnish CITY with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All required documents are to be received and approved by CITY before work commences. However, failure to obtain the documents prior to the work beginning shall not waive CONTRACTOR’s obligation to provide them. CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements, at any time.
Subcontractors
CONTRACTOR shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and CONTRACTOR shall ensure that CITY is an additional insured on insurance required from subcontractors.
Duration of Coverage
CGL & Excess liability policies for any construction-related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of five (5) years for Completed Operations liability coverage. Such Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
Special Risks or Circumstances
CITY reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
APPENDIX B | SCOPE OF SERVICES
The Investment Advisor shall be a registered Investment Advisory as defined and regulated by the Securities and Exchange Commission (“SEC”) and shall be registered in the State of California. The Investment Advisor shall be either independent of any financial institution and/or securities brokerage firm relevant to the firm’s relationship with the entity.
Specific services, although not all-inclusive, to be performed are as follows:
• Provide full-time, discretionary investment management services. • Assist the City with cash flow/maturity analysis.
• Provide credit analysis of investment instruments in portfolio and rebalance the City’s portfolio as necessary.
• Provide technical and fundamental market research, including but not limited to yield curve analysis.
• Provide detailed monthly reports of investment portfolio activity, performance, holding by type, maturity, broker, duration, and benchmark comparable. • Provide separate quarterly and annual portfolio performance reports based on the City’s fiscal year.
• Attend quarterly meetings (in person or via teleconference) with City’s Director of Finance, City Treasurer, Finance Department staƯ, and with City’s Investment Committee.
• Evaluate market risk and develop strategies that minimize the impact on the portfolio.
• Provide assurance of portfolio compliance with all federal and state of California laws as well as ordinances, resolutions and the City’s investment Policy relating to the investment of public funds.
• Establish an appropriate performance benchmark.
• Ensure that the portfolio structure matches the City’s objectives. • Annually review the City’s Investment Policy and make recommendations for changes as appropriate.
• Assist the City in establishing and maintaining an authorized broker/dealer list pursuant to the Investment Policy.
• Perform due diligence reviews of current and proposed broker/dealers. • Monitor the creditworthiness of financial institutions and investments in the portfolio.
• Cooperate with the City’s independent outside audit firm. Provide schedules and analysis as requested by the City’s outside auditors for ACFR preparation. • Provide periodic training to staƯ on investment-related topics. • Provide other investment advisory services as requested.
Investment practices and procedures must comply with state law and the City’s Investment Policy. The investment advisory firm will be expected to perform to the Prudent Expert Standard.
In determining individual investment objective is to achieve a reasonable rate of return, the following factors shall be considered in priority order: safety first, liquidity second, and yield third.
The City’s primary investment objective is to achieve a reasonable rate of return on public funds while minimizing the potential for capital losses arising from market changes or issuer default. Although the generations of revenue through interest earning on investments is an appropriate City goal, the primary consideration in the investment of the City funds is capital preservation in the overall portfolio. As such, the City’s generation of income, which could expose the city to unacceptable levels of risk.
APPENDIX D | PAYMENT SCHEDULE
Chandler to provide comprehensive, investment management and advisory services to the City as described herein in the City's Scope of Services in accordance with the following fee schedule:
Assets Under Management Annual Asset Management Fee
First $50 million 0.09 of 1% (9 basis points)
Next $50 million 0.06 of 1% (6 basis points)
Over $100 million 0.04 of 1% (4 basis points)
Chandler charges management fees only on assets directly under our management. All fees are firm for the entire initial contract term and the City will not be subject to any increases during this period. Fees are charged in arrears.
5.2. City of Gilroy
STAFF REPORT
Agenda Item Title: Acceptance of Cash and Investment Report as of June 30, 2026
Meeting Date: August 17, 2026
From: Matt Morley, City Administrator
Department: Finance
Submitted by: Cindy Murphy, Finance Director
Prepared by: Cindy Murphy, Finance Director
STRATEGIC PLAN GOALS: Develop a Financially Resilient Organization
RECOMMENDATION
Accept and file the cash and investment report as of June 30, 2026.
BACKGROUND
The quarterly investment reports are prepared pursuant to the City's investment policy to keep the City Council apprised of the City's investment activities.
ANALYSIS
As of June 30, 2026, the City's cash and investments totaled $211.7 million, of which primary investments include: $33.9 million in the Local Agency Investment Fund (LAIF), $100.8 million in US Treasury securities, $32.8 million in other Federal Agency nonamortized, and $28.7 million in the California CLASS PRIME Fund.
In addition, there is approximately $15.5 million in cash, of which $14.3 million is held by Fiscal Agents in the Trustee capacity for various bond issues, including bond proceeds, debt service reserves, bond principal and interest payments, and other postemployment benefits (OPEB) and pensions. $6.6 million of this balance held by fiscal agents consists of the City of Gilroy's share of the Acquisition and Construction Funds for the SCRWA Plant Expansion Project, and the remaining portion primarily consists of the Section 115 Trusts for OPEB and pension ($7.5 million). The fiscal year-to-date
5.2. interest earnings are $7.34 million, including accrued interest and amortization of the discount on the securities held, with an effective rate of return of 3.97%, excluding monies held with fiscal agents.
ALTERNATIVES
None.
FISCAL IMPACT/FUNDING SOURCE
There are no direct fiscal impacts to receiving and filing the quarterly cash and investment report. This activity is included in the Finance Department's annual work plan.
Attachments:
1. Investment Report 06-30-2026_Signed 7.30.2026
City of Gilroy
Investment Report
june 2026
TABLE OF CONTENTS
1. PORTFOLIO SUMMARY REPORT.......................................................................................... 1 - 3
2. INVESTMENTS BY ISSUER REPORT................................................................................... 4 - 6 3 INVESTMENT ACTIVITY…………………………………………………………………………….. 7 - 8
4. QUARTERLY MOVEMENT OVER THE LAST TWELVE MONTHS........................................ 9
5. MOVEMENT OVER THE LAST TWO YEARS - GRAPHICAL PRESENTATION.................... 10
6. INVESTMENT PORTFOLIO - GRAPHICAL PRESENTATION................................................ 11 - 12
7. INTEREST EARNINGS: FISCAL YEARS 2016 - 2026............................................................ 13
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
(408)846-0218
City of Gilroy
Portfolio Management
Portfolio Summary
June 30, 2026
% of
Portfolio
Book
Value Investments
Market
Value
Par
Value
Days to
Term Maturity
YTM
365 Equiv.
33,945,795.63 33,945,795.63 33,945,795.63 17.30 1 1 3.810 32,850,000.00 32,763,627.50 32,850,000.00 16.74 651 497 3.965 100,773,400.00 100,502,280.46 100,751,760.14 51.34 454 242 3.740 28,692,568.22 28,692,568.22 28,692,568.22 14.62 1 1 3.700 196,240,123.99 100.00%
LAIF
Federal Agency Non-Amortized
Treasury Notes Securities
California Class
Investments
196,261,763.85 195,904,271.81 343 208 3.784
15,501,524.54 15,501,524.54 15,501,524.54 1 1 0.000
211,741,648.53
Cash
Passbook/Checking
(not included in yield calculations)
Total Cash and Investments 211,763,288.39 211,405,796.35 343 208 3.784 June 30 Fiscal Year To Date
7,333,787.93
Fiscal Year Ending
603,791.27
207,836,407.56
7,333,787.93
199,017,669.49
3.53% 3.68%
Total Earnings Month Ending
4.01%
Current Year
Average Daily Balance
Effective Rate of Return
6 Month T-Bill Benchmark:
NOTES:
1. Fiscal Year To Date Effective Rate of Return without Monies held with Fiscal Agents = 3.97%
2. The Maturity Aging Factor of the City's Portfolio = 6.93 months.
3. The unrealized loss resulting from an increase in Market Values obtained from U.S. Bank of all Securities (excluding LAIF) = $335,852
4. The LAIF balance shown includes $6,051,058 in bond proceeds from the Gilroy Library 2010 Bonds that can be used exclusively for the construction of the library.
This is to certify that this schedule of investments is in compliance with the City of Gilroy's investment policy and that there are adequate funds available to meet the City's budgeted and actual expenses for the next six months.
__________________________________________________ ____________________ Cindy Murphy, Finance Director
Reporting period 07/01/2025-06/30/2026
July 30, 2026
Par Value Book Value
Maturity
Date
Stated
Market Value Rate
Average
Balance Issuer
City of Gilroy
Portfolio Management
Portfolio Details - Investments
June 30, 2026
Days to
Maturity
YTM
CUSIP Investment # 365
Purchase
Date
LAIF
SYSLAIF01 LAIF01 LAIF - City of Gilroy 18,685,215.59 18,685,215.59 18,685,215.59 3.810 3.810 1 SYSLAIF03 LAIF03 LAIF - Industrial Dev. Auth. 9,209,522.46 9,209,522.46 9,209,522.46 3.810 3.810 1 LAIF05 LAIF05 LAIF LIBRARY 6,051,057.58 6,051,057.58 6,051,057.58 3.810 3.810 1 Subtotal and Average 30,305,795.63 33,945,795.63 33,945,795.63 33,945,795.63 3.810 1 Federal Agency Non-Amortized
3130B8D25 USB-32 Federal Home Loan Bank Board 10/31/2025 12,850,000.00 12,826,227.50 12,850,000.00 3.755 3.755 300 04/27/2027 3130BA3N5 USB-38 Federal Home Loan Bank Board 03/26/2026 20,000,000.00 19,937,400.00 20,000,000.00 4.100 4.101 624 03/16/2028 Subtotal and Average 32,850,000.00 32,850,000.00 32,763,627.50 32,850,000.00 3.965 497 Treasury Notes Securities
91282CLB5 USB-30 U. S. TREASURY NOTES 04/30/2025 9,910,000.00 9,915,153.20 9,914,241.57 4.375 3.833 30 07/31/2026 91282CLS8 USB-31 U. S. TREASURY NOTES 07/31/2025 20,246,400.00 20,257,737.98 20,253,021.06 4.125 4.019 122 10/31/2026 91282CMH1 USB-33 U. S. TREASURY NOTES 10/31/2025 8,328,000.00 8,333,163.36 8,353,287.53 4.125 3.586 214 01/31/2027 91282CLB5 USB-34 U. S. TREASURY NOTES 10/31/2025 9,369,000.00 9,373,871.88 9,374,422.69 4.375 3.650 30 07/31/2026 91282CMY4 USB-35 U. S. TREASURY NOTES 02/02/2026 6,783,000.00 6,764,957.22 6,793,657.06 3.750 3.552 303 04/30/2027 91282CNP2 USB-36 U. S. TREASURY NOTES 02/02/2026 13,676,000.00 13,637,023.40 13,720,220.40 3.875 3.566 395 07/31/2027 91282CMH1 USB-37 U. S. TREASURY NOTES 02/04/2026 11,431,000.00 11,438,087.22 11,467,795.02 4.125 3.561 214 01/31/2027 91282CAD3 USB-39 U. S. TREASURY NOTES 04/30/2026 6,049,000.00 5,810,124.99 5,832,860.10 0.375 3.781 395 07/31/2027 91282CFU0 USB-40 U. S. TREASURY NOTES 04/30/2026 14,981,000.00 14,972,161.21 15,042,254.71 4.125 3.806 487 10/31/2027 Subtotal and Average 100,757,447.48 100,773,400.00 100,502,280.46 100,751,760.14 3.740 242 CLASS 28,692,568.22 28,692,568.22 28,692,568.22 3.700 3.700 California Class
CLASS PRIME 1
28,608,494.82 28,692,568.22 28,692,568.22 28,692,568.22 3.700 California Class!
Subtotal and Average 1
Total and Average 207,836,407.56 196,261,763.85 195,904,271.81 196,240,123.99 3.784 208
Par Value Book Value
Stated
Market Value Rate
Average
Balance Issuer
City of Gilroy
Portfolio Management
Portfolio Details - Cash
June 30, 2026
Days to
Maturity
YTM
CUSIP Investment # 365
Purchase
Date
07/01/2025 6,563,708.84 6,563,708.84 6,563,708.84 0.000 Monies Held by Fiscal Agents
WASTEWATER BOND! CONSTRUCTION! U. S. BANK 1
LEASE REV 2020A INT FUND U. S. BANK 07/01/2025 142.70 142.70 142.70 0.000 1 LEASE REV 2022A INTE FUND U. S. BANK 07/01/2025 123.63 123.63 123.63 0.000 1 LEASE REV 2020A PRIN FUND U. S. BANK 07/01/2025 458.74 458.74 458.74 0.000 1 LEASE REV 2022A PRINC FUND U. S. BANK 07/01/2025 831.48 831.48 831.48 0.000 1 WASTEWATER BOND PYMT FUND U. S. BANK 07/01/2025 637.07 637.07 637.07 0.000 1 CFD HWY 152 RESERVE FUND U. S. BANK 07/01/2025 293,753.26 293,753.26 293,753.26 0.000 1 LEASE REV 2020A REVENUE FUND U. S. BANK 07/01/2025 2.84 2.84 2.84 0.000 1 CFD HWY 152 SPECIAL TAX U. S. BANK 07/01/2025 5,520.55 5,520.55 5,520.55 0.000 1 Section 115 Trust Held by PARS
OPEB OPEB Public Agency Retirement Servi 07/01/2025 1,535,850.36 1,535,850.36 1,535,850.36 0.000 1 PENSION PENSION Public Agency Retirement Servi 07/01/2025 5,925,653.99 5,925,653.99 5,925,653.99 0.000 1 WELLS FARGO WELLS FARGO 979,632.25 979,632.25 979,632.25 0.000 Wells Fargo Checking
SYSWFB 1
Other Banks-Misc.Account-Petty Cash
SYSUNDERCOV UNDERCOV CHASE BANK 07/01/2025 698.30 698.30 698.30 0.000 1 SYS/MUFG MUFG MUFG / UNION BANK 07/01/2025 0.00 0.00 0.00 0.000 1 SYSPETTY PETTY PETTY CASH 07/01/2025 1,900.00 1,900.00 1,900.00 0.000 1 SYS/USBANK USB-CASH U. S. BANK 07/01/2025 21,488.93 21,488.93 21,488.93 0.000 1 SYSBAIL BAIL WELLS FARGO 07/01/2025 0.00 0.00 0.00 0.000 1 SYSDISCOVERY DISCOVERY WELLS FARGO 07/01/2025 147,397.08 147,397.08 147,397.08 0.000 1 SYSICS ICS WELLS FARGO 07/01/2025 22,129.52 22,129.52 22,129.52 0.000 1 SYSWORKING WORKING WORKING CASH 07/01/2025 1,595.00 1,595.00 1,595.00 0.000 1
0.00 207,836,407.56 211,763,288.39 3.784 208
Average Balance 1
Total Cash and Investments 211,405,796.35 211,741,648.53
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
(408)846-0218
City of Gilroy
Investments by Issuer
Active Investments
Sorted by Type
June 30, 2026
Market
Market Value Date
Redemption
Security Type Date
Current
Rate
Call
CUSIP Date Collateral Investment #
Investment
Class
YTM
365 Book Value
CHASE BANK
SYSUNDERCOV UNDERCOV 698.30 698.30 06/30/2026 1
698.30 698.30
Other Banks-Misc.Account-Petty Cash Fair
Subtotal and Average 1
CLASS 28,692,568.22
California Class
CLASS PRIME California Class 28,692,568.22 3.700 06/30/2026 3.700 1 28,692,568.22 28,692,568.22 3.700
Fair
Subtotal and Average 1
Federal Home Loan Bank Board
3130B8D25 USB-32 Federal Agency Non-Amortized Fair 12,850,000.00 3.755 12,826,227.50 06/30/2026 3.755 04/27/2027 300 07/27/2026 3130BA3N5 USB-38 Federal Agency Non-Amortized Fair 20,000,000.00 4.100 19,937,400.00 06/30/2026 4.101 03/16/2028 624 03/16/2027 Subtotal and Average 32,850,000.00 32,763,627.50 3.965 497 LAIF01 18,685,215.59
LAIF - City of Gilroy
SYSLAIF01 LAIF 18,685,215.59 3.810 06/30/2026 3.810 1
18,685,215.59 18,685,215.59 3.810
Fair
Subtotal and Average 1
9,209,522.46
LAIF - Industrial Dev. Auth.
SYSLAIF03 LAIF03 LAIF 9,209,522.46 3.810 06/30/2026 3.810 1 9,209,522.46 9,209,522.46 3.810
Fair
Subtotal and Average 1
LAIF LIBRARY
LAIF05 LAIF05 LAIF 6,051,057.58 3.810 6,051,057.58 06/30/2026 3.810 1 6,051,057.58 6,051,057.58 3.810
Fair
Subtotal and Average 1
MUFG 0.00
MUFG / UNION BANK
SYS/MUFG 0.00 1
0.00 0.00
Other Banks-Misc.Account-Petty Cash Fair
Subtotal and Average
Public Agency Retirement Servi
OPEB OPEB Section 115 Trust Held by PARS Fair 1,535,850.36 1,535,850.36 06/30/2026 1 PENSION PENSION Section 115 Trust Held by PARS Fair 5,925,653.99 5,925,653.99 06/30/2026 1
Market
Market Value Date
Redemption
Security Type Date
Current
Rate
Call
Date Collateral
City of Gilroy
Investments by Issuer
Sorted by Type
CUSIP Investment #
Investment
Class
YTM
365 Book Value
Subtotal and Average 7,461,504.35 7,461,504.35 1
PETTY CASH
SYSPETTY PETTY 1,900.00 1,900.00 06/30/2026 1
1,900.00 1,900.00
Other Banks-Misc.Account-Petty Cash Fair
Subtotal and Average 1
6,563,708.84 1
U. S. BANK
WASTEWATER BOND CONSTRUCTION Monies Held by Fiscal Agents Fair 6,563,708.84 06/30/2026 LEASE REV 2020A INT FUND Monies Held by Fiscal Agents Fair 142.70 142.70 06/30/2026 1 LEASE REV 2022A INTE FUND Monies Held by Fiscal Agents Fair 123.63 123.63 06/30/2026 1 LEASE REV 2020A PRIN FUND Monies Held by Fiscal Agents Fair 458.74 458.74 06/30/2026 1 LEASE REV 2022A PRINC FUND Monies Held by Fiscal Agents Fair 831.48 831.48 06/30/2026 1 WASTEWATER BOND PYMT FUND Monies Held by Fiscal Agents Fair 637.07 637.07 06/30/2026 1 CFD HWY 152 RESERVE FUND Monies Held by Fiscal Agents Fair 293,753.26 293,753.26 06/30/2026 1 LEASE REV 2020A REVENUE FUND Monies Held by Fiscal Agents Fair 2.84 2.84 06/30/2026 1 CFD HWY 152 SPECIAL TAX Monies Held by Fiscal Agents Fair 5,520.55 5,520.55 06/30/2026 1 SYS/USBANK USB-CASH Other Banks-Misc.Account-Petty Cash Fair 21,488.93 21,488.93 06/30/2026 1 Subtotal and Average 6,886,668.04 6,886,668.04 1
U. S. TREASURY NOTES
91282CLB5 USB-30 Treasury Notes Securities Fair 9,914,241.57 4.375 9,915,153.20 06/30/2026 3.833 07/31/2026 30 91282CLS8 USB-31 Treasury Notes Securities Fair 20,253,021.06 4.125 20,257,737.98 06/30/2026 4.019 10/31/2026 122 91282CMH1 USB-33 Treasury Notes Securities Fair 8,353,287.53 4.125 8,333,163.36 06/30/2026 3.586 01/31/2027 214 91282CLB5 USB-34 Treasury Notes Securities Fair 9,374,422.69 4.375 9,373,871.88 06/30/2026 3.650 07/31/2026 30 91282CMY4 USB-35 Treasury Notes Securities Fair 6,793,657.06 3.750 6,764,957.22 06/30/2026 3.552 04/30/2027 303 91282CNP2 USB-36 Treasury Notes Securities Fair 13,720,220.40 3.875 13,637,023.40 06/30/2026 3.566 07/31/2027 395 91282CMH1 USB-37 Treasury Notes Securities Fair 11,467,795.02 4.125 11,438,087.22 06/30/2026 3.561 01/31/2027 214 91282CAD3 USB-39 Treasury Notes Securities Fair 5,832,860.10 0.375 5,810,124.99 06/30/2026 3.781 07/31/2027 395 91282CFU0 USB-40 Treasury Notes Securities Fair 15,042,254.71 4.125 14,972,161.21 06/30/2026 3.806 10/31/2027 487 Subtotal and Average 100,751,760.14 100,502,280.46 3.740 242
WELLS FARGO
SYSWFB WELLS FARGO Wells Fargo Checking Fair 979,632.25 979,632.25 06/30/2026 1 SYSBAIL BAIL Other Banks-Misc.Account-Petty Cash Fair 0.00 0.00 1 SYSDISCOVERY DISCOVERY Other Banks-Misc.Account-Petty Cash Fair 147,397.08 147,397.08 06/30/2026 1 SYSICS ICS Other Banks-Misc.Account-Petty Cash Fair 22,129.52 22,129.52 06/30/2026 1
Market
Market Value Date
Redemption
Security Type Date
Current
Rate
Call
Date Collateral
City of Gilroy
Investments by Issuer
Sorted by Type
CUSIP Investment #
Investment
Class
YTM
365 Book Value
Subtotal and Average 1,149,158.85 1,149,158.85 1
WORKING 1,595.00
WORKING CASH
SYSWORKING 1,595.00 06/30/2026 1
1,595.00 1,595.00
Other Banks-Misc.Account-Petty Cash Fair
Subtotal and Average 1
Total and Average 211,741,648.53 211,405,796.35 3.507 192
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
(408)846-0218
City of Gilroy
Purchases Report
Sorted by Type - Type
April 1, 2026 - June 30, 2026
Original
Par Value
Ending
Book Value
Sec.
Type Type
Maturity
YTM
Accrued Interest
CUSIP Investment # Issuer Payment Periods at Purchase Date Purchase
Date
Principal
Purchased
Rate at
Purchase
NOT CALLABLE
91282CAD3 USB-39 NOT TRC USTN 6,049,000.00 04/30/2026 07/31 - 01/31 5,798,934.34 5,576.94 0.375 07/31/2027 3.781 5,832,860.10 91282CFU0 USB-40 NOT TRC USTN 14,981,000.00 04/30/2026 10/31 - 04/30 15,050,053.05 4.125 10/31/2027 3.806 15,042,254.71 Subtotal 21,030,000.00 20,848,987.39 5,576.94 20,875,114.81 Total Purchases 21,030,000.00 20,848,987.39 5,576.94 20,875,114.81
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
(408)846-0218
City of Gilroy
Maturity Report
Sorted by Maturity Date
Amounts due during April 1, 2026 - June 30, 2026
Rate
Par Value at Maturity
Sec.
Type Type
Maturity
Date
Maturity
Interest Proceeds Income
Net
CUSIP Investment # Issuer
Purchase
Date
Book Value
at Maturity
91282CBW0 USB-27 NOT TRC USTN 20,000,000.00 04/30/2026 01/31/2025 0.750 20,000,000.00 75,000.00 20,075,000.00 75,000.00 Total Maturities 20,000,000.00 20,000,000.00 75,000.00 20,075,000.00 75,000.00
DESCRIPTION Sep Dec Mar Jun % of Total
2025 2025 2026 2026 Jun
LAIF:
CITY OF GILROY 20,484,576 21,642,810 10,134,188 18,685,216 9.52% GILROY INDUSTRIAL DEV AGENCY 8,927,205 9,024,725 9,120,149 9,209,522 4.69% GILROY LIBRARY 2010 BOND 5,865,563 5,929,637 5,992,335 6,051,058 3.08% SUB TOTAL 35,277,345 36,597,172 25,246,672 33,945,796 17.30% CALIFORNIA CLASS 27,884,665 28,169,198 28,429,773 28,692,568 14.62% US GOVERNMENTAL AGENCIES:
FEDERAL AGENCY NON-AMORTIZED 21,250,000 24,100,000 32,850,000 32,850,000 16.74% TREASURY NOTES SECURITIES 89,208,746 87,519,113 99,897,477 100,751,760 51.34% SUB TOTAL 110,458,746 111,619,113 132,747,477 133,601,760 68.08% GRAND TOTAL (Book Value) 173,620,756 176,385,482 186,423,922 196,240,124 100.00% Quarterly Movement of Investments over the Last 4 Quarters
0 20,000,000
40,000,000
60,000,000
80,000,000
100,000,000
120,000,000
140,000,000
160,000,000
180,000,000
200,000,000
June
2024
September
2024
December
2024
March
2025
June
2025
September
2025
December
2025
March
2026
June
2026
City of Gilroy
Investments From:
June 30, 2024 to June 30, 2026
LAIF CALIFORNIA CLASS US GOVT. AGENCIES
LAIF, $34M, 16%
California Class, $29M, 13%
Federal Agency NonAmortized, $33M, 15%
Treasury Notes Securities,
$101M, 48%
Monies Held with Fiscal
Agents, $7M, 3%
OPEB - Sec 115 Trust,
$2M, 1%
Pension - Sec 115 Trust,
$6M, 3%
Cash or Equivalent, $1M, 1%
Book Value by Investment Type
As of June 30, 2026
Value of Portfolio: $211,741,649
LAIF, CA Class, Bank Checking
Accounts, $64M, 30%
Monies Held with Fiscal Agent,
$7M, 3%
Section 115 Trust Held by PARS,
Short Term (less than 1 year), $7M, 4%
$79M, 37%
Medium Term (1 to 5 years),
$55M, 26%
Value of Portfolio: $211,741,649
Portfolio By Maturity
As of June 30, 2026
0 1,000,000
2,000,000
3,000,000
4,000,000
5,000,000
6,000,000
7,000,000
8,000,000
9,000,000
15/16 16/17 17/18 18/19 19/20 20/21 21/22 22/23 23/24 24/25 25/26 Interest Earnings
Fiscal Years
City of Gilroy
Interest Earnings FY2016 - FY2026
6.4. City of Gilroy
STAFF REPORT
Agenda Item Title: Approve the Sixth Amendment to the Tree Pruning and Maintenance Services Agreement with West Coast Arborists, Inc.
Meeting Date: August 17, 2026
From: Matt Morley, City Administrator
Department: Public Works
Submitted by: John Doughty, Public Works Director
Prepared by: Bryan Rodriguez, Management Analyst Trainee STRATEGIC PLAN GOALS: Ensure Neighborhood Equity from City Services Maintain and Improve City Infrastructure
RECOMMENDATION
Approve the Sixth Amendment to the Tree Pruning and Maintenance Services Agreement with West Coast Arborists, Inc.; extending the agreement through December 31, 2026; increasing the contract's not-to-exceed amount by $233,429, from $2,097,350 to $2,330,779; and authorizing the City Administrator to execute the amendment.
EXECUTIVE SUMMARY
The City's agreement with West Coast Arborists, Inc. for tree pruning and maintenance services is scheduled to expire in August 2026. The proposed Sixth Amendment would provide a limited extension through December 31, 2026, preventing a lapse in routine maintenance and emergency response services while staff completes its evaluation of service requirements and develops a recommendation for a longer-term agreement.
The amendment would add $233,429 in contract authority and increase the total not-toexceed amount to $2,330,779. Sufficient funding is available in the Fiscal Year 2026-27 adopted operating budget; therefore, no additional appropriation is required.
6.4. BACKGROUND
The City maintains approximately 19,000 public trees in parks, along streets and medians, and at other public facilities. The tree maintenance program includes routine pruning, tree removal, stump grinding, emergency response, and related services necessary to maintain a safe and healthy urban forest. West Coast Arborists, Inc. also hosts the City's tree inventory database in its proprietary tree-management platform, ArborAccess.
West Coast Arborists, Inc. has provided these specialized services under the current agreement since 2021. The agreement is scheduled to expire in August 2026.
ANALYSIS
A limited extension with the current contractor is the most practical way to maintain service continuity through the end of the calendar year. West Coast Arborists, Inc. is already integrated into the City's routine maintenance and emergency response operations and hosts the City's tree inventory in ArborAccess. Allowing the agreement to expire before a successor arrangement is in place would create avoidable operational and transition risks.
The proposed amendment is limited to the period ending December 31, 2026. It would not authorize services beyond that date or commit the City to a longer-term agreement.
During the extension, staff will refine the scope of services, performance expectations, and operational requirements; evaluate opportunities to improve program efficiency and effectiveness; and complete discussions with the contractor.
West Coast Arborists, Inc. has consistently provided responsive and reliable service under the current agreement, including routine pruning, emergency response, and specialized arboricultural work. The proposed amendment provides a defined bridge period while preserving the City Council's ability to consider a separate longer-term recommendation before the extension expires. Staff is seeking the extension to maintain continuity in its established maintenance schedules, respond to tree-related emergencies, comply with applicable safety standards and maintain access to online database.
Based upon recently awarded public bids for similar services, the fee schedule is below or equal to the publicly bid marketplace in the Bay Area.
ALTERNATIVES
1. The City Council could decline to approve the Sixth Amendment. Unless another
6.4. service arrangement is established before the current agreement expires, this alternative would interrupt routine tree maintenance and emergency response services.
This alternative is not recommended.
2. The City Council could also direct staff to negotiate a different term, scope, or expenditure amount. That direction would delay execution of the amendment, require staff to adjust planned maintenance activities during the transition period and likely result in increased costs to the City. This alternative is not recommended.
FISCAL IMPACT/FUNDING SOURCE
Funding for tree pruning and maintenance services is included within the Fiscal Year 2026-27 adopted operating budget. The proposed amendment increases the contract's expenditure authority but does not increase the FY 2026-27 adopted budget; sufficient appropriation is currently available. The contract is funded through the General Fund (100) in Streets Maintenance Contractual Services (1005520-51630).
Contract Authority Amount
Current not-to-exceed amount $2,330,779
Proposed Sixth Amendment increase $233,429
Revised not-to-exceed amount $2,330,779
PUBLIC OUTREACH
N/A
NEXT STEPS
If the City Council approves the proposed amendment, the City Administrator will execute the Sixth Amendment to extend the agreement through December 31, 2026.
During the extension period, staff will continue discussions with West Coast Arborists to refine the scope of services, identify operational improvements, and finalize the terms of a longer-term agreement. If agreement cannot be reached, staff will proceed with open solicitation or "piggybacking" on a recently approved public bid which may or may not ultimately be with West Coast Arborists. Staff will return to the City Council with a recommendation for future contract consideration prior to the expiration of the extension.
Attachments:
6.4. 1. 6th Amendment - 21PW1044-6
2. Fifth Amendment to Tree Pruining and Maintenance Services Agreement
-1- 4845-8215-5540v1
MDOLINGER\04706083
SIXTH AMENDMENT TO TREE MAINTENANCE SERVICES CONTRACT
WHEREAS, the City of Gilroy, a municipal corporation (“City”), and West Coast Arborist, Inc. entered into that certain agreement entitled Tree Maintenance Services, effective on August 18, 2021, hereinafter referred to as “Original Agreement”; and
WHEREAS, City and West Coast Arborist have determined it is in their mutual interest to amend certain terms of the Original Agreement.
NOW, THEREFORE, FOR VALUABLE CONSIDERATION, THE PARTIES AGREE AS FOLLOWS:
1. Article 1 (Term of Agreement) of the Original Agreement shall be amended to read as follows:
“This Agreement will become effective on August 18, 2021 and will continue in effect through December 31, 2026, unless terminated in accordance with the provisions of Article 7 of this Agreement.
Any lapse in insurance coverage as required by Article 5, Section D of this Agreement shall terminate this Agreement regardless of any other provision stated herein.”
2. Article 1 (Term of Agreement) of the Original Agreement shall be amended to read as follows:
“In consideration for the services to be performed by CONTRACTOR, CITY agrees to pay CONTRACTOR the amounts set forth in Exhibit “D” (“Payment Schedule”). In no event however shall the total compensation paid to CONTRACTOR exceed $395,045 for year 1, $406,897 for year 2, $419, 104 for year 3, $431,677 for year 4, $513,627 for year 5, and $233,429 for the remainder of this Agreement.
3. This Amendment shall be effective on August 17, 2026.
4. Except as expressly modified herein, all of the provisions of the Original Agreement shall remain in full force and effect. In the case of any inconsistencies between the Original Agreement and this Amendment, the terms of this Amendment shall control.
5. This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as of the dates set forth besides their signatures below.
CITY OF GILROY WEST COAST ARBORIST, INC.
By: By:
[signature] [signature]
[employee name] [name]
[title/department] [title]
Date:
-2- 4845-8215-5540v1
MDOLINGER\04706083
Date:
Approved as to Form ATTEST:
City Attorney City Clerk
Docusign Envelope ID: 27ED5551- A708-40E9-AECB- 3E2194F3361A 1/ 28/ 2026
Docusign Envelope ID: 27ED5551- A708-40E9-AECB- 3E2194F3361A
1- 4845- 8215- 5540v1
MDOLINGER\ 04706083
FOURTH AMENDMENT TO AGREEMENT WITH WEST COAST ARBORISTS, INC. TO
PROVIDE CITY TREE MAINTENANCE SERVICES
This Fourth Amendment to the Agreement for Services (“ Fourth Amendment”) is made and entered into as of August 18, 2025 (“ Effective Date”), by and between the City of Gilroy, a California municipal corporation (“ CITY”), and West Coast Arborists, Inc. (“CONTRACTOR”).
WHEREAS, CITY and CONTRACTOR are parties to that certain Agreement for Services, effective on August 18, 2021, hereinafter referred to as “ Original Agreement”; and WHEREAS, CITY and CONTRACTOR have determined it is in their mutual interest to amend certain terms of the Original Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth below and for other valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereto agree as follows:
1. Article 1 (Term of Agreement) of the Original Agreement shall be amended to read as follows:
This Agreement will become effective on August 18, 2021 and will continue in effect through August 18, 2026, unless terminated in accordance with the provisions of Article 7 of this Agreement.
Any lapse in insurance coverage as required by Article 5, Section D of this Agreement shall terminate this Agreement regardless of any other provision stated herein.”
2. This Amendment shall be effective on August 18, 2025.
3. Except as expressly modified herein, all of the provisions of the Original Agreement shall remain in full force and effect. In the case of any inconsistencies between the Original Agreement and this Amendment, the terms of this Amendment shall control.
4. This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as of the dates set forth besides their signatures below.
CONTRACTOR:
WEST COAST ARBORISTS, INC.
CITY:
CITY OF GILROY
By: By:
signature] [ signature]
Patrick Mahoney Brad Kilger
employee name] [ name]
President Interim City Administrator
title/department] [ title]
Date: Date:
Docusign Envelope ID: 27ED5551- A708-40E9-AECB- 3E2194F3361A
2- 4845- 8215- 5540v1
MDOLINGER\ 04706083
Approved as to Form: Attest:
City Attorney City Clerk
Docusign Envelope ID: 27ED5551- A708-40E9-AECB- 3E2194F3361A
Docusign Envelope ID: 32049FD1- A998-4E3A- 839D-EDAE37F1CD63 7/ 17/ 2024
Docusign Envelope ID: 27ED5551- A708-40E9-AECB- 3E2194F3361A
Docusign EDAE37F1CD63Docusign Envelope Envelope ID: ID: 32049FD1- 27ED5551- A998-704E3A-0E9AECB- 839D- 3E2194F3361A
DocuSign Envelope ID: A7DE3697- 07AC-44A5- 8875-D0E86494E844 9/ 8/ 2023
Docusign Envelope ID: 27ED5551- A708-40E9-AECB- 3E2194F3361A
DocuSign D0E86494E844Docusign Envelope Envelope ID: ID: 27ED5551- A7DE3697-A708- 07AC-40E9- 44A5-AECB- 8875 3E2194F3361A
DocuSign Envelope ID: 7E792FB8- 156D-4F32-A9D4-5B00F9857E98 8/ 12/ 2022
Docusign Envelope ID: 27ED5551- A708-40E9-AECB- 3E2194F3361A
2- 4845- 8215- 5540v1
MDOLINGER\ 04706083
Approved as to Form: Attest:
City Attorney City Clerk
DocuSign 5B00F9857E98Docusign Envelope Envelope ID: ID: 27ED5551- 7E792FB8-A708- 156D-40E9- 4F32-AECB- A9D4 3E2194F3361A
DocuSign 50055F2F0B11Docusign Envelope Envelope ID: ID: 27ED5551- 744D36BE-A708- 9A3B-40E9- 4D2B-AECB- 9B2D-3E2194F3361A
DocuSign 50055F2F0B11Docusign Envelope Envelope ID: ID: 27ED5551- 744D36BE-A708- 9A3B-40E9- 4D2B-AECB- 9B2D-3E2194F3361A
DocuSign 50055F2F0B11Docusign Envelope Envelope ID: ID: 27ED5551- 744D36BE-A708- 9A3B-40E9- 4D2B-AECB- 9B2D-3E2194F3361A
DocuSign 50055F2F0B11Docusign Envelope Envelope ID: ID: 27ED5551- 744D36BE-A708- 9A3B-40E9- 4D2B-AECB- 9B2D-3E2194F3361A
DocuSign 50055F2F0B11Docusign Envelope Envelope ID: ID: 27ED5551- 744D36BE-A708- 9A3B-40E9- 4D2B-AECB- 9B2D-3E2194F3361A
DocuSign 50055F2F0B11Docusign Envelope Envelope ID: ID: 27ED5551- 744D36BE-A708- 9A3B-40E9- 4D2B-AECB- 9B2D-3E2194F3361A
DocuSign 50055F2F0B11Docusign Envelope Envelope ID: ID: 27ED5551- 744D36BE-A708- 9A3B-40E9- 4D2B-AECB- 9B2D-3E2194F3361A
DocuSign 50055F2F0B11Docusign Envelope Envelope ID: ID: 27ED5551- 744D36BE-A708- 9A3B-40E9- 4D2B-AECB- 9B2D-3E2194F3361A
DocuSign 50055F2F0B11Docusign Envelope Envelope ID: ID: 27ED5551- 744D36BE-A708- 9A3B-40E9- 4D2B-AECB- 9B2D-3E2194F3361A
DocuSign 50055F2F0B11Docusign Envelope Envelope ID: ID: 27ED5551- 744D36BE-A708- 9A3B-40E9- 4D2B-AECB- 9B2D-3E2194F3361A
DocuSign 50055F2F0B11Docusign Envelope Envelope ID: ID: 27ED5551- 744D36BE-A708- 9A3B-40E9- 4D2B-AECB- 9B2D-3E2194F3361A
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6.5. City of Gilroy
STAFF REPORT
Agenda Item Title: Claim of Helen Rodriguez (The City Administrator recommends a "yes" vote under the Consent Calendar shall constitute denial of the claim)
Meeting Date: August 17, 2026
From: Matt Morley, City Administrator
Department: Human Resources/Risk Management
Submitted by: Michael Horta, Human Resources Director/Risk Manager.
Prepared by: Michael Horta, Human Resources Director/Risk Manager.
STRATEGIC PLAN GOALS: Not Applicable
RECOMMENDATION
Based on the recommendation from the Municipal Pooling Authority (MPA) and/or legal counsel, this claim is recommended for rejection.
EXECUTIVE SUMMARY
Based on the recommendation from the Municipal Pooling Authority (MPA) and/or legal counsel, the following claim is submitted to the City Council for rejection at the August 17, 2026 meeting:
• Claim of Helen Rodriguez
BACKGROUND
n/a
ANALYSIS
n/a
6.5. ALTERNATIVES
n/a
FISCAL IMPACT/FUNDING SOURCE
n/a
PUBLIC OUTREACH
n/a
NEXT STEPS
n/a
Attachments:
1. Claim of Helen Rodriguez
7.1. City of Gilroy
STAFF REPORT
Agenda Item Title: Adopt a Resolution Approving the Plans and Specifications for the Precast Concrete Fence Replacement Project,
Amending the FY2026-27 Capital Improvement Program to
include the Project, Awarding a Construction Contract to Silicon Valley Paving, Inc. for an Amount Not to Exceed $415,000 with a Total Construction Cost Including
Contingency of $456,500, and Amending the FY2026-27
Capital Improvement Program Budget by Appropriating
$456,500 of Community Facility District (CFD) Funds to the Project
Meeting Date: August 17, 2026
From: Matt Morley, City Administrator
Department: Public Works
Submitted by: John Doughty, Public Works Director
Prepared by: Ryan Osenton, Project Manager
STRATEGIC PLAN GOALS: Maintain and Improve City Infrastructure
RECOMMENDATION
Adopt a Resolution:
1. Approving the plans and specifications for the Precast Concrete Fence Replacement Project;
2. Amending the FY2026-27 Capital Improvement Program to include the Project (Project No. 801240);
3. Awarding a construction contract to Silicon Valley Paving, Inc. for an amount not to exceed $415,000 for the Precast Concrete Fence Replacement Project;
4. Establishing a construction contingency of $41,500 for a total construction contract amount of $456,500;
5. Authorizing the City Administrator to execute the construction contract;
6. Authorizing staff to approve any amendments, extensions, and change orders until completion of the project in accordance with the plans and specifications up
7.1. to the project construction amount; and
7. Amending the FY2026-27 Capital Improvement Program Budget by appropriating $456,500 of Community Facility District (CFD) funds to the Project.
EXECUTIVE SUMMARY
The City of Gilroy is responsible for maintaining the concrete fence surrounding many trails throughout Gilroy’s park system. This repair project is targeted at replacing approximately 2,700 linear feet of damaged precast concrete fencing at Hecker Pass Park, located near the intersection of 3rd St and Rosemary Dr. The fencing was contractor installed in 2013 as part of the Community Facilities District (CFD) funded public improvements along 3rd Street.
The fencing is showing extensive spalling and failure. Community members have noted the condition of the fencing and requested replacement. The fencing failure is premature and prior to seeking bids, staff evaluated conditions and sought to understand why the fencing is failing. Staff believe the premature failure is most likely related to two factors: 1) original material issues; and 2) water infiltration from weather and irrigation overspray. Staff has specified a fence standard which includes coated steel, and a sealer mixed in the concrete itself (neither included in the existing fence).
With the recommended specifications, staff expects an approximate 40-year lifespan on the replacement fencing.
The project was released for construction bids in May 2026. Bids were received from four contractors on June 11, 2026, and Silicon Valley Paving, Inc. was determined to be the lowest responsive and responsible bidder with a total base bid of $415,000.
BACKGROUND
The City of Gilroy is responsible for repairing contractor installed precast concrete fencing along the pedestrian trail at Hecker Pass Park, which was installed around 2013. A map of the repair locations is provided with Attachment 1. The fencing in this area has deteriorated at a faster rate than in other areas of the City, which staff believe is due principally to original design issues with rainwater infiltration and irrigation overspray being contributing factors. The original fence did not contain a sealer within the concrete mix, which would have prevented the material from failing if damaged or exposed to moisture (rain, fog and irrigation notably). In addition, the steel rebar was not coated to further protect against moisture.
Staff had investigated utilizing a warranty claim on the original fencing. The fence was found to be outside its coverage period.
Staff have since adjusted the spray pattern for the sprinkler systems to reduce the
7.1. overspray in the area of fence damage. The adjustment lessens the potential for damage to the newly replaced fencing.
ANALYSIS
In May 2026, the City developed and released Plans and Specifications for a project to include removal of the existing damaged fence, and disposal, procurement, and installation of approximately 2,700 linear feet of precast concrete fencing. Bids were received from four contractors on June 11, 2026, as follows.
Contractor Name Bid Proposal Amount
Silicon Valley Paving $415,000
American Precast Concrete $460,987
Mission Constructors $591,637
BNO Builders $1,000,080
Based upon an evaluation of bid documents received, Silicon Valley Paving, Inc. was determined to be the lowest responsible and responsive bidder with a total bid of $415,000. The proposed construction contract with Silicon Valley Paving is for a Not to Exceed amount of $415,000. In addition, a construction contract contingency of 10%, or $41,500, is required for expenses from unforeseen issues that may arise during construction.
The procurement of replacement materials is expected to take 6 to 8 weeks which will occur upon contract execution. Per the Specifications, the Contractor has 45-working days following the Notice to Proceed to complete the project. The lead time for material requires a no-cost change order to extend the working window to 85-working days to account for the additional 40 days for materials to arrive. Given the extended procurement window, the project is expected to finish early winter.
The project was not included in the FY27 Capital Budget. The capital improvement project, Precast Concrete Fence Replacement Project, is proposed to be added to the Five-Year Capital Improvement Program and added to the FY27 Capital Budget, funded through the Community Facilities District Fund (Fund 260).
ALTERNATIVES
The City Council could choose not to award the construction contract to Silicon Valley Paving and reject all bids. This action would result in the need to re-advertise the project and leave fencing "as-is". Staff does not recommend this option, as it would delay repair of the fence and is not expected to result in lower bid prices.
7.1. FISCAL IMPACT/FUNDING SOURCE
The proposed construction contract with Silicon Valley Paving is for a not to exceed amount of $415,000. Including a construction contract contingency of $41,500, the total construction amount would be $456,500.
Staff is proposing an appropriation of $456,500 from the Community Facilities District Fund (Fund 260) to the project to fund the construction contract with Silicon Valley Paving. Sufficient funds are available in Fund 260.
PUBLIC OUTREACH
N/A
NEXT STEPS
Upon City Council approval, the contract will be executed, and staff will coordinate with the contractor to initiate order of materials and complete work.
Attachments:
1. Bid Package - Plans and Specifications (26-PW-309)
2. Resolution
i
CITY OF GILROY
PUBLIC WORKS DEPARTMENT
PRECAST CONCRETE FENCE REPLACEMENT PROJECT
NO. 26-PW-309
TABLE OF CONTENTS
SECTION 00020.............................................................................................................................1 NOTICE TO PROSPECTIVE BIDDERS....................................................................................1 SECTION 00100.............................................................................................................................3 INSTRUCTIONS TO BIDDERS ..................................................................................................3
1.0 WORK TO BE DONE............................................................................................................................................... 3
2.0 EXAMINATION OF CONTRACT DOCUMENTS ...................................................................................................... 3
3.0 INSPECTION OF SITE............................................................................................................................................ 3
4.0 INTERPRETATION OF CONTRACT DOCUMENTS................................................................................................ 4
5.0 POSTPONEMENT OF OPENING............................................................................................................................ 4
6.0 OPENING OF BIDS................................................................................................................................................. 4
7.0 PREPARATION OF BID FORMS............................................................................................................................. 4
8.0 BIDDER’S SIGNATURE AND AUTHORITY............................................................................................................. 5
9.0 ERASURES AND CORRECTIONS.......................................................................................................................... 5
10.0 BID IRREGULARITIES ............................................................................................................................................ 5
11.0 MODIFICATION OF BID.......................................................................................................................................... 5
12.0 WITHDRAWAL OF BIDS ......................................................................................................................................... 6
13.0 ADDENDA............................................................................................................................................................... 6
14.0 BID PRICES............................................................................................................................................................ 6
15.0 BID GUARANTY...................................................................................................................................................... 6
16.0 QUALIFICATION OF BIDDER ................................................................................................................................. 7
17.0 SUBCONTRACTORS.............................................................................................................................................. 7
18.0 MAJOR EQUIPMENT ITEMS................................................................................................................................... 8
19.0 SUBSTITUTIONS DURING BIDDING...................................................................................................................... 8
20.0 BIDDERS INTERESTED IN MORE THAN ONE BID................................................................................................ 8
21.0 SHEETING, SHORING AND BRACING................................................................................................................... 9
22.0 WAGE RATES......................................................................................................................................................... 9
23.0 WAGE THEFT PREVENTION ................................................................................................................................. 9
24.0 OFFER OF ASSIGNMENT OF ANTITRUST ACTIONS.......................................................................................... 10
25.0 ASSIGNMENT OF CONTRACT............................................................................................................................. 11
26.0 REJECTION OF BIDS ........................................................................................................................................... 11
27.0 CONTRACT, BONDS, AND INSURANCE CERTIFICATES ................................................................................... 11
28.0 AWARD OF CONTRACT....................................................................................................................................... 12
29.0 EXECUTION OF CONTRACT ................................................................................................................................12
30.0 CONSTRUCTION DOCUMENTS .......................................................................................................................... 13
31.0 CONTRACTOR AND SUBCONTRACTOR REGISTRATION REQUIREMENTS .................................................... 13 SECTION 00300...........................................................................................................................17 BID.................................................................................................................................................17 SECTION 00310...........................................................................................................................19 BID SCHEDULE..........................................................................................................................19 SECTION 00410.......................................................................................................................... 20 BID GUARANTY BOND............................................................................................................ 20
ii
SECTION 00420.......................................................................................................................... 21 CERTIFICATION OF BIDDER’S EXPERIENCE AND QUALIFICATIONS.................... 21 SECTION 00425.......................................................................................................................... 23 PROPOSED BOND PROVIDER............................................................................................... 23 SECTION 00430.......................................................................................................................... 24 PROPOSED SUBCONTRACTORS.......................................................................................... 24 SECTION 00480.......................................................................................................................... 26 NON-COLLUSION AFFIDAVIT.............................................................................................. 26 SECTION 00500.......................................................................................................................... 27 AGREEMENT............................................................................................................................. 27 SECTION 00610.......................................................................................................................... 31 FAITHFUL PERFORMANCE BOND...................................................................................... 31 SECTION 00620.......................................................................................................................... 33 PAYMENT BOND ...................................................................................................................... 33 SECTION 00630.......................................................................................................................... 35 CERTIFICATE OF INSURANCE ............................................................................................ 35 SECTION 00650.......................................................................................................................... 40 WORKERS’ COMPENSATION INSURANCE CERTIFICATE.......................................... 40 SECTION 00670.......................................................................................................................... 41 NOTICE OF NONDISCRIMINATION IN EMPLOYMENT ................................................ 41 SECTION 00700.......................................................................................................................... 42 GENERAL CONDITIONS......................................................................................................... 42
1.0 GENERAL ............................................................................................................................................................. 42
2.0 ADMINISTRATION ................................................................................................................................................ 44
3.0 CITY...................................................................................................................................................................... 47
4.0 CONTRACTOR ..................................................................................................................................................... 49
5.0 CONTROL OF WORK AND MATERIALS .............................................................................................................. 59
6.0 PROGRESS OF THE WORK................................................................................................................................. 63
7.0 SCOPE OF WORK - CHANGES IN THE WORK.................................................................................................... 69
8.0 PAYMENT............................................................................................................................................................. 73
9.0 EXISTING UTILITIES ............................................................................................................................................ 79 SECTION 00800.......................................................................................................................... 82 MODIFICATIONS TO GENERAL CONDITIONS................................................................ 82 SECTION 00810.......................................................................................................................... 83 LIABILITY AND INSURANCE REQUIREMENTS .............................................................. 83
1.0 INDEMNIFICATION............................................................................................................................................... 83
2.0 INSURANCE REQUIREMENTS ............................................................................................................................ 84 SECTION 01010.......................................................................................................................... 88
iii
SUMMARY OF WORK ............................................................................................................. 88
1.0 WORK COVERED BY CONTRACT....................................................................................................................... 88
2.0 WORK SEQUENCE AND CONSTRAINTS ............................................................................................................ 88
3.0 OCCUPANCY REQUIREMENTS........................................................................................................................... 88
4.0 CITY FURNISHED MATERIALS............................................................................................................................ 88
5.0 TRENCH EXCAVATION........................................................................................................................................ 89
6.0 WORK UNDER OTHER CONTRACTS.................................................................................................................. 89
7.0 CONTRACTOR'S WORK PERCENTAGE ............................................................................................................. 89
8.0 UNDERGROUND FACILITIES............................................................................................................................... 89 SECTION 01025.......................................................................................................................... 90 MEASUREMENT AND PAYMENT ........................................................................................ 90
1.0 MEASUREMENT OF QUANTITIES ....................................................................................................................... 90
2.0 DESCRIPTION OF BID ITEMS.............................................................................................................................. 91 SECTION 01035.......................................................................................................................... 94 MODIFICATION PROCEDURES ........................................................................................... 94
1.0 CHANGES IN CONTRACT PRICE ........................................................................................................................ 94
2.0 NEGOTIATED CHANGE ORDERS ....................................................................................................................... 95
3.0 FORCE ACCOUNT PAYMENT.............................................................................................................................. 96
4.0 UNIT PRICE ADJUSTMENTS DUE TO INCREASED OR DECREASED QUANTITIES ......................................... 99
5.0 TIME EXTENSIONS FOR CHANGE ORDERS...................................................................................................... 99 SECTION 01060.........................................................................................................................100 REGULATORY REQUIREMENTS........................................................................................100
1.0 APPLICABLE CODES..........................................................................................................................................100
2.0 PERMITS, FEES AND LICENSES........................................................................................................................100 SECTION 01090.........................................................................................................................101 REFERENCES...........................................................................................................................101
1.0 DEFINITIONS.......................................................................................................................................................101
2.0 ABBREVIATIONS.................................................................................................................................................106 SECTION 01200........................................................................................................................ 109 PROJECT MEETINGS............................................................................................................ 109
1.0 PRE-CONSTRUCTION CONFERENCE .............................................................................................................. 109
2.0 PROGRESS MEETINGS..................................................................................................................................... 109
3.0 CONFERENCES ................................................................................................................................................. 110 SECTION 01300.........................................................................................................................111 SUBMITTALS............................................................................................................................111
1.0 SUBMITTALS.......................................................................................................................................................111
2.0 MATERIALS LIST.................................................................................................................................................111 SECTION 01310.........................................................................................................................113 PROJECT SCHEDULE ............................................................................................................113
1.0 GENERAL ............................................................................................................................................................113
2.0 UPDATES ............................................................................................................................................................114
3.0 TIME IMPACT ANALYSIS ....................................................................................................................................114 SECTION 01340.........................................................................................................................116 SHOP DRAWINGS, PRODUCT DATA, AND SAMPLES....................................................116
1.0 CONTRACTOR'S RESPONSIBILITIES.................................................................................................................116
2.0 TRANSMITTAL PROCEDURES ...........................................................................................................................116
3.0 REVIEW PROCEDURE....................................................................................................................................... 118
4.0 EFFECT OF REVIEW OF CONTRACTOR'S SUBMITTALS................................................................................. 119
iv
SECTION 01400.........................................................................................................................120 QUALITY CONTROL..............................................................................................................120
1.0 QUALITY CONTROL............................................................................................................................................120
2.0 INSPECTION........................................................................................................................................................120
3.0 SAMPLES AND TESTS........................................................................................................................................121 SECTION 01500.........................................................................................................................123 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS..................................123
1.0 GENERAL ............................................................................................................................................................123
2.0 TEMPORARY UTILITIES......................................................................................................................................123
3.0 CONSTRUCTION FACILITIES .............................................................................................................................124
4.0 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS................................................................124
5.0 PROJECT SECURITY..........................................................................................................................................125
6.0 ACCESS ROADS .................................................................................................................................................126
7.0 SPECIAL CONTROLS..........................................................................................................................................126
8.0 TRAFFIC REGULATION...................................................................................................................................... 128
9.0 PROJECT SIGN ...................................................................................................................................................130
10.0 PROJECT OFFICE...............................................................................................................................................130
11.0 PUBLIC NOTIFICATION.......................................................................................................................................130 SECTION 01600.........................................................................................................................131 MATERIAL AND EQUIPMENT.............................................................................................131
1.0 STORAGE OF MATERIALS .................................................................................................................................131
2.0 HAZARDOUS MATERIALS ..................................................................................................................................131
3.0 MATERIAL AND EQUIPMENT SUBSTITUTIONS.................................................................................................131 SECTION 01700.........................................................................................................................135 CONTRACT CLOSEOUT........................................................................................................135
1.0 OPERATION AND MAINTENANCE......................................................................................................................135
2.0 EQUIPMENT START-UP......................................................................................................................................135
3.0 FINAL CLEANING ................................................................................................................................................136
4.0 WARRANTY.........................................................................................................................................................136 TECHNICAL SPECIFICATIONS...........................................................................................140 SECTION 700.............................................................................................................................141 GENERAL..................................................................................................................................141 SECTION 701.............................................................................................................................157 MOBILIZATION.......................................................................................................................157 SECTION 702............................................................................................................................ 158 TRAFFIC CONTROL, PARKING RESTRICTIONS AND SIGNAGE.............................. 158 SECTION 703.............................................................................................................................165 EROSION AND SEDIMENT CONTROL...............................................................................165 SECTION 704............................................................................................................................ 169 PRECAST CONCRETE FENCE SPECIFICATIONS ......................................................... 169 704-01 PRECAST CONCRETE FENCE SPECIFICATIONS............................................................................................ 169 APPENDIX A ............................................................................................................................ 172 Woodcrete Split Ranch Rails – 4 Rails Material SPECIFICATION……………………..173
v
APPENDIX B ............................................................................................................................ 174 PRECAST CONCRETE FENCE REPLACEMENT, TEMPORARY FENCE, AND SIGNAGE LOCATIONS 175 APPENDIX C ............................................................................................................................ 179 TEMPORARY NO PARKING GUIDELINES .................................................................................... 180
Precast Concrete Fence Replacement Project
No. 26-PW-309
SECTION 00020-1
SECTION 00020
NOTICE TO PROSPECTIVE BIDDERS
Notice is hereby given that SEALED BIDS will be received by the Purchasing Coordinator in person at the City of Gilroy Council Chambers, 7351 Rosanna Street, Gilroy, CA 95020, at 2:00 PM, on Thursday, June 11, 2026, for the Precast Concrete Fence Replacement Project No. 26-PW-309. Bids will be publicly opened and read at 2:00 PM.
The work includes the furnishing of all labor, materials, incidentals, equipment, and services necessary for the removal and replacement of approximately 2,700 Linear Feet of precast concrete fencing at Hecker Pass Park, located at the intersection of 3rd St and Rosemary Dr., identified by the City in the Appendices. An electronic copy of the bid documents can be obtained from the City of Gilroy Website at:
https://www.cityofgilroy.org/Bids.aspx.
Bids delivered before June 11, 2026 at 2:00 PM must be delivered to the City Hall Information Desk at the northeast entrance of City Hall. City Hall is currently open Monday through Thursday from 8:30 AM to 4:30 PM, and Fridays by appointment only.
Bids received after the stated time and date will not be accepted. The City of Gilroy will not be responsible for delayed deliveries or deliveries made to another location other than the location specified above. Bids should be in a sealed envelope plainly marked with the project title, project number, bidder’s name, and time and date of the bid opening.
All prospective parties shall check the City’s website for any addendums.
Pursuant to Section 1770, et. seq., of the California Labor Code, the successful bidder shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations.
Bidding procedures are prescribed in the Project Manual. Bids shall be executed upon the forms bound and made a part of said Manual. Bid guaranty in an amount not less than ten percent (10%) of the total bid dollar amount conforming to the prescribed bidding procedures is required to be submitted with each bid, as a guaranty to be forfeited should the bidder, if awarded the contract, fail to enter into the same, or fails to furnish in a timely manner the bonds and/or proof of insurance.
Pursuant to Public Contract Code Section 22300, for monies earned by the Contractor and withheld by the City of Gilroy to ensure the performance of the Contract, the Contractor may, at its option, choose to substitute securities meeting the requirements of said Public Contract Code Section 22300.
Precast Concrete Fence Replacement Project
No. 26-PW-309 SECTION 00100-3
SECTION 00100
INSTRUCTIONS TO BIDDERS
1.0 WORK TO BE DONE
It is the intention of the City to construct improvements as shown and set forth on the plans, profiles, and detailed drawings, and in the specific location shown on the drawings. All of the work is particularly set forth in the plans and specifications, and all of said work, together with all other work incidental thereto, is included.
Furnishing all labor, materials, equipment, and performing all work necessary and incidental to the construction of the project known as Precast Concrete Fence Replacement Project No. 26-PW-309, according to the project plans and as described in these specifications and according to Contract Documents. The project includes the removal and replacement of approximately 2,700 Linear Feet of precast concrete fencing at Hecker Pass Park, as outlined in the project plans, specifications, and Contract Documents.
2.0 EXAMINATION OF CONTRACT DOCUMENTS
Each bidder shall thoroughly examine and be familiar with those Contract Documents contained in the Project Manual, drawings, and addenda (if any). The submission of a bid shall constitute as acknowledgment upon which the City may rely that the bidder has thoroughly examined and is familiar with the Contract Documents. The failure or neglect of a bidder to receive or examine any of the Contract Documents shall in no way relieve it from any obligation with respect to its proposal or to the Contract. No claim for additional compensation will be allowed which is based upon a lack of knowledge of any Contract Documents.
3.0 INSPECTION OF SITE
Bidders are required to inspect the site of the work to satisfy themselves by personal examination or by such other means as they may prefer, of the location of the proposed work, and of the actual conditions, including subsurface, of and at the site of work. If, during the course of its examination, a bidder finds facts or conditions which appear to be in conflict with the letter or spirit of the bidding documents, the Bidder may apply to the City, in writing, for additional information and explanation before submitting its bid.
Submission of a bid by the bidder shall constitute conclusive evidence that, if awarded the Contract, it has relied and is relying on its own examination of (1) the site of the work, (2) access to the site, (3) all other data and matters requisite to the fulfillment of the work and on its own knowledge of existing facilities on and in the vicinity of the site of the work to be constructed under the Contract, (4) the conditions to be encountered, (5) the character, quality and scope of the proposed work, (6) the quality and quantity of the materials to be furnished, and (7) the
Precast Concrete Fence Replacement Project
No. 26-PW-309 SECTION 00100-4
requirements of the bid, the plans, the specifications, and the other Contract Documents.
4.0 INTERPRETATION OF CONTRACT DOCUMENTS
No oral representations or interpretations will be made to any bidder as to the meaning of the Contract Documents. Requests for an interpretation shall be made via email by June 11, 2026, at 2:00 pm to:
Ryan Osenton
[email protected]
Requests to clarify the source of materials, equipment, suppliers or any other such matter which does not modify, change, increase, or decrease the scope of work requires no action by the City other than a response to the bidder requesting the clarification. Requests to clarify possible ambiguous or incomplete statements or designs, or any other such clarification which modifies, changes, increases or decreases the scope of work, requires issuance of an addendum by the City for the interpretation to become effective.
5.0 POSTPONEMENT OF OPENING
The City reserves the right to postpone the date and time for receiving and/or opening of bids at any time prior to the date and time established in the Notice to Prospective Bidders Postponement notices shall be mailed to plan holders of record in the form of addenda.
6.0 OPENING OF BIDS
All bids, irrespective of any irregularities or informalities, if received on time, will be opened, and publicly read aloud at the time and place set forth in the Notice to Prospective Bidders. Bidders, their representatives, and other interested persons may be present at the opening and reading of bids.
Any bids received after the time for receiving and opening bids as set forth in the Invitation to Bid or as postponed by addenda will be considered non-responsive and will not be opened. Any such bids will be returned unopened to the Bidder.
The public reading of each bid will include at least the following:
A. Name and address of bidders.
B. The total amount of bid.
C. The nature and amount of the security furnished with the bid.
7.0 PREPARATION OF BID FORMS
Bids shall be made on the blank forms in this manual and must be submitted at the time and place stated in the Notice to Prospective Bidders. All blanks in the bid
Precast Concrete Fence Replacement Project
No. 26-PW-309 SECTION 00100-5
forms must be appropriately filled in, either in ink or typed, and all prices must be stated in figures. All bids must be submitted in sealed envelopes bearing on the outside the name of the bidder, its address, and the name of the project for which the bid is submitted. It is the sole responsibility of the bidder to see that its bid is received in proper time. Any bid received after the scheduled closing time for receipt of bids will be returned to the bidder unopened. City shall not be responsible for errors or omissions in the bid. Bidders shall write their names on each bid form at the space provided.
8.0 BIDDER’S SIGNATURE AND AUTHORITY
If the bid is made by an individual, his/her name, signature, and post office address must be shown; if made by a firm or partnership, the name and post office address of the firm or partnership, a list of the partners, and the signature of at least one of the general partners must be shown; if made by a corporation, the bid shall show the name of the state under the laws of which the corporation is chartered, the name and post office address of the corporation, and the title of the person who signs on behalf of the corporation. If the corporation makes the bid, a certified copy of the bylaws or resolution of the Board of Directors of the corporation shall be furnished showing the authority of the officer signing the bid to execute Contracts on behalf of the corporation. If the bid is made by a joint venture, a representative of one of the joint venture firms shall sign the bid. Additionally, the bid shall include a copy of the resolution or agreement empowering the representative to execute the bid and bind the joint venture.
9.0 ERASURES AND CORRECTIONS
The bid submitted must not contain any erasure, interlineation, or other corrections unless each such correction is suitably authenticated by affixing in the margin immediately opposite the correction the signature or signatures of the person or persons submitting the bid.
10.0 BID IRREGULARITIES
Changes in or additions to the bid form, recapitulations of the work bid upon, alternative bids, or any other modifications of the bid form which are not specifically called for in the Contract Documents may result in rejection of the bid by the City, as not being responsive to the Notice to Prospective Bidders. No oral or telephonic modification of any bid submitted will be considered.
11.0 MODIFICATION OF BID
On written request filed with the City, a bid already received may be modified or withdrawn at any time prior to the time established for receiving bids. The request must be executed by the bidder or its authorized representative as described in Paragraph 00100-8.0, BIDDER’S SIGNATURE AND AUTHORITY. Modifications
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shall be made in writing, executed, and submitted in the same form and manner as the original bid. Withdrawal of a bid does not prejudice a bidder’s right to submit a new bid within the time designated for the submission of bids. No bid may be withdrawn after the time established for receiving bids except as provided in Paragraph 00100-12.0, WITHDRAWAL OF BIDS.
12.0 WITHDRAWAL OF BIDS
In accordance with Public Contract Code 5103, within five calendar days after the opening of bids, a bidder may withdraw its bid providing the bidder can establish to the City’s satisfaction that a mistake was made in preparing the bid. A bidder desiring to withdraw shall give written notice to the City, specifying, in detail, how the mistake occurred and how the mistake made the bid materially different than it was intended to be. Withdrawal will not be permitted for mistakes resulting from errors in judgment or carelessness in inspecting the site of the work or in reading the Contract Documents.
13.0 ADDENDA
Addenda issued during the time of bidding shall become a part of the documents furnished bidders for the preparation of bids, shall be covered in the bids, and shall be made a part of the Contract. Each bid shall include specific acknowledgement in the space provided of receipt of all Addenda issued during the bidding period.
Failure to so acknowledge may result in the bid being rejected as not responsive.
Failure of any bidder to receive such Addenda shall not be grounds for noncompliance with the terms of the instructions.
14.0 BID PRICES
Bid prices shall include everything necessary for the completion of the work including but not limited to providing the materials, equipment, tools, and management, superintendence, labor, and services. Bid prices shall include allowance for all federal, state, and local taxes.
In the event of a difference between a price quoted in words and a price quoted in figures for the same quotation, the words shall be the amount bid. In the event that the product of a unit price and an estimated quantity does not equal the extended amount quoted, the unit price shall govern, and the correct product of the unit price and the estimated quantity shall be deemed to be the amount bid. If the sum of two or more items in a bidding schedule does not equal the total amount quoted, the individual item amounts shall govern and the correct total shall be deemed to be the amount bid.
15.0 BID GUARANTY
The bid form shall be accompanied by a bid guaranty bond provided by a surety company authorized to carry on business in the State of California with a minimum
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“A-:VII” rating with Best’s Rating Guide for payment to the City in the sum of at least ten (10) percent of the total amount of the bid price, or, alternatively, by a certified or cashier’s check, payable to the City in the sum of at least ten (10) percent of the total amount of the bid price. The bid guaranty bond shall be provided on the form included in Section 00410, BID GUARANTY BOND, of this Project Document. The amount payable to the City under the bid guaranty bond, or the certified or cashier’s check and the amount thereof, as the case may be, shall be forfeited to the City as liquidated damages in case of a failure or neglect of the bidder to furnish, execute, and deliver to the City the required performance and payment bonds, evidences of insurance; and to enter into, execute, and deliver to the City the Agreement on the form provided herewith, within ten (10) calendar days after receiving written notice from the City that the award has been made and the Agreement is ready for execution.
The bid guarantees of the three lowest bidders will be retained until the Agreement is signed, evidence of insurance provided, and satisfactory bonds furnished or other disposition made thereof. The bid guarantees of all bidders except the three lowest, responsive bids will be returned within 15 calendar days after the bids are opened.
16.0 QUALIFICATION OF BIDDER
Each b i d d e r s h a l l c o m p l e t e a n d s u b m i t w i t h t h e i r b i d S e c t i o n 0 0 4 2 0 ,
CERTIFICATION OF BIDDER’S EXPERIENCE AND QUALIFICATIONS.
Upon the request of City, any bidder whose bid is under consideration for the award of the Contract shall promptly submit satisfactory evidence showing the bidder’s financial resources, its construction experience, and its organization’s availability for the performance of the Contract.
The bidder may be required to establish to the satisfaction of the City the reliability and responsibility of the persons or entities proposed to furnish and perform the work described in the Documents.
17.0 SUBCONTRACTORS
In accordance with California Public Contracting Code Section 4100, et. seq., each bid shall have listed in Section 00430, PROPOSED SUBCONTRACTORS, the name, portion of work to be performed, and location of the place of business of each subcontractor who will perform work or labor or render service to the bidder in or about the construction of the work or improvement, or of any subcontractor licensed by the State of California who, under subcontract to the bidder, will specially fabricate and install a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of one percent of the bidder’s total bid, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half
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of one percent of the bidder’s total bid or Ten Thousand Dollars ($10,000.00), whichever is greater.
Failure to list subcontractors may render the bid non-responsive and may be grounds for rejection of the bid. Failure to comply with the provisions of the California “Subletting and Subcontracting Fair Practices Act” shall make the Contractor subject to the sanctions as set forth in the Act.
The Contractor shall perform at a minimum the percentage of work specified in Section 01010-7.0, CONTRACTOR’S WORK PERCENTAGE, with its own forces and shall not subcontract out this portion of work.
18.0 MAJOR EQUIPMENT ITEMS
Not used.
19.0 SUBSTITUTIONS DURING BIDDING
Manufacturers or suppliers of materials and equipment may offer an alternative product to the Contractor and request that alternatives to specified products be considered equal as determined by the City of Gilroy City Engineer or Public Works Director. Precast Concrete Fence substitute requests shall be of the same material as specified in this document. Inclusion of such alternatives in the bid is the responsibility of the Contractor. Inclusion should only be considered if the Contractor believes the offered alternative is equal in quality and performance to the specified product. After award of the Contract, such offers of alternative products will be reviewed and processed as a substitution as provided under Section 01600, MATERIAL AND EQUIPMENT.
20.0 BIDDERS INTERESTED IN MORE THAN ONE BID
No person, partnership, company, association, organization, business entity, business combination, or corporation, under the same or different name, shall make, file, or be interested in more than one bid for the same work unless alternate bids are called for. A person, partnership, company, association, organization, business entity, business combination, firm, or corporation may, however, submit subproposals or quote prices on materials to more than one bidder.
Pursuant to Public Contract Code Section 7106, bidders shall execute and furnish with their bids Section 00480, NON-COLLUSION AFFIDAVIT. Reasonable grounds to believe that any individual, partnership, company, association, organization, business entity, corporation, or business combination is interested in more than one bid for the proposed work may cause rejection of all bids in which that individual, partnership, company, association, organization, business entity, corporation, or business combination is interested.
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21.0 SHEETING, SHORING AND BRACING
Pursuant to the provisions of California Labor Code Section 6707, each bid submitted shall contain, if applicable, in the bid item indicated, the amount included in its bid for adequate sheeting, shoring, and bracing, or equivalent method, for the protection of life and limb in trenches and open excavation, which shall conform to applicable safety orders. By listing this sum, the bidder warrants that its action does not convey tort liability to the City, the Design Consultant, the Construction Manager, and their employees, agents, and subconsultants.
22.0 WAGE RATES
Pursuant to provisions of the Labor Code Section 1770, et. seq., of the State of California, the Director of the Department of Industrial Relations has ascertained the prevailing rate of per diem wages of the locality in which the Work is to be performed and applicable to the work to be done. Copies of these wage determinations can be obtained at: www.dir.ca.gov.
Bidders shall promptly notify the City, in writing, about all the classifications of labor not listed in the prevailing wage determinations but necessary for the performance of the Work before bids are submitted.
23.0 WAGE THEFT PREVENTION
Compliance with Wage and Hour Laws: Contractor, and any subcontractor it employs to complete work under this Agreement, shall comply with all applicable federal, state, and local wage and hour laws. Applicable laws may include, but are not limited to, the Federal Fair Labor Standards Act and the California Labor Code.
Final Judgments, Decisions, and Orders: For purposes of this Section, a “final judgment, decision, or order” refers to one for which all appeals have been exhausted or the time to appeal has expired. Relevant investigatory government agencies include: the federal Department of Labor, the California Division of Labor Standards Enforcement, or any other governmental entity or division tasked with the investigation and enforcement of wage and hour laws.
Prior Judgments against Contractor and/or its Subcontractors:
BY SIGNING THIS AGREEMENT, CONTRACTOR AFFIRMS THAT IT HAS
DISCLOSED ANY FINAL JUDGMENTS, DECISIONS, OR ORDERS FROM A COURT OR INVESTIGATORY GOVERNMENT AGENCY FINDING – IN THE FIVE (5) YEARS PRIOR TO EXECUTING THIS AGREEMENT – THAT
CONTRACTOR OR ITS SUBCONTRACTOR(S) HAS VIOLATED ANY
APPLICABLE WAGE AND HOUR LAWS. CONTRACTOR FURTHER AFFIRMS
THAT IT OR ITS SUBCONTRACTOR(S) HAS SATISFIED AND COMPLIED WITH – OR HAS REACHED AGREEMENT WITH THE CITY REGARDING THE
MANNER IN WHICH IT WILL SATISFY – ANY SUCH JUDGMENTS, DECISIONS, OR ORDERS.
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Judgments or Decisions During Term of Contract: If at any time during the term of this Agreement, a court or investigatory government agency issues a final judgment, decision, or order finding that Contractor or a subcontractor it employs to perform work under this Agreement has violated any applicable wage and hour law, or Contractor learns of such a judgment, decision, or order that was not previously disclosed, Contractor shall inform the City Attorney, no more than fifteen (15) days after the judgment, decision, or order becomes final or of learning of the final judgment, decision, or order. Contractor and its subcontractors shall promptly satisfy and comply with any such judgment, decision, or order, and shall provide the City Attorney with documentary evidence of compliance with the final judgment, decision, or order within five (5) days of satisfying the final judgment, decision, or order. The City reserves the right to require Contractor to enter into an agreement with the City regarding the manner in which any such final judgment, decision, or order will be satisfied.
City’s Right to Withhold Payment: Where Contractor or any subcontractor it employs to perform work under this Agreement has been found in violation of any applicable wage and hour law by a final judgment, decision, or order of a court or government agency, the City reserves the right to withhold payment to Contractor until such judgment, decision, or order has been satisfied in full.
Material Breach: Failure to comply with any part of this Section constitutes a material breach of this Agreement. Such breach may serve as a basis for immediate termination of this Agreement and/or any other remedies available under this Agreement and/or law.
Notice to City Related to Wage Theft Prevention: Notice provided to the City Attorney as required under this Section shall be addressed to: City Attorney, City of Gilroy, 7351 Rosanna Street, Gilroy CA 95020. The Notice provisions of this Section are separate from any other notice provisions in this Agreement and, accordingly, only notice provided to the above address satisfies the notice requirements in this Section.
24.0 OFFER OF ASSIGNMENT OF ANTITRUST ACTIONS
As provided by Section 4552, et. seq., of the California Government Code, in submitting a bid to the City, the bidder offers and agrees that if the bid is accepted, it will assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the City pursuant to the bid. Such assignment shall be made and become effective at the time the City tenders final payment to the bidder.
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25.0 ASSIGNMENT OF CONTRACT
Any attempted assignment by the Contractor of any contract to be entered into hereunder, or any part thereof, or of funds to be received thereunder by the Contractor, is void unless such assignment has had prior written approval of City, and the Surety has been given due notice of such assignment in writing and has consented thereto in writing.
26.0 REJECTION OF BIDS
The City reserves the right to reject any and all bids and further reserves the right to reject any bids which are nonresponsive, incomplete, obscure, or irregular; any bids which omit a bid on any one or more items on which the bids are required; any bids in which unit prices are unbalanced in the opinion of the City; any bids accompanied by insufficient or irregular bid guaranty; any bids from bidders who have previously failed to perform properly or to complete on time Contracts of any nature; and any bidder who fails to provide satisfactory documentation of its qualifications as required by Section 00100-16.0, QUALIFICATION OF BIDDER.
The City reserves the right to waive irregularities.
27.0 CONTRACT, BONDS, AND INSURANCE CERTIFICATES
The successful bidder, simultaneously with the execution of the Agreement, will be required to furnish a Payment Bond on forms provided by the City, a Faithful Performance Bond, the Workers’ Compensation Insurance Certificate, and evidences of insurance. The bonds and insurance shall be secured from an established surety or insurance company, and the insurance certificate must be satisfactory to City with a minimum “A-:VII” rating with Best’s Rating Guide.
To be approved, the Payment Bond shall be in an amount not less than one hundred percent (100%) of the total amount payable by the terms of the Agreement.
Simultaneously with the submission of its bid, the bidder shall furnish the name, address, and telephone number of the surety that the bidder proposes to furnish the Payment Bond.
The Payment Bond shall secure the payment of those persons or entities to whom the bidder may become legally indebted for labor, materials, tools, equipment, or services of any kind used or employed by the bidder in performing the work, or taxes or amounts to be withheld thereon. The Payment Bond shall provide that the surety will pay the following amounts should the Contractor or a Subcontractor fail to pay the same, plus reasonable attorneys’ fees to be fixed by the court if suit is brought upon the bond: (1) amounts due to any of the persons named in California Civil Code Section 3181; (2) amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Agreement; and (3) any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code
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with respect to the work and labor. The Payment Bond shall, by its terms, inure to the benefit of any of the persons named in Civil Code Section 3181 so as to give a right of action to those persons or their assigns in any suit brought upon the bond.
The Faithful Performance Bond shall be secured from the surety in an amount not less than one hundred percent (100%) of the total amount payable by the terms of the Agreement. The Faithful Performance Bond shall secure the faithful performance of the contract. The successful bidder shall furnish the name, address and telephone number of the surety that will furnish the Payment Bond. The Performance and Payment bonds may be released, upon approval by the City, 35 days following the recording of the Notice of Acceptance of Completion, pending receipt of a Maintenance Bond in the amount of ten percent of the final contract amount.
The bidder shall carefully examine the form of the Agreement as provided in Section 00500, which the successful bidder as Contractor will be required to execute, and the forms of bonds and insurance certificates as provided in Sections 00610, 00620 and 00630, which the bidder will be required to furnish.
28.0 AWARD OF CONTRACT
Within sixty (60) days after the time of opening of the bids, the City will act either to accept a bid, to reject all bids or with the consent of the bidders and their sureties to extend the time in which the City may act. The acceptance of a bid will be evidenced by a Notice of Award of Contract in writing, delivered in person or by certified mail to the bidder whose bid is accepted. No other act of City will constitute acceptance of a bid. The Award of Contract shall obligate the bidder whose bid is accepted to furnish performance and payment bonds and evidences of insurance, and to execute the Agreement in the form set forth in the Contract Documents. The Contract will require the completion of the work according to the Contract Documents.
If award is made, it will be based on the lowest responsive, responsible base bid.
29.0 EXECUTION OF CONTRACT
The Agreement shall be executed by the successful bidder and returned, together with the Contract bonds and evidences of insurance, within ten (10) days after receiving written Notice of Intent to Award of the Contract. Time is of the essence in this regard. After execution by City, one copy of the Agreement shall be returned to Contractor.
The failure to execute the Contract Documents or to furnish the bonds or insurance required by these instructions within ten (10) days after receiving written notice of the intent to Award of the Contract constitutes a default. In the event of a default, the City may award the Contract to the next lowest bidder or may readvertise for bids. The City may charge against the defaulting bidder the greater of (1) the amount of the bid bond, or (2) the difference between the amount of the bid and
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the amount for which a Contract for the work is subsequently executed, irrespective of whether the amount thus due exceeds the amount of the bid bond. If a more favorable bid is received by readvertising, the defaulting bidder shall have no claim against the City for a refund.
30.0 CONSTRUCTION DOCUMENTS
Within five (5) days after the execution of the Contract, the City will furnish the Contractor three (3) copies of the Plans and Specifications. The Contractor may obtain additional copies for the price listed in Section 00020,NOTICE TO PROSPECTIVE BIDDERS.
31.0 CONTRACTOR AND SUBCONTRACTOR REGISTRATION REQUIREMENTS Senate Bill 854 was passed by the legislature and signed by the Governor on June 20, 2014, which modified the labor code. Section 1725.5 is added to the Labor Code, to read:
1725.5
A contractor shall be registered pursuant to this section to 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 public work contract that is subject to the requirements of this chapter. For the purposes of this section, “contractor” includes a subcontractor as defined by Section 1722.1. (a) To qualify for registration under this section, a contractor shall do all of the following:
(1) Beginning July 1, 2014, register with the Department of Industrial Relations in the manner prescribed by the department and pay an initial nonrefundable application fee of three hundred dollars ($300) to qualify for registration under this section and an annual renewal fee on or before July 1 of each year thereafter. The annual renewal fee shall be in a uniform amount set by the Director of Industrial Relations, and the initial registration and renewal fees may be adjusted no more than annually by the director to support the costs specified in Section 1771.3. (2) Provide evidence, disclosures, or releases as are necessary to establish all of the following:
(A) Workers’ Compensation coverage that meets the requirements of Division 4 (commencing with Section 3200) and includes sufficient coverage for any worker whom the contractor employs to perform work that is subject to prevailing wage requirements other than a contractor who is separately registered under this section. Coverage may be evidenced by a current and valid certificate of workers’ compensation Insurance or certification of self-insurance required under Section 7125 of the Business and Professions Code.
(B) If applicable, the contractor is licensed in accordance with Chapter 9 (commencing with Section 7000) of the Business and Professions Code. (C) The contractor does not have any delinquent liability to an employee or the state for any assessment of back wages or related damages, interest, fines, or
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penalties pursuant to any final judgment, order, or determination by a court or any federal, state, or local administrative agency, including a confirmed arbitration award. However, for purposes of this paragraph, the contractor shall not be disqualified for any judgment, order, or determination that is under appeal, provided that the contractor has secured the payment of any amount eventually found due through a bond or other appropriate means.
(D) The contractor is not currently debarred under Section 1777.1 or under any other federal or state law providing for the debarment of contractors from public works.
(E) The contractor has not bid on a public works contract, been listed in a bid proposal, or engaged in the performance of a contract for public works without being lawfully registered in accordance with this section, within the preceding 12 months or since the effective date of the requirements set forth in subdivision (e), whichever is earlier. If a contractor is found to be in violation of the requirements of this paragraph, the period of disqualification shall be waived if both of the following are true:
(i) The contractor has not previously been found to be in violation of the requirements of this paragraph within the preceding 12 months. (ii) The contractor pays an additional nonrefundable penalty registration fee of two thousand dollars ($2,000).
(b) Fees received pursuant to this section shall be deposited in the State Public Works Enforcement Fund established by Section 1771.3 and shall be used only for the purposes specified in that section.
(c) A contractor who fails to pay the renewal fee required under paragraph (1) of subdivision (a) on or before the expiration of any prior period of registration shall be prohibited from bidding on or engaging in the performance of any contract for public work until once again registered pursuant to this section. If the failure to pay the renewal fee was inadvertent, the contractor may renew its registration retroactively by paying an additional nonrefundable penalty renewal fee equal to the amount of the renewal fee within 90 days of the due date of the renewal fee. (d) If, after a body awarding a contract accepts the contractor’s bid or awards the contract, the work covered by the bid or contract is determined to be a public work to which Section 1771 applies, either as the result of a determination by the director pursuant to Section 1773.5 or a court decision, the requirements of this section shall not apply, subject to the following requirements:
(1) The body that awarded the contract failed, in the bid specification or in the contract documents, to identify as a public work that portion of the work that the determination or decision subsequently classifies as a public work. (2) Within 20 days following service of notice on the awarding body of a determination by the Director of Industrial Relations pursuant to Section 1773.5 or a decision by a court that the contract was for public work as defined in this chapter, the contractor and any subcontractors are registered under this section or are replaced by a contractor or subcontractors who are registered under this section. (3) The requirements of this section shall apply prospectively only to any subsequent bid, bid proposal, contract, or work performed after the awarding body
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is served with notice of the determination or decision referred to in paragraph (2) of this subdivision.
(e) The requirements of this section shall apply to any bid proposal submitted on or after March 1, 2015, and any contract for public work, as defined in this chapter, entered into on or after April 1, 2015.
Section 1771.1 is added to the Labor Code, to read:
1771.1.
(a) A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.
(b) Notice of the requirement described in subdivision (a) shall be included in all bid invitations and public works contracts, and a bid shall not be accepted nor any contract or subcontract entered into without proof of the contractor or subcontractor’s current registration to perform public work pursuant to Section 1725.5.
(c) An inadvertent error in listing a subcontractor who is not registered pursuant to Section 1725.5 in a bid proposal shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive, provided that any of the following apply:
(1) The subcontractor is registered prior to the bid opening. (2) Within 24 hours after the bid opening, the subcontractor is registered and has paid the penalty registration fee specified in subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5.
(3) The subcontractor is replaced by another registered subcontractor pursuant to Section 4107 of the Public Contract Code.
(d) Failure by a subcontractor to be registered to perform public work as required by subdivision (a) shall be grounds under Section 4107 of the Public Contract Code for the contractor, with the consent of the awarding authority, to substitute a subcontractor who is registered to perform public work pursuant to Section 1725.5 in place of the unregistered subcontractor.
(e) The department shall maintain on its Internet Web site a list of contractors who are currently registered to perform public work pursuant to Section 1725.5. (f) A contract entered into with any contractor or subcontractor in violation of subdivision (a) shall be subject to cancellation, provided that a contract for public work shall not be unlawful, void, or voidable solely due to the failure of the awarding body, contractor, or any subcontractor to comply with the requirements of Section 1725.5 or this section.
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(g) This section shall apply to any bid proposal submitted on or after March 1, 2015, and any contract for public work entered into on or after April 1, 2015.
Section 1771.3 of the Labor Code is repealed.
As per the updated labor code shown above, for any bid proposal submitted on or after March 1, 2015, and any contract for public work entered into on or after April 1, 2015, all contractors must be registered with the state to be qualified to bid on, be listed in a bid proposal or engage in the performance of any public work contract that is subject to the requirements of the code. “Contractor” includes subcontractors as defined by the Code Section 1722.1. Failure of the contractor and subcontractors to be registered at the time of bidding, as required by the labor code, shall render the bid as non-responsible. ***END OF SECTION***
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SECTION 00300
BID
DATE:
The undersigned, as bidder, declares that we have received and examined the Contract Documents entitled Precast Concrete Fence Replacement Project No. 26-PW-309 and will contract with the City, on the form of Agreement provided herewith, to do everything required for the fulfillment of the Contract for the construction of this project at the prices and on the terms and conditions herein contained.
We agree that the following shall form a part of this bid and are submitted herewith:
SECTION TITLE Item Included (?)
00300 Bid
00310 Bid Schedule
00410 Bid Guaranty Bond
00420 Certification of Bidder’s Experience and Qualifications 00425 Proposed Bond Provider
00430 Proposed Subcontractors
00480 Non-Collusion Affidavit
We acknowledge that the following addenda numbers have been received and have been examined as part of the Contract Documents.
Addendum
No. Date Received Initials
Attached is a bid guaranty bond as required by Paragraph 00100-15.0, BID GUARANTY.
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If our bid is accepted, we agree to sign the Agreement without qualifications and to furnish the performance and payment bonds and the required evidences of insurance within 10 calendar days after receiving written Notice of Award of the Contract.
We further agree, if our bid is accepted and a Contract for performance of the work is entered into with the City, to so plan work and to prosecute it with such diligence that the work shall be completed within the time stipulated.
Name of Bidder
Contractor’s License No.
License Expiration Date
Contractor Department of Industrial Relations (DIR) Number DIR Expiration Date
Signature of Bidder
Bidder’s Email Address
Bidder’s Phone Number
Title of Signatory
Witness Address of Bidder
Title of Witness State of Incorporation
***END OF SECTION***
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SECTION 00310
BID SCHEDULE
PROPOSAL FOR THE CONSTRUCTION OF: Precast Concrete Fence Replacement Project No. 26-PW-309
City of Gilroy
Pursuant to Section 00020, NOTICE TO PROSPECTIVE BIDDERS, the undersigned hereby proposes and agrees that on award by the City of Gilroy under this Bid, and in accordance with the provisions therein stated, to execute a Contract, with necessary bonds, to furnish and install any and all labor, materials, transportation, and services for the construction of the Precast Concrete Fence Replacement Project No. 26-PW-309 in accordance with the Plans and Specifications therefor adopted and on file with the City of Gilroy within the time hereinafter set forth and at the prices named in this Bid as follows:
BASE BID
AL = Allowance CF = Cubic Feet CY = Cubic Yard EA = Each LB = Pounds LF = Linear Foot LS = Lump Sum SF = Square Feet TON = Ton (2000 lbs.) Item
No. Description QTY Unit Unit Price Total
1 Mobilization 1 LS $ $
2 Vehicular Traffic Control 1 LS $ $
3 Pedestrian and Bicycle Traffic
Control 1 LS $ $
4 Precast Concrete Fence Labor
and Materials
1 LS $ $
5 Erosion and Sediment Control
Plan and Implementation (ESCP)
1 LS $ $
TOTAL: Items 1 thru 5 inclusive
and all work incidental thereto
and connected therewith
$
TOTAL IN WORDS:
*Revocable Bid Item
Bid amount of each of the above bid items must be filled in and completed.
The lowest responsible bidder will be selected based on the Base Bid.
Name of Bidder
***END OF SECTION***
Precast Concrete Fence Replacement Project
No. 26-PW-309 SECTION 00100-20
SECTION 00410
BID GUARANTY BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WE, AS PRINCIPAL, AND
AS SURETY, are held and firmly bound unto the
City of Gilroy in the penal sum of 10 PERCENT OF THE TOTAL AMOUNT OF THE BID of the Principal above named, submitted by said Principal to the City of Gilroy for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made to the City of Gilroy to which said bid was submitted, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents, in no case shall the liability of the surety hereunder exceed the sum of $ .
THE CONDITION OF THIS OBLIGATION IS SUCH THAT WHEREAS, the Principal has submitted the above-mentioned bid to the City of Gilroy, aforesaid, for certain construction specifically described as follows, for which bids are to be opened at City of Gilroy Council Chambers.
FOR: Precast Concrete Fence Replacement Project No. 26-PW-309 -
NOW, THEREFORE, if the aforesaid Principal is awarded the contract and, within the time and manner required under the specifications, after the prescribed forms are presented to him/her for signature enters into a written contract in the prescribed form, in accordance with the bid, and files two bonds with the City of Gilroy, one to guarantee faithful performance, and the other to guarantee payment for labor and materials as required by law, and provide certificate of insurance coverage required by the Contract Documents, then this obligation shall be null and void; otherwise, it shall be and remain in full force and virtue.
IN WITNESS WHEREOF, we have hereunto set our hands on this day of , .
Title of Signatory Title of Signatory
Signature of Principal Signature of Surety
Address Address
Note: Signatures of those executing for the surety must be properly acknowledged. ***END OF SECTION***
Precast Concrete Fence Replacement Project
No. 26-PW-309 SECTION 00100-21
SECTION 00420
CERTIFICATION OF BIDDER’S EXPERIENCE AND QUALIFICATIONS The undersigned Bidder certifies that it is, at the time of bidding, and shall be, throughout the period of the contract, licensed under the provisions of Chapter 9, Division 3, of the Business and Professions Code of the State of California, to do the type of work contemplated in the Contract Documents. Bidder shall further certify that it is skilled and regularly engaged in the general class and type of work called for in the Contract Documents. In accordance with Public Contract Code Section 20103.5, any Bidder not so licensed shall be subject to all legal penalties imposed by law, including, but not limited to, any appropriate disciplinary action by the Contractor’s State License Board.
The Bidder represents that it is competent, knowledgeable, and has special skills on the nature, extent, and inherent conditions of the work to be performed. Bidder further acknowledges that there are certain peculiar and inherent conditions existent in the construction of the particular facilities which may create, during the construction program, unusual or peculiar unsafe conditions hazardous to persons and property. Bidder expressly acknowledges that it is aware of such peculiar risks and that it has the skill and experience to foresee and to adopt protective measures to adequately and safely perform the construction work with respect to such hazards.
The Bidder shall list below three (3) projects completed in the last two (2) years of similar size and complexity that indicate the Bidder’s experience as a Contractor.
1. Project Name:
City:
Construction Cost:
Construction Time: Working Days:
City’s Representative:
City’s Telephone No.:
Date of Substantial Completion:
Precast Concrete Fence Replacement Project
No. 26-PW-309 SECTION 00100-22
2. Project Name:
City:
Construction Cost:
Construction Time: Working Days:
City’s Representative:
City’s Telephone No.:
Date of Substantial Completion:
3. Project Name:
City:
Construction Cost:
Construction Time: Working Days:
City’s Representative:
City’s Telephone No.:
Date of Substantial Completion:
Signed this day of , .
Name of Bidder
***END OF SECTION***
Precast Concrete Fence Replacement Project
No. 26-PW-309 SECTION 00100-23
SECTION 00425
PROPOSED BOND PROVIDER
Company:
Address:
Phone:
Best Rating:
California Department of Insurance Approval: Yes No
***END OF SECTION***
Precast Concrete Fence Replacement Project
No. 26-PW-309 SECTION 00100-24
SECTION 00430
PROPOSED SUBCONTRACTORS
Pursuant to California Public Contract Code, Section 4100 et. seq., the following list gives the name, business address, and portion of work (description of work to be done) for each subcontractor that will be used in the work if the bidder is awarded the Contract (additional supporting data may be attached to this page. Each page shall be sequentially numbered, and headed “Proposed Subcontractors” and shall be signed.) Pursuant to Labor Code section 1725.5, subcontractors shall also provide Department of Industrial Relations (DIR) number
Name Full Address/Phone Description of Work Bid Item No.s Contractor’s License Number
DIR Registration Number
Contractor’s License Number
DIR Registration Number
Contractor’s License Number
DIR Registration Number
Contractor’s License Number
DIR Registration Number
Precast Concrete Fence Replacement Project
No. 26-PW-309 SECTION 00100-25
Name Full Address/Phone Description of Work Bid Item No.s Contractor’s License Number
DIR Registration Number
Name of Bidder
Signature of Bidder
***END OF SECTION***
Precast Concrete Fence Replacement Project
No. 26-PW-309 SECTION 00100-26
SECTION 00480
NON-COLLUSION AFFIDAVIT
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
State of California )
) ss.
County of )
, being first duly sworn, deposes and says that he or she is 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, business entity, business combination, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
Signature
Name of Bidder
Subscribed and sworn before me this
day of , . Title
Signature of Notary Public in and for Date
the County of ,
State of California.
***END OF SECTION***
Precast Concrete Fence Replacement Project
No. 26-PW-309 SECTION 00100-27
SECTION 00500
AGREEMENT
Precast Concrete Fence Replacement Project No. 26-PW309 THIS AGREEMENT, made this day of 2026, by and between the City of Gilroy, hereinafter called the “City,” and hereinafter called the “Contractor.”
W I T N E S S E T H:
WHEREAS, the City has caused the Contract Documents to be prepared comprised of bidding and contract requirements and technical specifications and drawings for the construction of the Precast Concrete Fence Replacement Project No. 26-PW-309, as described therein, and
WHEREAS, the Contractor has offered to perform the proposed work in accordance with the terms of the Contract Documents.
NOW, THEREFORE, in consideration of the mutual covenants and agreements of the parties herein contained and to be performed, the City and Contractor agree as follows:
Article 1. Work.
Contractor shall complete the Work as specified or indicated in the Contract Documents.
Article 2. Contract Time.
The Work shall be completed by the Contractor in accordance with the Contract Documents within the time period required by Paragraph 00800-2.0, Time Allowed for Completion, subject to extension as expressly provided in the Contract Documents.
Article 3. Liquidated Damages.
The city and the contractor recognize that the city will suffer substantial damages and significant financial loss as a result of the contractor’s delays in performance of the work described in the contract documents. The city and the contractor hereby acknowledge and agree that the damages and financial loss sustained as a
Precast Concrete Fence Replacement Project
No. 26-PW-309 SECTION 00100-28
result of any such delays in performance will be extremely difficult and impractical to ascertain. Therefore, the city and contractor hereby agree that in the event of such delays in performance, the city shall be entitled to compensation by way of liquidated damages and penalties for the detriment resulting therefrom in accordance with paragraph 00700-6.5, liquidated damages, of the contract documents. The city and the contractor further agree that the amounts designated as liquidated damages are a reasonable estimate of the city’s damages and financial loss in the event of any such delays in performance considering all of the circumstances existing as of the date of this agreement, including the relationship of such amounts to the range of harm to the city which reasonably could be anticipated as of the date of this agreement and the expectation that proof of actual damages would be extremely difficult and impractical.
By initialing this paragraph below, the parties hereto signify their approval and consent to the terms of this article 3.
City’s Initials Contractors Initials
Article 4. Contract Price.
In consideration of the Contractors performance of the Work in accordance with the Contract Documents, the City shall pay the Contract Price set forth in the Contract Documents.
Article 5. Contract Documents.
The Contract Documents which comprise the entire agreement between City and Contractor concerning the Work consist of this Agreement (Section 00500 of the Contract Documents) and the following, all of which are hereby incorporated into this Agreement by reference with the same force and effect as if set forth in full.
Notice to Prospective Bidders
Instructions to Bidders
Bid Documents
Designation of Subcontractors
Bid Guaranty Bond
Agreement
Acknowledgements
Performance Bond
Payment Bond
General Conditions
Supplementary Conditions
General Requirements
Standard Specifications (Caltrans)
Precast Concrete Fence Replacement Project
No. 26-PW-309 SECTION 00100-29
Technical Specifications
Drawings
Addenda, if any
Executed Change Orders if any
Maintenance Bond
Notice of Award
Notice to Proceed
Article 6. Miscellaneous.
Capitalized terms used in this Agreement which are defined in Section 01090, References, of the Contract Documents will have the meanings set forth in Section 01090, References.
Contractor shall not assign any rights, obligations, duties, or responsibilities under or interest in the Contract Documents without the prior written consent of the City, which consent may be withheld by the City in its sole discretion. No assignment by the Contractor of any rights, obligations, duties or responsibilities under or interests in the Contract Documents will be binding on the City without the prior written consent of the City (which consent may be withheld in City’s sole discretion); and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, executed by the City, no assignment will release or discharge the assignor from any liability, duty, obligation, or responsibility under the Contract Documents.
Subject to the foregoing, the Contract Documents shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. Nothing contained in the Contract Documents shall in any way constitute a personal obligation of or impose any personal liability on any employees, officers, directors, agents or representatives of the City or its successor and assigns.
In accordance with California Business and Professions Code Section 7030, the Contractor is required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against Contractors if a complaint regarding a latent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning the Contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826.
Precast Concrete Fence Replacement Project
No. 26-PW-309 SECTION 00100-30
IN WITNESS WHEREOF, this agreement has been executed on this day of 2026.
Name of Contractor Signature of City
City Administrator
Signature of Contractor Title of Signatory
Title of Signatory Approved as to form by
City Attorney
ATTEST: ATTEST:
Signature Signature
Title of Signatory Title of Signatory
***END OF SECTION***
Precast Concrete Fence Replacement Project
No. 26-PW-309 SECTION 00100-31
SECTION 00610
FAITHFUL PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS, THAT, WHEREAS, City of Gilroy, hereinafter designated the “City,” has, on awarded to, hereinafter designated as the “Principal,” a Contract for the construction of the Precast Concrete Fence Replacement Project No. 26-PW-309, and WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract:
NOW, THEREFORE, WE, the Principal, and, as Surety, are held and firmly bound unto the City the penal sum of
dollars ($ ) lawful money
of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal, it or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and faithfully perform the covenants, conditions, and agreements in the said contract and any alterations made as therein provided, on it 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, the City, its officers and agents as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue.
It is acknowledged that the Contract provides for a one-year warranty period, during which time this bond remains in full force and effect.
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 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. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.
Precast Concrete Fence Replacement Project
No. 26-PW-309 SECTION 00100-32
IN WITNESS WHEREOF, the above bounden parties have executed this instrument under their seals this day of , , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.
Principal
(Seal)
Signature for Principal
Title of Signatory
Surety
(Seal)
Signature for Surety
Title of Signatory
***END OF SECTION***
Precast Concrete Fence Replacement Project
No. 26-PW-309 SECTION 00100-33
SECTION 00620
PAYMENT BOND
KNOW ALL PERSONS BY THESE PRESENTS, THAT, WHEREAS,
City of Gilroy, hereinafter designated as the “City,” has, on , awarded to ,
hereinafter designated as the “Principal,” a Contract for the construction of the Precast Concrete Fence Replacement Project No. 26-PW-309 and
WHEREAS, said Principal is required to furnish a bond in connection and with said Contract, providing that if said Principal, or any of it or its subcontractors shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety of this bond will pay the same to the extent hereinafter set forth:
NOW, THEREFORE, we, the Principal, and, as Surety, are held and firmly bound unto the City the penal sum of
Dollars ($ ) lawful
money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors jointly and severally, firmly by these presents.
The Payment Bond for which this Section provides shall secure the payment of those persons or entities to whom the Principal, its Subcontractors or its heirs, executors, administrators, successors, or assigns, shall become legally indebted for labor, materials, tools, equipment or services of any kind used or employed by the bidder in performing the work, or taxes or amounts to be withheld thereon. The Surety or Sureties will pay the following amounts should the Principal or a Subcontractor fail to pay the same, plus reasonable attorneys’ fees to be fixed by the court if suit is brought upon the bond:
(1) amounts due to any of the persons named in California Civil Code Section 3181; (2) amounts due under the Unemployment Insurance Code with respect to work contracted to be done or any work or labor thereon of any kind; and (3) any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to the work and labor. This Payment Bond shall ensure the benefit of any of the persons named in Civil Code Section 3181 so as to give a right of action to those persons or their assigns in any suit brought upon this bond.
And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition of the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall, in
Precast Concrete Fence Replacement Project
No. 26-PW-309 SECTION 00100-34
any way, affect its obligations of this bond, and it does hereby waive notice of any change, extension of time, alteration, or addition to the terms of the contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.
IN WITNESS WHEREOF, the above bounded parties have executed this instrument under their seals this day of , , the name
and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body Principal
(Seal) Signature for Principal Title
Surety
(Seal)
Signature for Surety Title
***END OF SECTION***
Precast Concrete Fence Replacement Project
No. 26-PW-309 SECTION 00630-35
SECTION 00630
CERTIFICATE OF INSURANCE
Return Completed
Certificate to
City of Gilroy (Agency)
This certifies to the Agency that the following described policies have been issued to the Insured named below and are in force at this time.
Insured
Address
Description of operations/locations/products insured (show contract name and/or number, if any):
POLICIES AND INSURERS Bodily LIMITS Property
Injury Damage
POLICY
NUMBER
EXPIRATION
DATE
Workers’ Compensation
(Name of Insurer)
(Best’s Rating)
Employers Liability
$
Check policy type:
COMPREHENSIVE
GENERAL
LIABILITY , or
COMMERCIAL GENERAL
LIABILITY .
(Name of Insurer)
(Best’s Rating)
“Claims Made” Occurrence
Each Each
Occurrence Occurrence
$ $
Aggregate Aggregate
$ $
or Combined Single Limit
$
Aggregate $
BUSINESS AUTO POLICY
Liability Coverage
Symbol
Each Person Each Accident
$ $ $
Each Accident
$
or, Combined Single Limit $
UMBRELLA LIABILITY
(Name of Insurer)
(Best’s Rating)
“Claims Made” Occurrence
Occurrence/Aggregate $
Self-Insured Retention
$
Precast Concrete Fence Replacement Project
No. 26-PW-309 SECTION 00630-36
The following coverage or conditions are in effect: Yes No The Agency, its officials, and employees are named on all liability policies described above as insureds as respects: (a) activities performed for the Agency by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, and (c) premises owned, leased or used by the Named Insured.
Products and Completed Operations
The undersigned will mail to the Agency 30 days written notice of cancellation or reduction of coverage or limits
Cross Liability Clause (or equivalent wording)
Personal Injury, Perils A, B and C
Broad Form Property Damage
X, C, U& Hazards included
Contractual Liability Coverage applying to this Contract Liquor Liability
Coverage afforded the Agency, its officials, employees and volunteers as Insureds applies as primary and not excess or contributing to any insurance issued in the name of the Agency
Waiver of subrogation from Workers’ Compensation Insurer This certificate is issued as a matter of information. This certificate is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies.
Agency or Brokerage Insurance Company
Address Home Office
Name of Person to be Contacted Authorized Signature Date Telephone No.
Note: Authorized signatures may be the agent’s if the agent has placed insurance through an agency agreement with the insurer. If insurance is brokered, authorized signature must be that of official of insurer.
Precast Concrete Fence Replacement Project
No. 26-PW-309 SECTION 00630-37
GENERAL LIABILITY ENDORSEMENT
City of Gilroy (“the Agency”)
7351 Rosanna Street
Gilroy, CA 95020
Attn: Risk Manager
A. POLICY INFORMATION Endorsement No.
1. Insurance Company Policy No.
2. Policy Term (from) (to)
3. Named Insured
4. Address of Named Insured
5. Limit of Liability Any One Incident/Aggregate $
6. Deductible or Self-Insured Retention:
(Nil unless otherwise specified): $
7. Coverage is equivalent:
Comprehensive General Liability form GL0002 (Ed 1/73)
Comprehensive General Liability “occurrence” form CG0001 Comprehensive General Liability “claims-made” form CG0002.......................................................
8. Bodily Injury and Property Damage Coverage is: “claims-made” - “occurrence” if claims-made, the retroactive date is .
NOTE: The Agency’s standard insurance requirements specify “occurrence” coverage. “Claims-made” coverage requires special approval.
B. POLICY AMENDMENTS
This endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as follows:
1. INSURED. The Agency, its elected and appointed officers, officials, employees and volunteers are included as insureds with regards to damages and defense of claims arising from: (a) activities performed by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, or (c) premises owned, leased or used by the Named Insured.
2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the Named Insured for or on behalf of the Agency; or (b) products sold by the Named Insured to the Agency; or (c) premises leased by the Named Insured from the Agency, the insurance afforded by this policy shall be primary insurance as respects the Agency, its elected or appointed officers, officials, employees or volunteers; or stand in an unbroken chain of coverage excess of the Named Insured’s scheduled underlying primary coverage. In either event, any other insurance maintained by the Agency, its elected or appointed officers, officials, employees and volunteers shall be in excess of this insurance and shall not contribute with it.
3. SCOPE OF COVERAGE. This coverage, if primary, affords coverage at least as broad as:
Precast Concrete Fence Replacement Project
No. 26-PW-309 SECTION 00630-38
(1) Insurance Services Office form number GL 002 (Ed. 1/73), Comprehensive General Liability Insurance and Insurance Services Office form number GL 0404 Broad Form comprehensive General Liability endorsement: or
(2) Insurance Services Office Commercial General Liability Coverage, “occurrence” form CG 0001 or “claims-made” form CG 0002; or
(3) If excess, affords coverage which is at least as broad as the primary insurance forms referenced in the preceding sections (1) and (2).
3. SEVERABILITY OF INTEREST. The insurance afforded by this policy applies separately to each insured who is seeking coverage or against whom a claim is made or a suit is brought, except with respects to the Company’s limit of liability.
4. PROVISIONS REGARDING THE INSURED’S DUTIES AFTER ACCIDENT OR LOSS. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the Agency, its elected or appointed officers, officials, employees or volunteers.
5. CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail return receipt requested has been given to the Agency. Such notice shall be addressed as shown in the heading of this endorsement.
C. INCIDENT AND CLAIM REPORTING PROCEDURE
Incidents and claims are to be reported to the insurer at:
ATTN:
(Title) (Department)
(Company)
(Address)
(Telephone)
D. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER I, (print/type name), warrant that I have authority to bind the below listed insurance company and by my signature hereon do so bind this company.
SIGNATURE OF AUTHORIZED REPRESENTATIVE
(original signature required on endorsement furnished to the Agency)
ORGANIZATION TITLE
ADDRESS TELEPHONE
Precast Concrete Fence Replacement Project
No. 26-PW-309 SECTION 01035-39
WORKER’S COMPENSATION/EMPLOYERS LIABILITY ENDORSEMENT
The City of Gilroy (“the Agency”)
7351 Rosanna Street
Gilroy, CA 95020
Attn: Risk Manager
A. POLICY INFORMATION Endorsement #
1. Insurance Company (“the Company”)
Policy Number
2. Effective Date of This Endorsement
3. Named Insured
4. Employer’s Liability Limit (Coverage B)
B. POLICY AMENDMENTS
In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as follows:
1. Cancellation Notice. The insurance afforded by this policy shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail return receipt requested has been given to the Agency. Such notice shall be addressed as shown in the heading of this endorsement.
2. Waiver of Subrogation. The Insurance Company agrees to waive all rights of subrogation against the Agency, its elected or appointed officers, officials, agents and employees for losses paid under the terms of this policy which arise from work performed by the Named Insured for the Agency.
C. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER I, (print/type name), warrant that I have authority to bind the below listed insurance company and by my signature hereon do so bind this company.
SIGNATURE OF AUTHORIZED REPRESENTATIVE
(original signature required on endorsement furnished to the Agency)
ORGANIZATION TITLE
ADDRESS TELEPHONE
***END OF SECTION***
Precast Concrete Fence Replacement Project
No. 26-PW-309 SECTION 01035-40
SECTION 00650
WORKERS’ COMPENSATION INSURANCE CERTIFICATE
In accordance with California Labor Code Section 1861, prior to commencement of work on the Contract, the Contractor shall sign and file with the City the following certification:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
Signature
Name of Contractor
Title
Date
***END OF SECTION***
Precast Concrete Fence Replacement Project
No. 26-PW-309 SECTION 01035-41
SECTION 00670
NOTICE OF NONDISCRIMINATION IN EMPLOYMENT
The undersigned contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, marital status or national origin.
The 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, sex, age, marital status or national origin. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, or transfer, 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 notice to be provided by the municipality setting forth the provisions of this nondiscrimination clause.
Date Licensed General Contractor
Company License #
***POST IN CONSPICUOUS PLACE OF EMPLOYMENT***
***END OF SECTION***
Precast Concrete Fence Replacement Project
No. 26-PW-309 SECTION 01035-42
SECTION 00700
GENERAL CONDITIONS
1.0 GENERAL
1.1 Intent of Contract Documents
The intent of the Plans and Specifications is to describe the details for the construction and completion of the Work which the Contractor undertakes to perform in accordance with the terms of the Contract. Plans and Specifications are divided into groups for the convenience of the City, Design Consultant, and Construction Manager. These divisions are not for the purpose of apportioning work or responsibility for work among subcontractors, suppliers, and manufacturers.
Where the Plans or Specifications describe portions of the Work in general terms but not in complete detail, it is understood that only the best general practice is to prevail and that only materials and workmanship of the first quality are to be used.
Unless otherwise specified, the Contractor shall furnish tools, equipment, and incidentals, and do all the work involved in executing the Contract in a satisfactory and workmanlike manner.
Unless specifically noted otherwise, all sections of the Specifications and the Plans shall be complementary and applicable to each other.
In the event the materials and/or equipment are to be furnished by the City, as designated in the General Requirements or as agreed on, this shall not relieve the Contractor of the above requirements to furnish all other labor, materials, and equipment to complete the Contract.
Words and abbreviations which have well known technical or trade meaning are used in the Contract Documents in accordance with such recognized meanings.
For the definition of terms and abbreviations used in these Contract Documents see Section 01090, REFERENCES.
1.2 Discrepancies and Omissions
Any discrepancies or omissions found in the Contract Documents shall be reported to the Construction Manager immediately. The Construction Manager will clarify discrepancies or omissions, in writing, within a reasonable time.
In resolving inconsistencies among two or more sections of the Contract Documents, precedence shall be given in the following order:
1. Contract
a. Agreement
b. Permits
c. Change Orders
Precast Concrete Fence Replacement Project
No. 26-PW-309 SECTION 01035-43
2. General Requirements – Section 01010
3. Supplementary Conditions – Section 00800
4. Instructions to Bidders – Section 00100
5. Modifications to General Conditions – Section 00700
6. Technical Specifications
7. Project Plans
8. Reference Specifications
9. Reference Standard Plans
With reference to the Project Plans, the order of precedence is as follows:
1. Figures govern over scaled dimensions.
2. Detail drawings govern over general drawings.
3. Addenda/Change Order drawings govern over standard drawings.
4. Contract drawings govern over standard drawings.
5. Large-scale drawings govern over small-scale drawings.
1.3 Headings
Headings to parts, divisions, sections, articles, paragraphs, subparagraphs, and forms are inserted for convenience of reference only and shall not affect the interpretation of the Contract Documents.
1.4 Penalty for Collusion
If, at any time, it is found that the person, firm, or corporation to whom the Contract has been awarded has, in presenting any bid or bids, colluded with any other party or parties, then the Contract shall be null and void, and the Contractor and its sureties shall be liable for loss or damage which the City may suffer thereby, and the City may advertise for new bids for said Work.
1.5 Successors and Assigns
The City and the Contractor, respectively, bind themselves, their partners, successors, assigns, and legal representatives to the other party hereto and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants, agreements, and obligation contained in the Contract Documents. Neither party to the Contract shall assign the Contract or sublet it as a whole without the written consent of the other.
1.6 Assignment to City
Pursuant to Public Contract Code 7103.5, in entering into the Contract and all subcontracts, to supply goods, services, or materials pursuant to the Contract, the Contractor and its subcontractors offer and agree to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the Contract and subcontracts. This assignment shall be made and
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become effective at the time the City tenders final payment to the Contractor, without further acknowledgment by the parties.
1.7 Rights and Remedies
The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to, and not a limitation of, any duties, obligations, rights, and remedies otherwise imposed or available by law.
No action or failure to act by the City, the Design Consultant, or the Construction Manager shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing.
2.0 ADMINISTRATION
2.1 Administration of the Contract
The City’s Representatives and the Construction Manager provide administration of the Contract as hereinafter discussed. The duties, responsibilities and limitations of authority of the Construction Manager as the representatives of the City during the construction, as set forth in the Contract Documents, will not be modified or extended without written consent of the City.
In case of the termination of the employment of Construction Manager, the City shall appoint a Construction Manager whose status under the Contract Documents shall be that of the former Design Consultant or Construction Manager, respectively.
2.2 City’s Representative
2.2.1 General - The City’s Representative has the authority to act on behalf of the City on change orders, progress payments, Contract decisions, acceptability of the Contractor’s work, and early possession.
2.2.2 Change Orders - The City’s Representative has the authority to accept or reject change orders and cost proposals submitted by the Contractor or as recommended by the Construction Manager.
2.2.3 Progress Payments - The City’s Representative has the authority to accept or reject requests for progress payments which have been submitted by the Contractor and recommended by the Construction Manager.
2.2.4 Contract Decisions - Should the Contractor disagree with the Construction Manager’s decision with respect to the Contract, the Contractor may appeal to the City’s Representative in accordance with the provisions of the Contract.
2.2.5 Acceptability of Work - The City’s Representative has the authority to make the final determination of the acceptability of the Work. The City’s Representative also
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has the authority to accept or reject the Design Consultant’s recommendations regarding retention of defective work as provided.
2.3 Construction Manager
2.3.1 General - The Construction Manager is a representative of the City employed to act in construction matters related to the Contract.
All instructions to the Contractor and all communications from the Contractor to the City or the Design Consultant shall be forwarded through the Construction Manager. The Construction Manager will have authority to act on behalf of the City only to the extent provided in the Contract Documents. The City has delegated its authority to the Construction Manager to make initial decisions regarding questions which may arise as to the quality or acceptability of materials furnished and work performed, and as to the manner of performance and rate of progress of the work under the Contract. The Construction Manager shall interpret the intent and meaning of the Contract and shall make initial decisions with respect to the Contractor’s fulfillment of the Contract and the Contractor’s entitlement to compensation. The Contractor shall look initially to the Construction Manager in matters relating to the Contract.
The Construction Manager’s authority to act under Paragraph 00700-2.1, Administration of the Contract, and any decision made by it in good faith either to exercise or not to exercise such authority shall not give rise to any duty or responsibility of the City or Construction Manager to the Contractor, any subcontractor, any of their agents or employees, or any other person performing any of the Work.
2.3.2 Representative - The Construction Manager will be represented at the Site by a resident construction manager or resident engineer who will observe the progress, quality, and quantity of the Work to determine, in general, if the Work is proceeding in accordance with the intent of the Contract Documents. The Construction Manager shall not be responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the Work.
In accordance with the provisions detailed elsewhere in these General Conditions, the Construction Manager will make decisions relative to all matters of interpretation or execution of the Contract Documents.
2.3.3 Inspection of Construction - The Construction Manager shall have the authority to reject work and materials which do not conform to the Contract Documents, and to require special inspection or testing.
In addition to the resident construction manager or resident engineer, the Construction Manager may employ one or more inspectors to observe the Work and to act in matters of construction under this Contract. An inspector is not authorized to revoke, alter, or waive any requirements of the Specifications. The inspector is authorized to call the attention of the Contractor to any failure of the
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Work, materials or workmanship to conform to the Contract Documents. The inspector shall have the authority to reject materials or, in any emergency, suspend the Work. The Contractor may appeal any such issue which it disagrees with to the Construction Manager for decision.
2.3.4 Acceptability of the Work - The Construction Manager has the authority to make a recommendation as to the acceptability of the Work.
2.3.5 Change Orders - The Construction Manager has the authority to initiate change orders; to reject change orders proposed by the Contractor or Design Consultant; to negotiate and recommend acceptance of change orders; or to order minor changes in the Work at no cost to the City.
2.3.6 Construction Schedule - The Construction Manager has the authority to review and recommend acceptance of the progress schedule submitted by the Contractor at the start of the Work and subsequent significant revisions for conformance to the specified sequence of work and logic.
2.3.7 Progress Payments - The Construction Manager has the authority to recommend acceptance or rejection of requests for progress payments which have been submitted by the Contractor.
2.3.8 Final Payment - The Construction Manager, with the assistance of the Design Consultant will conduct inspections to determine the dates of substantial completion of the Work and final completion of the Work, and will receive and forward to the City, for the City’s review, written warranties, and related documents required by the Contract and assembled by the Contractor.
2.3.9 Early Possession - The Construction Manager has the authority to recommend early possession.
2.4 City Project Manager
2.4.1 General - The City Project Manager will have the authority to act on behalf of the City only to the extent provided in the Contract Documents.
2.4.2 Interpretations - The City Project Manager has the authority to be the initial interpreter of the technical requirements of the Contract Documents. Either party to the Contract may make written request to the Construction Manager for interpretations necessary for the proper execution or progress of the Work. The Construction Manager shall refer such written requests to the City Project Manager, who will render such interpretations. Where the Contractor has requested an interpretation from the Construction Manager, or been notified by the Construction Manager that such interpretation has been requested by the City, any work done before receipt of such interpretations, if not in accordance with same, shall be removed and replaced or adjusted as directed by the Construction Manager without additional expense to City.
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2.4.3 Acceptability of the Work - The City Project Manager has the authority to make a recommendation as to the acceptability of the Work. The City Project Manager has the authority to recommend acceptance regarding the retention of defective work.
2.4.4 Site Observations - The City Project Manager may visit the Site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the Work and to determine in general if the Work is proceeding in accordance with the Contract Documents. However, the City Project Manager will not be required to make extensive or continuous on-site inspections to check the quality or quantity of the Work.
2.4.5 Submittal - The Contractor shall submit, through the Construction Manager, all shop drawings, product data and samples for review in accordance with Section 01340, SHOP DRAWINGS, PRODUCT DATA AND SAMPLES.
The City Project Manager has the authority to review and take other appropriate action upon the Contractor’s submittals such as shop drawings, product data and samples, but only for conformance with the design concept of the Work and the information given in the Contract Documents.
3.0 CITY
3.1 General
The City, acting through the City’s Representative or the Construction Manager, shall have the authority to act as the sole judge of the Work and materials with respect to both quantity and quality as set forth in the Contract.
3.2 Attention to Work
The City shall notify the Contractor in writing of the name of the individual designated as the City’s Representative and the name of the individual designated by the Construction Manager to act as resident construction manager or resident engineer. The Construction Manager’s designated representative normally will be at the Site of the Work. During the representative’s absences, the Contractor may contact a previously designated representative of the Construction Manager.
3.3 Inspection
In addition to the resident construction manager or resident manager or resident engineer, the City may employ one or more inspectors to observe the Work and to act in matters of construction under this Contract. An inspector is not authorized to revoke, alter, or waive any requirements of the specifications. The inspector is authorized to call the attention of the Contractor to any failure of the Work or materials to conform to the Contract Documents. The inspector shall have the authority to reject material or, in any emergency, suspend the Work. The Contractor may appeal any such issue which it disagrees with to the Construction Manager for its decision.
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Separate and independent from the inspection above, the project may be inspected by Building Officials for code compliance. Such inspectors shall have the authority provided to them by local jurisdiction.
3.4 City’s Right to Carry Out the Work
If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents, and fails within 48 hours after receipt of written notice from the City to commence and continue correction of such default or neglect with diligence and promptness, the City may, after 48 hours following receipt by the Contractor of an additional written notice and without prejudice to any other remedy make good such deficiencies.
The City also reserves the right to perform any portion of the work due to an emergency threatening the safety of the Work, public, City, and any property or equipment. In either case an appropriate Change Order shall be issued unilaterally deducting from the payments then or thereafter due the Contractor all direct, indirect and consequential costs and damages of correcting such deficiencies and/or for performing such work, including without limitation compensation for the Design Consultant’s, the Construction Manager’s, and City’s additional services made necessary by such default, neglect, failure or emergency.
3.5 City’s Right to Use or Occupy
The City reserves the right, prior to Substantial Completion, to occupy, or use, any completed part or parts of the Work, providing these areas have been approved for occupancy by the City. The exercise of this right shall in no way constitute an acceptance of such parts, or any part of the Work, nor shall it in any way affect the dates and times when progress payments shall become due from the City to the Contractor or in any way prejudice the City’s rights in the Contract, or any bonds guaranteeing the same. The Contract shall be deemed completed only when all the Work contracted has been duly and properly performed and accepted by the City.
Prior to such occupancy or use, the City and Contractor shall agree in writing regarding the responsibilities assigned to each of them for payments, security, maintenance, heat, utilities, damage to the Work, insurance, the period for correction of the Work, and the commencement of warranties required by the Contract Documents.
In exercising the right to occupy or use completed parts of the Work prior to the Substantial Completion thereof, the City shall not make any use which will materially increase the cost to the Contractor, without increasing the Contract Amount, nor materially delay the completion of the Contract, without extending the time for completion.
The part or parts of the Work, if any, which the City anticipates the use or occupancy of prior to Substantial Completion are noted in Paragraph 01010-3.0,
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OCCUPANCY REQUIREMENTS. Failure to include a part of the Work in the above section, shall not limit the City’s right to use or occupy parts of the Work not listed.
3.6 City’s Right to Perform Work and to Award Separate Contracts The City reserves the right to perform the work related to the Project with the City’s own forces, and to award separate Contracts in connection with the Project or other work on the Site under these or similar Conditions of the Contract. If the Contractor claims that delay, damage, or additional cost is involved because of such action by the City, the Contractor shall make such claim as provided elsewhere in the Contract Documents. When separate Contracts are awarded for different portions of the Project or other work on the Site, the term “Contractor” in the Contract Documents in each case shall mean the Contractor who executes each separate Agreement.
The City will provide for the coordination of the work of the City’s own forces and of each separate Contractor with the Work of the Contractor, who shall cooperate therewith as provided in Paragraph 00700-4.8.3, Cooperation.
4.0 CONTRACTOR
4.1 Office
The Contractor’s office at the Project Site is hereby designated as the legal address of the Contractor for the receipt of documents, samples, notices, letters, and other articles of communication.
4.2 Contractor’s Representative
The Contractor shall notify the City in writing of the name of the person who will act as the Contractor’s representative and shall have the authority to act in matters relating to this Contract. The Contractor, acting through its representative, shall give personal attention to, and shall manage the Work, so that it shall be prosecuted faithfully. The Contractor’s representative shall be an employee of the Contractor. Upon written request of the Contractor, the City may waive this requirement. The City’s waiver, if granted, will be in writing. There is no obligation by the City to waive this provision regardless of the effect on the Contractor’s operations.
At all times during the progress of the Work, the Contractor’s representative shall be personally present at the Project site, or a designated alternate shall be at the Project site who has the authority to act in matters relating to the Contract. The Contractor’s representative or designated alternate shall have the authority to carry out the provisions of the Contract and to supply materials, equipment, tools, and labor without delay for the performance of the Work. If neither the Contractor’s representative or a designated alternate is at the Project site, the City acting through the Construction Manager shall have the authority as provided in
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Paragraph 00700-6.6, Temporary Suspension of Work, to suspend the work until such a representative is at the Project site.
Before initial work is begun on the Contract, the Contractor shall file with the Construction Manager, addresses and telephone numbers where the Contractor’s and all subcontractors’ representatives can be reached during all hours, including nights and weekends when work is not in progress.
4.3 Construction Procedures
The Contractor will supervise and direct the work. The Contractor has the authority to determine the means, methods, techniques, sequences, and procedures of construction, except in those instances where the City, to define the quality of an item of work, specifies in the Contract, a means, method, technique, sequence, or procedure for construction of that item of Work.
4.4 Contractor’s Employees
The Contractor shall be responsible for the adequacy, efficiency, and sufficiency of its employees. Workers shall have sufficient knowledge, skill, and experience to perform properly the work assigned to them.
The Contractor shall employ only competent, skillful workers to perform the Work.
If any subcontractor or person employed by the Contractor or its subcontractors, appear to the Construction Manager to be incompetent or act in a disorderly or improper manner, such person or subcontractor shall be discharged from the site immediately by the Contractor upon written direction of the Construction Manager, and such person shall not again be employed on the Project.
The Contractor is reminded that he is an integral part of a city service. All public contact shall be courteous, congenial, and informational only. Discourtesy cannot be tolerated.
4.5 Subcontractors
Subcontractors will not be recognized as having a direct relationship with the City.
The persons engaged in the Work, including employees of subcontractors and suppliers, will be considered employees of the Contractor. The Contractor will be responsible for their work and their work shall be subject to the provisions of the Contract. The Contractor is as fully responsible to the City for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by them as the Contractor is for the acts and omissions of persons directly employed by the Contractor. Nothing contained in the Contract Documents shall create any contractual relation between any subcontractor and the City.
References in the Contract Document to actions required of subcontractors, manufacturers, suppliers, or any party other than the Contractor, the City, the Construction Manager, or the Design Consultant shall be interpreted as requiring that the Contractor shall require such subcontractor, manufacturer, supplier, utility
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company, or party to perform the specified action, unless the Contract Documents specifically state that the Work is not included in the Contract.
The Contractor shall not employ any subcontractors that are not properly licensed in accordance with State law. Prior to commencement of any work by a subcontractor, the Contractor shall submit verification to the Construction Manager that the subcontractor is properly licensed for the work it will perform. Changes to subcontractors listed in the Bid in accordance with Public Contract Code 4100 et. seq., shall be made only with the approval of the City.
4.6 Contractor’s Equipment and Facilities
The Contractor shall furnish and maintain in good condition all equipment and facilities as required for the proper execution and inspection of the Work. Such equipment and facilities shall meet all requirements of applicable ordinances and laws.
4.7 Public Safety and Convenience
The Contractor shall conduct its work so as to insure the least possible obstruction to traffic and inconvenience to the general public and the residents in the vicinity of the Work and to insure the protection of persons and property at no extra cost to the City. The Contractor shall have under construction no greater length or amount of work than it can prosecute properly with due regard to the rights of the public.
4.8 City-Contractor Coordination
4.8.1 Service of Notice - Notice, order, direction, request, or other communication given by the Construction Manager or City to the Contractor shall be deemed to be well and sufficiently given to the Contractor if delivered to the Contractor’s Representative designated in Paragraph 00700-4.2, Contractor’s Representative, to the Contractor’s office designated in Paragraph 00700-4.1, Office, or to the Contractor’s address provided in the Bid Proposal.
4.8.2 Suggestions to Contractor - Plans or methods of work suggested by the City, the Construction Manager, or the Design Consultant to the Contractor, but not specified or required, if adopted or followed by the Contractor in whole or in part, shall be used at the risk and responsibility of the Contractor. The City, and Construction Manager, or the Design Consultant assume no responsibility therefor, and in no way will be held liable for any defects in the Work which may result from or be caused by use of such plan or method of work.
4.8.3 Cooperation - The Contractor shall afford the City, the Construction Manager and separate contractors reasonable opportunity for the introduction and storage of their materials and equipment and the execution of their work, and shall connect and coordinate the Work with theirs as required by the Contract Documents.
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If any part of the Contractor’s Work depends for proper execution or results upon the work of the City or any separate contractor, the Contractor shall, prior to proceeding with the Work, promptly report to the Construction Manager any apparent discrepancies or defects in such other work that render it unsuitable for such proper execution and results. Failure of the Contractor to so report shall constitute an acceptance of the City’s or separate contractor’s work as fit and proper to receive the Work, except as to latent defects which subsequently become apparent in such work by others.
If requested by the Contractor, the City shall arrange meetings with other contractors performing work on behalf of the City to plan coordination of construction activities. The City shall keep the Contractor informed of the planned activities of other contractors.
Differences and conflicts arising between the Contractor and other contractors employed by the City or between the Contractor and the workers of the City with regard to their work, shall be submitted to the City for its decision in the matter. If such separate contractor sues the City on account of any delay or damage alleged to have been caused by the Contractor, the City shall notify the Contractor who shall, at the City’s election, defend such proceedings at the Contractor’s expense.
If any judgment or award against the City arises from any such litigation whether defended by City or by Contractor, the Contractor shall pay or satisfy said judgment or award and shall reimburse the City for all attorney’s fees and court costs which the City has incurred or for which it is liable.
4.9 Contractor’s Responsibility for the Work and Materials Until acceptance of the Work, the Contractor shall have the charge and care of the Work and of the materials to be used therein and shall bear the risk of injury, loss, or damage, to any part thereof (regardless of whether partial payments have been made on such damaged portions of the Work) by the action of the elements or from any other cause, whether or not arising from the non-execution of the Work. The Contractor shall rebuild, repair, restore, and make good all injuries, losses, or damages to any portion of the Work or the materials occasioned by any cause before its completion and acceptance and shall bear the expense thereof, except for such injuries, losses, or damages as are directly and approximately caused by acts of the City.
4.10 Laws to be Observed
The Contractor shall keep fully informed of all existing and future County, State, and National laws and regulations and all municipal ordinances and regulations of the City which in any manner affect those engaged or employed in the Work and of all such orders and decrees of bodies having any jurisdiction or authority over the same; and shall protect and indemnify the City and all of its officers, agents, and servants against any claim or liability arising from or based on the violation of any such laws, ordinances, regulations, orders, or decrees whether by the Contractor or its employees. If any discrepancy or inconsistency is discovered in the plans, drawings, specifications or Contract for the Work in relation to any such
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law, ordinance, regulations, order or decree, the Contractor shall immediately report the same to the Construction Manager in writing.
4.10.1 Prevailing Wage - In accordance with Section 1770 of the Labor Code, the City has ascertained and does hereby specify that the prevailing wage rates shall be those provided by the California Division of Labor Statistics & Research. The said rates shall include all employer payments that are required by Section 1773.1 of the Labor Code. It shall be the duty of the Contractor to post a copy of such prevailing wages at the job site. Prevailing wage information may be obtained at www.dir.ca.gov.
For each worker paid less than the stipulated rate in the execution of the Contract by the Contractor, or any subcontractor under the Contractor, in violation of the provisions of the Labor Code, and in particular, Section 1770 to Section 1780, inclusive, the Contractor shall be subject to the provisions and penalties of Section 1775 of the Labor Code. In addition to said penalty, and pursuant to said Section 1775, the difference between such stipulated prevailing wage rates and the amounts paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the stipulated prevailing rate shall be paid to each worker by the Contractor. The wage rates set forth are the minimum that may be paid by the Contractor. Nothing herein contained shall be construed as preventing the Contractor from paying more than the minimum set forth.
No extra compensation whatever shall be allowed by the City due to the inability of the Contractor to hire labor at the minimum rate nor for any necessity for payment by the Contractor for subsistence, travel time, overtime, or other added compensation, all of which possibilities are elements to be considered and ascertained to the Contractor’s own satisfaction in preparing the bid.
If it becomes necessary to employ a craft other than those listed, the Contractor shall notify the City immediately and the City will obtain the additional prevailing rate from the Director of the Department of Industrial Relations and the rate thus determined shall be applicable as a minimum at the time of initial employment.
The Contractor shall pay travel and subsistence payments to workers needed to execute the work as such travel and subsistence payments are defined in the applicable collective bargaining agreement filed with the Department of Industrial Relations pursuant to Labor Code Section 1773.8.
4.10.2 Certified Payrolls - In accordance with Section 1776 of the Labor Code, each Contractor and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time, and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the project.
The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis:
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a. A certified copy of an employee’s payroll record shall be made available for inspection or furnished to the employee or his or her authorized representative on request.
b. A certified copy of all payroll records shall be made available for inspection or furnished upon request to a representative of the City, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations.
c. A certified copy of all payroll records shall be made available upon request by the public in accordance with Section 1776 of the Labor Code.
The Contractor is responsible for its and its subcontractors compliance with the provisions of Section 1776 of the Labor Code.
4.10.3 Overtime Requirements - The Contractor shall forfeit, as a penalty to the City, the penalty as provided in Section 1813 of the Labor Code for each worker employed in the execution of the Contract by the Contractor, or any subcontractor under the Contractor, for each day during which such worker is required or permitted to work more than eight (8) hours in any one day and forty (40) hours in any one week, in violation of the provisions of the Labor Code, and in particular, Section 1810 to Section 1815 thereof, inclusive, except that work performed by employees of Contractors in excess of eight (8) hours a day and forty (40) hours during one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day, at not less than one and a half (1 1/2) times the basic rate of pay as provided for in Section 1815 of the Labor Code.
4.10.4 Apprenticeship Program - Attention is directed to Sections 1777.5, 1777.6 and 1777.7 of the California Labor Code and Title 8, California Administrative Code, Section 200 et. seq. to ensure compliance and complete understanding of the law regarding apprentices.
Section 1777.5 requires the Contractor or subcontractors employing tradespersons in any apprenticeable occupation to comply with the ratio of journeyman hours to apprentice hours set forth therein. The Contractor may apply to an apprenticeship program that can provide apprentices to the site of the project for a certificate of approval. The Contractor and subcontractors are required to submit contract award information to the applicable apprenticeship program. As provided for in Section 1777.5 of the Labor Code, the Contractor is required to make contributions to funds established for the administration of apprenticeship programs.
It shall be the responsibility of the Contractor to abide by the provisions of Section 1777.5 of the Labor Code and to require all subcontractors employed by or contracting with the Contractor to abide by said provisions. The Contractor shall furnish any and all evidence of compliance with this code section when requested by the City.
For failure to comply with Section 1777.5 of the Labor Code, the Contractor shall be subject to the penalties in Section 1777.7 of the Labor Code.
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4.10.5 Workers’ Compensation Insurance - The Contractor is required to secure the payment of compensation to its employees in accordance with the provisions of Sections 1860 and 3700 of the Labor Code and Paragraph 00810-2.4, Workers’ Compensation Insurance.
4.11 Safety
4.11.1 Contractor’s Safety Responsibility - The Contractor shall be solely and completely responsible for conditions of the jobsite, including safety of all persons and property during performance of the work. This requirement shall apply continuously and not be limited to normal working hours. Safety provisions shall conform to U.S. Department of Labor (OSHA), the California Occupational Safety and Health Act, and all other applicable Federal, State, County, and local laws, ordinances, codes, the requirements set forth below, and any regulations that may be detailed in other parts of these Contract Documents. Where any of these are in conflict, the more stringent requirement shall be followed.
No provision of the Contract Documents shall act to make the City, the Construction Manager or any other party than the Contractor responsible for safety. The Construction Manager shall not have authority for safety on the project.
The Contractor shall indemnify, defend and hold harmless the City, Construction Manager, or other authorized representatives of the City, from and against any and all actions, damages, fines, suits, and losses arising from the Contractor’s failure to meet all safety requirements and/or provide a safe work site.
If death or serious injuries or serious damages are caused, the accident shall be reported immediately by telephone or messenger to both the Construction Manager and the City. In addition, the Contractor must promptly report in writing to the Construction Manager all accidents whatsoever arising out of, or in connection with, the performance of the Work whether on, or adjacent to, the Site, giving full details and statements of witnesses. The Contractor shall make all reports as are, or may be, required by any authority having jurisdiction, and permit all safety inspections of the work being performed under this Contract.
If a claim is made by anyone against the Contractor or any subcontractor on account of any accident, the Contractor shall promptly report the facts in writing to the Construction Manager, giving full details of the claim.
4.11.2 Safety Program - The Contractor shall establish, implement, and maintain a written injury prevention program as required by Labor Code Section 6401.7.
Before beginning the Work the Contractor shall prepare and submit to the Construction Manager a Contractor Safety Program that provides for the implementation of all of the Contractor’s safety responsibilities in connection with the Work at the site and the coordination of that program and its associated procedures and precautions with safety programs, precautions and procedures of each of its subcontractors and other prime Contractors performing work at the site.
The Contractor shall be solely responsible for initiating, maintaining, monitoring,
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coordinating, and supervising all safety program, precautions, and procedures in connection with the Work and for coordinating its programs, precautions, and procedures of the other prime contractors and subcontractors performing the Work at the site. The Safety Program should contain all the necessary elements for the Contractor to administer its program on site. At a minimum, this written Safety Program shall address the elements required by Labor Code Section 6401.7. The program shall also address the following:
A. Compliance with Laws, Rules, and Regulations
B. Infractions of Safety Rules
1. Reported to Contractor’s designated Safety Supervisor
2. Time correction
3. Contractor to enforce safety requirements on its subcontractors
4. Noncomplying employees to be removed from the Project C. Housekeeping
1. Continuous cleaning required
2. Final clean up required
D. Means of Implementing the Program
1. All new employees to receive training on the Contractor’s Safety Program prior to starting work.
2. Periodic tool box meetings with agenda recorded
3. Documented safety inspections by Safety Supervisor
4. Establish emergency procedures and telephone numbers including the procedure for the immediate removal to a hospital or a doctor’s care of persons who may be injured on the jobsite. The Contractor shall maintain at its office or other well-known place at the Site safety equipment applicable to the Work as prescribed by the aforementioned authorities, and all items necessary for giving first aid to the injured.
5. Project bulletin board with required policies
6. Maintain a current First Aid card issued by an agency such as the American Red Cross.
7. Completion of a job hazard analysis for specific construction activities.
8. Establish a hazard communication program for informing the Contractor’s and subcontractor’s personnel, Construction Manager, City, and other affected parties of specific hazards on the project.
E. Define the duties and responsibilities of Contractor management personnel for safety.
1. Project Manager
2. General Superintendent
3. Foreman
4. Safety Supervisor
F. Accident Investigation
1. Investigate all accidents and near misses.
2. Develop steps to prevent a recurrence.
3. Completion of all reporting paperwork.
The Contractor’s compliance with requirements for safety and/or the Construction Manager’s review of the Contractor’s Safety Program shall not relieve or decrease
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the liability of the Contractor for safety. The Construction Manager’s review of the Contractor’s Safety Program is only to determine if the above listed elements are included in the program.
4.11.3 Safety Supervisor - The Contractor shall appoint an employee as safety supervisor who is qualified and authorized to supervise and enforce compliance with the Safety Program. The Contractor shall notify the Construction Manager in writing prior to the commencement of work of the name of the person who will act as the Contractor’s safety supervisor and furnish the safety supervisor’s resume to the Construction Manager.
The Contractor will, through and with his Safety Supervisor, ensure that all of its employees and its subcontractors of any tier, fully comply with the Project Safety Policies. The Safety Supervisor shall be a full-time employee of the Contractor whose responsibility shall be for supervising compliance with applicable safety requirements on the work site and for developing and implementing safety training classes for all job personnel. The City shall have the authority to require removal of the Contractor’s Safety Supervisor if the representative is judged to be improperly or inadequately performing the duties; however, this authority shall not in any way affect the Contractor’s sole responsibility for performing this work safely, nor shall it impose any obligation upon the City to ensure the Contractor perform its work safely.
4.11.4 Safety Coordination Meetings - The Contractor and its affected subcontractors shall attend safety coordination meetings with the Construction Manager and any other affected parties. The meeting shall be held at least monthly and prior to the start of new construction activities.
Construction activities will be reviewed prior to the start of work in the various areas to determine potential hazards. The Contractor will be responsible for preparing job hazard analyses to breakdown the activities to be performed in a step-by-step procedure and provide safety guidelines for each step and any special equipment necessary to protect workers. The Contractor will act as facilitator for the meeting.
The Construction Manager will participate in the Safety coordination meetings but will not direct the Contractor on how to perform its safety operations.
4.11.5 Safety and Protection - The Contractor shall take all necessary protection to prevent damage, injury, and loss to:
• All employees on the Project, employees of all subcontractors, and other persons and organizations who may be affected thereby;
• All the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and
• Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and underground facilities not designated for removal, relocation, or replacement in the course of construction.
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The Contractor shall comply with all applicable laws and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss and shall erect and maintain all necessary safeguards for such safety and protection. The Contractor shall notify City of adjacent property and of underground facilities and utility City when prosecution of the Work may affect them and shall cooperate with them in the protection, removal, relocation, and replacement of their property. All injury or loss to any property caused, directly or indirectly, in whole or in part, by the Contractor, any subcontractor, supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by the Contractor.
4.11.6 Excavation Safety - In accordance with the provisions of Section 6705 of the Labor Code, the Contractor shall submit, in advance of excavation five feet or more in depth, detailed plans showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from hazard of caving ground during such excavation. If such plans vary from the shoring system standards set forth in the Construction Safety Orders in Title 8, California Code of Regulations, the plans shall be prepared and signed by a registered civil or structural engineer. Shoring, bracing, sloping, or other protective system shall not be less effective than required by the California Construction Safety Orders. The City’s review of the Contractor’s excavation plan is only for general conformance to the California Construction Safety Orders.
Prior to commencing any excavation, the Contractor shall designate in writing to the Construction Manager the “competent person(s)” with the authority and responsibilities designated in the Construction Safety Orders.
4.11.7 Safety Emergencies - In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, the Contractor, without special instruction or authorization from the Construction Manager, is obligated to act to prevent threatened damage, injury or loss. The Contractor shall give the Construction Manager prompt written notice if the Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby.
4.11.8 Safety Violations - Should the Contractor fail to correct an unsafe condition, the Construction Manager shall immediately notify the City of the Contractor’s failure to correct the unsafe condition. The City shall then notify the Contractor through the Construction Manager that the unsafe condition must be corrected or the work in question will be stopped in accordance with Section 00700-6.6.1, Temporary Suspension of Work until the condition is corrected to the satisfaction of the City.
No extension of time or additional compensation will be granted as a result of any stop order so issued. The notification and suspension of such work or the failure to provide such notification and suspension by the Construction Manager and City shall not relieve the Contractor of its sole responsibility and liability for safety.
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The City shall have the authority to require the removal from the project of the foreman and/or superintendent in responsible charge of the work where safety violations occur.
4.11.9 Equipment Safety Provisions - The completed Work shall include all necessary permanent safety devices, such as machinery guards and similar ordinary safety items, required by the State and Federal (OSHA) industrial authorities and applicable local and national codes. Further, any features of the Work, including selected equipment, subject to such safety regulations shall be fabricated, furnished, and installed in compliance with these requirements. All equipment furnished shall be grounded and provided guards and protection as required by safety codes. Where vapor-tight or explosion-proof electrical installation is required by safety codes, this shall be provided. Contractors and manufacturers of equipment shall be held responsible for compliance with the requirements included herein. The Contractor shall notify all equipment suppliers and subcontractors of the provisions of this paragraph.
4.11.10 COVID-19 Safety Plan and Program – Contractor shall comply with all regulations set by all local, state, and federal agencies regarding COVID-19, including but not limited to, Santa Clara County, State of California, and Cal/OSHA. The Contractor shall determine which safety protocols defined by the Santa Clara County Health Department are applicable to this project and follow all requirements of those protocols, as needed.
Payment for compliance with this section is deemed to be included in the various items of work and no additional compensation will be allowed therefor.
4.12 Municipal License
In addition to all other requirements set forth in the Contract Documents, the Contractor must obtain and keep in force throughout the progress of the Work, a municipal license issued by the City of Gilroy. Concurrent with delivery of the executed Agreement, the Contractor shall furnish a copy of such license.
4.13 Conflict of Interest
In the procurement of supplies, equipment, construction, and services by subrecipients, the conflict of interest provisions in 24 CFR 85.36, OMB Circular A-110, and 24 CFR 570.611, respectively, shall apply. No employee, officer or agent of the sub-recipient shall participate in selection, or in the award or administration of a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved.
5.0 CONTROL OF WORK AND MATERIALS
5.1 Means and Methods
It is expressly stipulated that the drawings, specifications and other Contract Documents set forth the requirements as to the nature of the completed Work and do not purport to control the method of performing work except in those instances
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where the nature of the completed Work is dependent on the method of performance.
Except as provided elsewhere in the Contract Documents, neither the City, Design Consultant nor the Construction Manager will be responsible for or have control or charge of construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work. Except as provided elsewhere in the Contract Documents, neither the City, Design Consultant nor the Construction Manager will be responsible for or have control or charge over the acts or omissions of the Contractor, or any of their subcontractors, agents or employees, or any other persons performing any of the Work. Any general control of the Work exercised by the City or its authorized representatives shall not make the Contractor an agent of the City, and the liability of the Contractor for all damages to persons and/or to public or private property arising from the Contractor’s execution of the Work shall not be lessened because of such general control.
Neither the inspection by the City, Design Consultant, or Construction Manager, nor any order, measurement, approved modification, or payment of monies, nor acceptance of any part or whole of the Work by the City, Design Consultants, Construction Manager, or their agents shall operate as a waiver of any provision of the Contract.
Acceptance by the Construction Manager, City and/or Design Consultant of any drawings, or any information regarding materials and equipment the Contractor proposes to furnish or method of work shall not be regarded as an assumption of risks or liability by the Construction Manager, Design Consultant, or the City, or any officer or employee thereof, and the Contractor shall have no claim under the Contract on account of the failure or partial failure or inefficiency or insufficiency of any plan or method of work or material and equipment so accepted. Such acceptance shall be considered to mean merely that the Construction Manager, City, and/or Design Consultant has no objection to the Contractor using, upon its own full responsibility, the plan or method of work proposed, or furnishing the materials and equipment proposed.
5.2 City-Furnished Materials
Materials, if furnished by the City, will be made available as designated in the General Requirements. The cost of loading, unloading, hauling and handling, and placing City-furnished materials shall be considered as included in the price bid for the Contract item involving such City-furnished material.
Contractor shall inspect and assure itself of the amount and soundness of such materials.
The Contractor will be held responsible for all materials furnished to it, and shall pay all demurrage and storage charges. City-furnished materials lost or damaged from any cause whatsoever shall be replaced by the Contractor. The Contractor
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will be liable to the City for the cost of replacing City-furnished material and such costs may be deducted from any monies due or to become due the Contractor.
5.3 Defective and Unauthorized Work
Materials or workmanship that is unsatisfactory, faulty or deficient; or that does not conform to the Contract Documents; or that does not meet the requirements of any inspection, reference standard, test, or approval referred in the Contract Documents; or work that has been damaged prior to the Construction Managers recommendation of final payment; shall be considered defective and will be subject to rejection. Defective work or material, whether in place or not, shall be removed immediately from the Site by the Contractor, at its expense, when so directed by the Construction Manager.
Any work done beyond the limits of work, lines, and grades shown on any approved plans or established by the Construction Manager, or any extra work done without written authority, will be considered as unauthorized and will not be paid for.
Upon failure on the part of the Contractor to comply with any order of the Construction Manager made under the provisions of this Paragraph 00700-5.3, Defective or Unauthorized Work, the Construction Manager shall have authority to cause defective work to be remedied, or removed and replaced, and unauthorized work to be removed, and to deduct the costs thereof from any monies due or to become due the Contractor. The time, cost and compliance requirements stipulated in Paragraph 00700-3.4, City’s Right to Carry Out the Work, shall apply for this Paragraph 00700-5.3, Defective or Unauthorized Work also.
Contractor shall bear all direct, indirect and consequential costs and damages due to defective work or materials, whether or not the defective work or materials are corrected or accepted with a reduction in the Contract Price, including without limitation compensation for the Design Consultants, the Construction Managers and City’s additional services made necessary by such defective work or materials, notwithstanding any other provision of the Contract Documents.
If laws or regulations of any public body having jurisdiction other than the City require any work to specifically be inspected, tested, or approved, the Contractor shall pay all costs in connection therewith. The Contractor shall also be responsible for and shall pay all costs in connection with any inspection or testing required in connection with the City’s or the Construction Managers acceptance of a supplier of materials or equipment proposed as a substitution or equal to be incorporated in the Work, or of materials or equipment submitted for review prior to the Contractors purchase thereof for incorporation in the Work. The cost of all inspections, tests, and approvals in addition to the above which are required by the Contract Documents shall be paid by the City (unless otherwise specified), except for the cost of any reinspection or retesting made necessary by the Work not complying with the Contract Documents, the cost of which shall be borne by the Contractor.
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The Construction Manager will make, or have made, such inspections and tests as the Construction Manager deems necessary to see that the Work is being accomplished in accordance with the requirements of the Contract Documents.
Unless otherwise specified in the Supplementary Conditions or elsewhere in the Contract Documents, the cost of such inspection and testing will be borne by the City. If such inspections or tests reveal non-compliance with the requirements of the Contract Documents, the Contractor shall bear the cost of corrective measures deemed necessary by the Construction Manager, as well as the cost of subsequent reinspection and retesting. Neither observations by the Construction Manager nor inspections, tests, or approvals by others shall relieve the Contractor from the Contractors obligation to perform the Work in accordance with the Contract Documents.
All inspections, tests, or approvals other than those required by laws or regulations of any public body having jurisdiction shall be performed by organizations acceptable to the Construction Manager.
If any Work (including the work of others) that is to be inspected, tested, or approved is covered without written concurrence of the Construction Manager, it must, if requested by the Construction Manager, be uncovered for observation.
Such uncovering shall be at the Contractors expense unless the Contractor has given the Construction Manager timely notice (which in no event shall be less than two (2) full work days prior to any such performance or covering, as applicable), the Contractor’s intention to cover the same and the Construction Manager has not acted with reasonable promptness in response to such notice.
If any Work is covered contrary to the written request of the Construction Manager, it must, if requested by the Construction Manager, be uncovered by the Contractor for the Construction Managers observation and replaced by the Contractor, all at the Contractors expense.
If the Construction Manager considers it necessary or advisable that covered Work be observed by the Construction Manager or inspected or tested by others, the Contractor, at the Construction Managers request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as the Construction Manager may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. If it is found that such Work is defective, the Contractor shall bear all direct, indirect, and consequential costs and damages of such uncovering, exposure, observation, inspection, and testing and of satisfactory reconstruction, including but not limited to fees and charges of Construction Manager, Design Consultant and other professionals. However, if such Work is not found to be defective, the Contractor shall be allowed an appropriate increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, and reconstruction; and if the parties are unable to agree as to the amount
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or extent thereof, the Contractor may make a claim therefor as provided in Paragraph 00700-7.3.2, Claims.
5.4 Unnoticed Defects
Any defective work or material that may be discovered by the City, Construction Manager, or Design Consultant before the final acceptance of the Work, or before final payment has been made, or during the warranty period, shall be removed and replaced by work and materials which shall conform to the provisions of the Contract Documents. Failure on the part of the City, Construction Manager, or Design Consultant to condemn or reject bad or inferior work or materials shall not be construed to imply acceptance of such work or materials.
5.5 Right to Retain Imperfect Work
If any part or portion of the work performed or material furnished under this Contract shall prove defective and not in accordance with the Drawings and Specifications, and if the imperfection in the same shall not be of sufficient magnitude or importance as to make the work dangerous or unsuitable, or if the removal of such work will create conditions which are dangerous or undesirable, the City shall have the right and authority to retain such work but shall make such deductions in the final payment therefor as may be just and reasonable.
6.0 PROGRESS OF THE WORK
6.1 Beginning of Work
The Contractor shall begin work within ten (10) days of the effective date of the Notice to Proceed and shall diligently prosecute the same to completion within the time required by the Contract Documents.
Should the Contractor begin work in advance of receiving Notice to Proceed, any work performed in advance of the said date of approval shall be considered as having been done by the Contractor at its own risk and as a volunteer.
6.2 Time of Completion
Time shall be of the essence of the Contract. The Contractor shall prosecute the work so that the various portions of the project shall be complete and ready for use within the time specified in Paragraph 00800-2.0, TIME ALLOWED FOR COMPLETION.
6.3 Delays
6.3.1 Notice of Delays - When the Contractor foresees a delay in the prosecution of the Work and, in any event, immediately upon the occurrence of a delay, the Contractor shall notify the Construction Manager in writing of the probability of the occurrence and the estimated extent of the delay, and its cause. The Contractor shall take immediate steps to prevent, if possible the occurrence or continuance of the delay. The Contractor agrees that no claim shall be made for delays which are
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not called to the attention of the Construction Manager at the time of their occurrence.
6.3.2 Non-excusable Delays - Non-excusable delays in the prosecution of the Work shall include delays which could have been avoided by the exercise of care, prudence, foresight, and diligence on the part of the Contractor or its subcontractors, at any tier level, or suppliers.
6.3.3 Excusable Delays - Excusable delays in the prosecution or completion of the Work shall include delays which result from causes beyond the control of the Contractor and City and which could not have been avoided by the exercise of care, prudence, foresight, and diligence on the part of the Contractor or its subcontractors, at any tier level, or suppliers.
6.3.3.1 Abnormal Delays - Delays caused by acts of god, fire, unusual storms, floods, tidal waves, earthquakes, strikes, labor disputes, freight embargoes, and shortages of materials shall be considered as excusable delays insofar as they prevent the Contractor from proceeding with at least seventy-five (75) percent of the normal labor and equipment force for at least five (5) hours per day toward completion of the current critical activity item(s) on the latest favorably reviewed progress schedule.
6.3.3.2 Weather Delays - Should inclement weather conditions or the conditions resulting from weather prevent the Contractor from proceeding with seventy-five (75) percent of the normal labor and equipment force engaged in the current critical activity item for a period of at least five (5) hours per day toward completion of such operation or operations, and the crew is dismissed as a result thereof, it shall be a weather delay day. The Contractor may be granted a time extension pursuant to Paragraph 00700-6.4.2.c, Weather Delays. Weather delays are not compensable.
6.3.3.3 Material Shortages - Upon the submission of satisfactory proof to the Construction Manager by the Contractor, shortages of material will be acceptable as grounds for granting a time extension. In order that such proof may be satisfactory and acceptable to the Construction Manager, it must be demonstrated by the Contractor that the Contractor has made every effort to obtain such materials from all known sources within reasonable reach of the proposed Work. Only the physical shortage of material, caused by unusual circumstances, will be considered under these provisions as a cause for extension of time, and no consideration will be given to any claim that material could not be obtained at a reasonable, practical, or economical cost or price, unless it is shown to the satisfaction of the Construction Manager that such material could have been obtained only at exorbitant prices entirely out of line with current rates, taking into account the quantities involved and usual practices in obtaining such quantities. A time extension for shortage of material will not be considered for material ordered or delivered late or whose availability is affected by virtue of the mishandling of procurement. The above provisions apply equally to equipment to be installed in the work.
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6.3.4 Compensable Delays - Compensable delays in the prosecution or completion of the Work shall include only those delays that occur through no fault of the Contractor and prevent the Contractor from proceeding with at least seventy-five (75) percent of the normal labor and equipment force for at least five (5) hours per day toward completion of the current critical activity item(s) on the latest favorably reviewed progress schedule and which are due to the following cause(s) only:
a. Delays due solely to the actions and/or inactions of the City. b. Delays due to differing site conditions as defined in Paragraph 00700-7.2, Differing Site Conditions.
c. Delays due to other Contractors employed by the City who interfere with the Contractor’s prosecution of the Work as defined above.
6.3.5 Concurrent Delays - Concurrent delays are those delay periods when the prosecution of the Work is delayed during the same period of time due to causes from a combination of the delays defined in Paragraphs 00700-6.3.2, NonExcusable Delays, 00700-6.3.3, Excusable Delays, or 00700-6.3.4, Compensable Delays. During such concurrent delay periods, time extensions will be granted in accordance with Paragraph 00700-6.4, Time Extensions; however, the Contractor shall not be compensated for its overhead costs as defined in Paragraph 00700-6.4.3, Indirect Overhead, and the City shall not assess its actual costs as defined in Paragraph 00700-6.4.1, Non-excusable Delays.
6.4 Time Extensions
6.4.1 Non-excusable Delays - The City may grant an extension of time for nonexcusable delays if the City deems it is in its best interest. If the City grants an extension of time for non-excusable delays, the Contractor agrees to pay the City’s actual costs, including without limitation charges for engineering, inspection and administration incurred during the extension. Contractor shall not be entitled to any compensation if the City chooses to grant an extension of time for non-excusable delays.
6.4.2 Excusable or Compensable Delays - If the Contractor is delayed in the performance of its work as defined in Paragraphs 00700-6.3.3, Excusable Delays, or 00700-6.3.4, Compensable Delays, then the Contract completion date may be extended by the City at its sole reasonable discretion for such time that, in the City’s and Construction Manager’s determination, the Contractor’s completion date will be delayed, provided that the Contractor strictly fulfills the following:
a. The Contractor shall provide notification, in accordance with Paragraph 00700-
6.3.1, Notice of Delays, and submit in writing a request for an extension of time to the Construction Manager stating at a minimum the probable cause of the delay and the number of days being requested. The time extension request shall be submitted in accordance with the requirements of Paragraph 01310-6.0, TIME IMPACT ANALYSES.
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b. If requested by the Construction Manager, the Contractor shall promptly provide sufficient information to the Construction Manager to assess the cause or effect of the alleged delay, or to determine if other concurrent delays affected the work. c. Weather Delays. The Contractor will be granted a non-compensable time extension for weather caused delays, pursuant to Paragraph 00700-6.3.3.2, Weather Delays, which exceeds the allowance as provided for in Paragraph 00810-4.0, WEATHER DELAYS. No time extensions for weather delays will be granted until the total number of weather days exceeds this allowance.
Time extensions will not be unreasonably withheld if the foregoing conditions are met.
Should the Contractor fail to fulfill any of the foregoing, which are conditions precedent to the right to receive a time extension, the Contractor waives the right to receive a time extension.
During such extension of time, neither extra compensation for engineering, inspection and administration nor damages for delay will be charged to the Contractor. It is understood and agreed by the Contractor and City that time extensions due to excusable or compensable delays will be granted only if such delays involve controlling operations which would prevent completion of the whole Work within the specified Contract time.
Should the Contractor fail to complete the work within the time specified in the contract, as extended in accordance with this clause if appropriate, the Contractor shall pay to the City liquidated damages in accordance with Paragraph 00700-6.5, Liquidated Damages.
6.4.3 Indirect Overhead - The Contractor shall be reimbursed for indirect overhead expenses for periods of time when the Work is delayed as defined in Paragraph 00700-6.3.4, Compensable Delays. However, no reimbursement for indirect overhead shall be made for compensable delays which occur during a concurrent delay as defined in Paragraph 00700-6.3.5, Concurrent Delays. No reimbursement for indirect overhead as covered in this section shall be made for any time extensions granted for Contract change orders as provided in Section 01035, MODIFICATION PROCEDURES. As a condition precedent to any reimbursement, the Contractor must fulfill all conditions as provided in Paragraph 00700-6.4.2, Excusable or Compensable Delays. No additional markup for overhead or profit shall be provided for such indirect overhead expenses.
Payment to the Contractor for indirect overhead expenses will be made only if the extended Contract period granted for the compensable delay(s) is required to complete the work following the depletion of the original contract period and any time extensions granted other than compensable time extensions.
6.4.3.1 Indirect Home Office and Indirect Field Overhead - For those allowable delay periods as defined in Paragraph 00700-6.4.3, Indirect Overhead, the Contractor shall be reimbursed for its home office overhead based on the following formula:
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Contract Bid Price ($) x (0.03) = Daily Home Office Overhead ($/Day) Contract Period (Days)
As it is impractical to determine the actual home office overhead, such reimbursement shall be mutually agreed between the City and Contractor to encompass full payment for any home office overhead expenses for such periods of time for the Contractor and all subcontractors. The Contractor agrees to indemnify, defend and hold the City harmless for any indirect overhead claims from its subcontractors.
6.5 Liquidated Damages
THE CITY AND CONTRACTOR RECOGNIZE THAT THE CITY WILL SUFFER
SUBSTANTIAL DAMAGES AND SIGNIFICANT FINANCIAL LOSS AS A
RESULT OF THE CONTRACTOR'S DELAYS IN PERFORMANCE OF THE WORK DESCRIBED IN THE CONTRACT DOCUMENTS. THE CITY AND THE
CONTRACTOR HEREBY ACKNOWLEDGE AND AGREE THAT THE
DAMAGES AND FINANCIAL LOSS SUSTAINED AS A RESULT OF ANY SUCH
DELAYS IN PERFORMANCE WILL BE EXTREMELY DIFFICULT AND
IMPRACTICABLE TO ASCERTAIN. THEREFORE, THE CITY AND THE
CONTRACTOR HEREBY AGREE THAT IN THE EVENT OF SUCH DELAYS IN
PERFORMANCE DESCRIBED BELOW, THE CITY SHALL BE ENTITLED TO
COMPENSATION BY WAY OF LIQUIDATED DAMAGES (AND NOT AS
PENALTY) FOR THE DETRIMENT RESULTING THEREFROM. THE CITY AND
THE CONTRACTOR FURTHER AGREE THAT THE FOLLOWING AMOUNTS
ARE A REASONABLE ESTIMATE OF THE CITY'S DAMAGES AND FINANCIAL
LOSS IN THE EVENT OF ANY SUCH DELAYS IN PERFORMANCE
CONSIDERING ALL OF THE CIRCUMSTANCES EXISTING AS OF THE DATE
OF THIS AGREEMENT, INCLUDING THE RELATIONSHIP OF SUCH
AMOUNTS TO THE RANGE OF HARM TO THE CITY WHICH REASONABLY
COULD BE ANTICIPATED AS OF THE DATE OF THIS AGREEMENT AND THE
EXPECTATION THAT PROOF OF ACTUAL DAMAGES WOULD BE
EXTREMELY DIFFICULT AND IMPRACTICABLE.
AS LIQUIDATED DAMAGES FOR THE CONTRACTOR'S DELAY IN
COMPLETING THE WORK WITHIN THE CONTRACT TIME (AS THE SAME MAY BE EXTENDED IN ACCORDANCE WITH PARAGRAPH 6.5 OF THESE
GENERAL CONDITIONS), THE CONTRACTOR SHALL PAY TO THE CITY
LIQUIDATED DAMAGES IN THE AMOUNT SET FORTH IN PARAGRAPH 00800-3.0, DAMAGES FOR DELAYS, PER DAY FOR EACH DAY DURING
WHICH COMPLETION OF THE WORK IS DELAYED BEYOND THE
CONTRACT TIME. CONTRACTOR AGREES TO PAY SUCH LIQUIDATED
DAMAGES IMMEDIATELY UPON REQUEST BY CITY, AND IF THE SAME ARE
NOT TIMELY PAID, AGREES THAT CITY MAY DEDUCT THE AMOUNT
THEREOF FROM ANY MONIES DUE OR THAT MAY BECOME DUE THE
CONTRACTOR UNDER THE CONTRACT DOCUMENTS, IN ADDITION TO ANY
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OTHER RIGHTS AND REMEDIES AVAILABLE TO CITY UNDER THE
CONTRACT DOCUMENTS OR APPLICABLE LAW.
6.6 Temporary Suspension of Work
6.6.1 If the Contractor fails to correct defective work as required by Paragraph 00700-
5.3, Defective and Unauthorized Work, or fails to carry out the Work in accordance with the Contract Documents or any other applicable rules and regulations, the City, by a written order of the City’s representative or signed personally by an agent specifically so empowered by the City, in writing, may order the Contractor to stop the work, or any portion thereof, until the cause for such order has been eliminated; however, this right of the City to stop the Work shall not give rise to any duty on the part of the City to exercise this right for the benefit of the Contractor or any other person or entity. All delays in the Work occasioned by such stoppage shall not relieve the Contractor of any duty to perform the Work or serve to extend the time for its completion. Any and all necessary corrective work done in order to comply with the Contract Documents shall be performed at no cost to the City.
6.6.2 In the event that a suspension of Work is ordered, as provided in this paragraph, the Contractor, at its expense, shall perform all work necessary to provide a safe, smooth, and unobstructed passageway through construction for use by public, pedestrian, bicycle, and vehicular traffic, during the period of such use by suspension. Should the Contractor fail to perform the Work as specified, the City may perform such work and the cost thereof may be deducted from monies due the Contractor under the Contract.
6.6.3 The City shall also have authority to suspend the Work wholly or in part, for such period as the City may deem necessary, due to unsuitable weather, or to such other conditions as are considered unfavorable for the suitable prosecution of the Work. Such temporary suspension of the Work will be considered justification for time extensions to the Contract in an amount equal to the period of such suspension if such suspended work includes the current critical activity on the latest favorably reviewed progress schedule. The Contractor as directed by the City shall provide the provisions as stipulated in Paragraph 00700-6.6.2 above.
Such additional work shall be compensated as provided for in Section 00700-7.0, SCOPE OF WORK -CHANGES IN THE WORK.
6.7 Termination of Contract
If at any time the Contractor is determined to be in material breach of the Contract, notice thereof in writing will be served upon the Contractor and its sureties, and should the Contractor neglect or refuse to provide means for a satisfactory compliance with the Contract, as directed by the Construction Manager, within the time specified in such notice, the City or the City’s Representative in such case shall have the authority to terminate the operation of the Contract.
Upon such termination, the Contractor shall discontinue the Work, or such parts of it as the City may designate. Upon such termination, the Contractor’s control shall
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terminate and thereupon the City or its fully authorized representative may take possession of all or any part of the Contractor’s materials, tools, equipment, and appliances upon the premises and use the same for the purposes of completing the Work and hire such force and buy or rent such additional machinery, tools, appliances, and equipment, and buy such additional materials and supplies at the Contractor’s expense as may be necessary for the proper conduct of the Work and for the completion thereof; or the City may employ other parties to carry the Contract to completion, employ the necessary workers, substitute other machinery or materials and purchase the materials contracted for, in such manner as the City may deem proper; or the City may annul and cancel the Contract and relet the Work or any part thereof. Any excess of cost arising therefrom over and above the Contract Price will be charged against the Contractor and its sureties, who will be liable therefor.
In the event of such termination, all monies due the Contractor or retained under the terms of this Contract shall be held by the City; however, such holdings will not release the Contractor or its sureties from liability for failure to fulfill the Contract, and Contractor and its sureties shall remain liable for the full cost of completing the Work, whether or not the funds left in the construction account at the time the Contract is terminated are sufficient to cover the balance of the Work. Any excess cost over and above the Contract amount incurred by the City arising from the termination of the operations of the Contract and the completion of the Work by the City as above provided shall be paid for by any available funds held by the City.
The Contractor will be so credited with any surplus remaining after all just claims for such completion have been paid.
In addition to the City’s rights under this section, if at any time before completion of the Work under the Contract, it shall be determined by the City that reasons beyond the control of the parties hereto render it impossible or against the interests of the City to complete the Work, or if the Work shall be stopped by an injunction of a court of competent jurisdiction or by order of any competent authority, the City may, upon ten (10) days written notice to the Contractor, discontinue the Work and terminate the Contract. Upon service of such notice of termination, the Contractor shall discontinue the Work in such manner, sequence, and at such times as the Construction Manager may direct. The Contractor shall have no claim for damages for such discontinuance or termination, nor any claim for anticipated profits on the work thus dispensed with, nor any other claim except for the Work actually performed up to the time of discontinuance, including any extra work ordered by the Construction Manager to be done, nor for any claim for liquidated damages.
7.0 SCOPE OF WORK - CHANGES IN THE WORK
7.1 Change Orders
7.1.1 The prices agreed upon and any agreed-upon adjustment in the Contract Time shall be incorporated in a written change order issued by the City, which shall be written so as to indicate acceptance on the part of the Contractor as evidenced by its signature. By signing the Change Order, the Contractor Acknowledges and
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agrees that the adjustments to cost and time contained therein are in full satisfaction and accord, and are accepted as payment in full, for any and all costs and expenses associated with the work encompassed by the Change Order, including but not limited to labor, materials, overhead and profit, delay, disruption, loss of efficiency and any and all other direct and/or indirect costs or expenses and thereby waives any right to claim any further cost and time impacts at any time during and after completion of the Contract associated with such work.
Without invalidating the Contract and without notice to sureties or insurers, the City through the Construction Manager, may at any time or from time to time, order additions, deletions, or revisions in the Work; these will be authorized by Field Directive, Field Order, or Change Order. A Change Order will not be issued for a Field Directive unless the Construction Manager concurs with an appeal by the Contractor that such Field Directive is a change in the scope of the Contract. The Contractor shall comply promptly with the requirements for all Change Orders, Field Orders, or Field Directives. The work involved in Change Orders shall be executed under the applicable conditions and requirements of the Contract Documents. If any Field Order causes an increase or decrease in the Contract Price or an extension or shortening of the Contract Time, an equitable adjustment will be made by issuing a Change Order. If the Contractor accepts a Change Order that does not include a time extension, the Contractor waives any claim for additional time for the work covered by that Change Order. Additional or extra work performed by the Contractor without written authorization of a Field Order or Change Order will not entitle the Contractor to an increase in the Contract Price or an extension of the Contract Time.
7.1.2 Extra work shall be that work not shown or detailed on the Contract Drawings or Contract Documents and not specified or reasonably inferred therefrom. Such work shall be governed by all applicable provisions of the Contract Documents. In giving instructions, the Construction Manager shall have authority to make minor changes in the Work, not involving extra cost, and not inconsistent with the purposes of the Work; but otherwise, except in an emergency endangering life or property, no extra work or change shall be made unless in pursuance of a written order by the City through the Construction Manager, and no claim for an addition to the total amount of the Contract shall be valid unless so ordered.
7.1.3 In case any change increases or decreases the Work shown, the Contractor shall be paid for the Work actually done at a mutually agreed upon adjustment to the Contract Price, based upon the provisions of Section 01035 - MODIFICATION
PROCEDURES
7.1.4 If the Contractor refuses to accept a Change Order, the City may issue it unilaterally. The Contractor shall comply with the requirements of the Change Order. The City shall provide for an equitable adjustment to the Contract Price, and compensate the Contractor accordingly. If the Contractor does not agree that the adjustment is equitable, it may submit a claim in accordance with Paragraph 00700-7.3.2, Claims.
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7.2 Differing Site Conditions
Pursuant to Public Contract Code Section 7104, the Contractor shall promptly, and before the following conditions are disturbed, notify the Construction Manager in writing, of any:
a. Material that the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.
b. Subsurface or latent physical conditions at the site differing from those indicated. c. Unknown physical conditions at the site of any unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract.
The City shall promptly, investigate the conditions, and if it finds that the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor’s cost of, or the time required for, performance of any part of the Work the City shall cause to be issued a Change Order under the procedures provided in Paragraph 00700-7.1, Change Orders.
In the event that a dispute arises between the City and the Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s cost of, or time required for, performance of any part of the Work, the Contractor shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all Work to be performed under the Contract. The Contractor shall retain any and all rights provided either by Contract or by law which pertain to the resolution of disputes and protests between the contracting parties, Paragraph 00700-7.3, Resolution of Disputes.
No claim of the Contractor under this clause shall be allowed unless the Contractor has given the notice required. The Contractors failure to give notice of differing site conditions within twenty-four (24) hours of their discovery or before they are disturbed shall constitute a waiver of all claims in connection therewith, whether direct or consequential in nature, including any claims for an increase in the Contract Price and/or an extension of the Contract Time.
7.3 Resolution of Disputes
7.3.1 Contract Interpretation by the Construction Manager - Questions regarding the meaning and intent of the Contract Documents shall be referred in writing by the Contractor to the Construction Manager. Where practical, the Construction Manager shall respond to the Contractor in writing with a decision within ten (10) days of receipt of the request.
7.3.2 Claims
7.3.2.1 Notice - If the Contractor disagrees with the Construction Manager’s decision in Paragraph 00700-7.3.1, Contract Interpretation by the Construction Manager, or in any case where the Contractor deems additional compensation or a time
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extension to the Contract Time is due the Contractor for work or materials not covered in the Contract or which the Construction Manager has not recognized as extra work, the Contractor shall notify the Construction Manager, in writing, of its intention to make claim. Claims pertaining to decisions provided in Paragraph 00700-7.3.1 or such other determinations by the Construction Manager shall be filed in writing to the Construction Manager within five (5) days of receipt of such decision. All other claims notices for extra work shall be filed in writing to the Construction Manager prior to the commencement of such work. Written notice shall use the words “Notice of Potential Claim”. Such Notice of Potential Claim shall state the circumstances and the reasons for the claim, but need not state the amount.
Additionally, no claim for additional compensation or extension of time for a delay will be considered unless the provisions of Paragraphs 00700-6.3, Delays, and
6.4, Time Extensions, are complied with. No claim filed after the date of final payment will be considered.
It is agreed that unless notice is properly given, the Contractor shall not recover costs incurred by it as a result of the alleged extra work, changed work or other situation which had proper notice been given would have given rise to a right for additional compensation. The Contractor should understand that timely notice of potential claim is of great importance to the Construction Manager and City, and is not merely a formality. Such notice allows the City to consider preventive action, to monitor the Contractor’s increased costs resulting from the situation, to marshal facts, and to plan its affairs. Such notice by the Contractor, and the fact that the Construction Manager has kept account of the cost as aforesaid, shall not in any way be construed as proving the validity of the claim.
7.3.2.2 Records of Disputed Work - In proceeding with a disputed portion of the Work, the Contractor shall keep accurate records of its costs and shall make available, to the Construction Manager, a daily summary of the hours and classification of equipment and labor utilized on the disputed work, as well as a summary of any materials or any specialized services which are used. Such information shall be submitted to the Construction Manager on a monthly basis, receipt of which shall not be construed as an authorization for or acceptance of the disputed work.
7.3.2.3 Submission of Claim Costs. Within 30 days after the last cost of work for which the Contractor contends it is due additional compensation is incurred, but if costs are incurred over a span of more than 30 days, then within 15 days after the thirtieth day and every month thereafter, the Contractor shall submit to the Construction Manager as best the Contractor is able its costs incurred for the claimed matter.
Claims shall be made in itemized detail and should the Construction Manager be dissatisfied with format or detail of presentation, upon request for more or different information, the Contractor will promptly comply, to the satisfaction of the Construction Manager. If the additional costs are in any respect not knowable with certainty, they shall be estimated as best can be done. In case the claim is found to be just, it shall be allowed and paid for as provided in Section 01035, MODIFICATION PROCEDURES.
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7.3.2.4 Claim Meetings. From time to time the Construction Manager may call a special meeting to discuss outstanding claims should it deem this of possible help. The Contractor shall cooperate and attend prepared to discuss its claims, making available the personnel necessary for resolution, and all documents which may reasonably be requested by the Construction Manager.
7.3.2.5 Right To Audit - If the Contractor submits a claim to the City for additional compensation, the City shall have the right, as a condition to considering the claim, and as a basis for evaluation for the claim, and until the claim has been settled, to audit the Contractor's books to the extent they are relevant. This right shall include the right to examine books, records, documents, and other evidence of accounting procedures and practices, sufficient to discover and verify all direct and indirect costs of whatever nature claimed to have been incurred or anticipated to be incurred and for which the claim has been submitted. The right to audit shall include the right to inspect the Contractor's plans, or such parts thereof, as may be or have been engaged in the performance of the Work. The Contractor further agrees that the right to audit encompasses all Subcontractors and is binding upon Subcontractors. The rights to examine and inspect herein provided for shall be exercisable through such representatives as the City deems desirable during the Contractor's normal business hours at the office of the Contractor. The Contractor shall make available to the City for auditing, all relevant accounting records and documents, and other financial data, and upon request, shall submit true copies of requested records to the City. If the Contractor's claim to the City for additional compensation is ultimately denied, then the Contractor shall reimburse the City for all costs and expenses incurred by the City in connection with the audit.
7.3.3 Resolution of Claims - For all contracts awarded during the effective dates of Public Contract Code Section 20104, where claims cannot be resolved between the parties, claims for three hundred and seventy five thousand dollars ($375,000) or less shall be resolved pursuant to the provisions of that code section.
Unless this Contract provides otherwise, all claims, counterclaims, disputes, and other matters in question between the City and the Contractor that are not resolved between the City and the Contractor and are not governed by Public Contract Code 20104 shall be decided by a court of competent jurisdiction. Arbitration shall not be used for resolution of these disputes.
Should either party to this Agreement bring legal action against the other, the case shall be handled in the California County where the work is being performed.
8.0 PAYMENT
8.1 Scope of Payment
8.1.1 General - The Contractor shall accept the compensation, as herein provided, as full payment for furnishing all labor, materials, tools, equipment, and incidentals necessary for completing the Work according to the Contract Documents, and no additional compensation will be allowed therefor. Neither full payment nor the
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payment of any partial payment estimate nor of any retained percentage shall relieve the Contractor of any obligation to make good any defective work or material. Notwithstanding any other provision of the Contract Documents, if Contractor disputes any determination by City with regard to payment, Contractor shall not be entitled to stop work pending resolution of such payment dispute, but shall expeditiously continue to prosecute the Work unless directed otherwise by City.
8.1.2 Payment for Patents and Patent Infringement - All fees or claims for any patented invention, article, or arrangement that may be used upon, or in, any manner connected with the performance of the Work or any part thereof shall be included in the price bid for doing the Work, and the Contractor and its sureties shall defend, protect, and hold the City, the Construction Manager, and Design Consultants, together with all their officers, agents, and employees harmless against liability of any nature or kind for any and all costs, legal expenses, and damages made for such fees or claims and against any and all suits and claims brought or made by the holder of any invention or patent, or on account of any patented or unpatented invention, process, article, or appliance manufactured for or used in the performance of the Contract, including its use by the City, unless otherwise specifically stipulated in the Contract. Before final payment is made on the Contract, the Contractor shall furnish an affidavit to the City regarding patent rights for the project. The affidavit shall state that all fees and payments due as a result of the Work incorporated into the project or methods utilized during construction have been paid in full. The Contractor shall certify in the affidavit that no other fees or claims exist for work in this project.
8.1.3 Payment of Taxes - The Contractor shall pay and shall assume exclusive liability for all taxes levied or assessed on or in connection with the Contractor’s performance of this Contract, including, but not limited to, State and local sales and use taxes, Federal and State payroll taxes or assessments, and excise taxes, and no separate allowance will be made therefor, and all costs in connection therewith shall be included in the total amount of the Contract Price.
8.1.4 Payment for Labor and Materials - The Contractor shall pay and require its subcontractors to pay any and all accounts for labor including worker’s compensation premiums, state unemployment and federal social security payments and other wage and salary deductions required by law. The Contractor also shall pay and cause its subcontractors to pay any and all accounts for services, equipment, and materials used by the Contractor and its subcontractors during the performance of work under this Contract. Such accounts shall be paid as they become due and payable. If requested by the City, the Contractor shall furnish proof of payment of such accounts to the City.
8.2 Partial Payments
In consideration of the faithful performance of the Work prosecuted in accordance with the provisions of these Specifications and the Contract, the City will pay the Contractor for all such Work installed on the basis of percentage completion.
Amounts earned will be based on accepted Cost Breakdown (Section 01025, MEASUREMENT AND PAYMENT).
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Payments will be made by the City to the Contractor on estimates duly certified and approved by the Construction Manager, based on the value of equipment installed and tested, labor and materials incorporated into said permanent work by the Contractor during the preceding month, Payments will not be made for temporary construction or uninstalled equipment unless specifically provided for in the Contract Documents.
Partial payments will be made monthly based on Work accomplished by the 25th day of the month. The Contractors estimate is to be submitted no later than five days before the end of the same month. Late submittals will not be processed until the following month.
The Contractor shall submit its estimate of the Work completed during the prior month and the Work completed to date in a format corresponding to the accepted cost breakdown. Upon receipt of Contractor’s requests for payment, the City shall act in accordance with the following:
(a) The Construction Manager shall review the submitted estimates, as soon as practical after receipt for the purpose of determining that the estimates are a proper request for payment, and shall prepare a certified estimate of the total amount of Work done and acceptable materials and equipment on hand.
(b) Any request for payment determined not to be a proper payment request suitable for payment shall be returned to the Contractor as soon as practicable, but not later than seven (7) days after receipt. A request for payment returned pursuant to this paragraph shall be accompanied by a document setting forth in writing the reasons why the request for payment is not proper.
If requested, the Contractor shall provide such additional data as may be reasonably required to support the partial payment request. The Construction Manager will be available to meet to discuss the partial payment request prior to its resubmittal(s). When the Contractor’s estimate of amount earned conforms with the Construction Manager’s evaluation, the Construction Manager will calculate the amount due the Contractor, prepare the progress payment request for signature by the Contractor, and submit the recommended progress payment request with Contractors accompanying invoice for the City’s approval and processing. The City will make payment to the Contractor in accordance with City’s normal accounts payable procedures; the City shall retain amounts in accordance with Paragraph 00700-8.4, Right to Withhold Amounts.
No such estimate or payment shall be required to be made, when in the judgment of the Construction Manager, the Work is not proceeding in accordance with the provisions of the Contract, or when in the Construction Manager’s judgment the total value of the Work done since the last estimate amounts to less than One Thousand Dollars ($1,000.00).
The City shall pay the Contractor within thirty (30) days after receipt of undisputed and properly submitted requests for payment from the Contractor. In accordance
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with Public Contract Code Section 20104.50, if the City fails to pay an undisputed request for payment within the allotted thirty (30) days, the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure.
8.4 Right to Withhold Amounts
8.4.1 Retention - The City will deduct from each partial payment and retain as part security, five percent (5%) of the amount earned until the final payment.
8.4.2 Other Withholds - In addition to the amount which the City may otherwise retain under the Contract, the City may withhold a sufficient amount or amounts of any payment or payments otherwise due the Contractor, as in its judgment may be necessary to cover Two hundred percent (200%) of the cost of the following:
a. Payments which may be past due and payable for just claims against the Contractor or any subcontractor for labor or materials furnished for the performance of this Contract.
b. Defective work or materials not remedied.
c. Failure of the Contractor to make proper payments to its subcontractors or suppliers.
d. A reasonable doubt that the Contract can be completed for the balance then unpaid.
e. Damage to another contractor or third party, or to property. f. Failure of the Contractor to keep its work progressing in accordance with its progress schedule or maintaining current “As-Built” record drawings. g. The City’s costs for the Contractor’s failure to complete within the allowed time.
h. Cost of insurance arranged by the City due to cancellation or reduction of the Contractor’s insurance.
i. Failure of the Contractor to make proper submissions, as herein specified.
j. Failure to submit, revise, resubmit, or otherwise conform to the requirements herein for preparing and maintaining a construction schedule.
k. Payments due the City from the Contractor.
l. Reduction of Contract Amount because of modifications. m. The Contractor’s neglect or unsatisfactory prosecution of the work including failure to clean up.
n. Provisions of law that enable or require the City to withhold such payments in whole or in part.
o. Punchlist items.
When the above reasons for withhold amounts are removed, payment may be made to the Contractor for amounts withheld.
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The City in its discretion may apply any withheld amount or amounts to the payment of valid claims. In so doing, the City shall be deemed the agent of the Contractor, and any payment so made by the City shall be considered as a payment made under the Contract by the City to the Contractor, and the City shall not be liable to the Contractor for such payment made in good faith. Such payments may be made without prior judicial determination of the claim or claims.
The City will render to the Contractor a proper accounting of such funds disbursed in behalf of the Contractor.
8.5 Substantial Completion
When the Contractor considers that the Work is substantially complete, the Contractor shall notify the Construction Manager in writing. Upon receipt of the notification, the Construction Manager, the City and/or their authorized representatives will make inspection, to determine if the Work is sufficiently complete in accordance with the Contract Documents so the City can occupy or utilize the Work for its intended use. If items are found which prevent such use or occupancy, the Construction Manager shall notify the Contractor in writing of such items.
Upon the completion of such corrective work, the Contractor shall so notify the Construction Manager in writing. The Construction Manager shall inspect the Work to determine its acceptability for Substantial Completion and for determination of other items which do not meet the terms of the Contract. Upon verification that the project is substantially complete the Construction Manager shall prepare a Certificate of Substantial Completion. The Certificate shall establish the date of Substantial Completion and the responsibilities of the City and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, commencement of warranties required by the Contract Documents, and shall fix the time, not to exceed 10 days, within which the Contractor shall finish all items on the punch list accompanying the Certificate. When the preceding provisions have been approved by both the City and the Contractor, they shall sign the Certificate to acknowledge their written acceptance of the responsibilities assigned to them in such Certificate. By such acknowledgment, the Contractor agrees to pay the City’s actual costs including, but not limited to, charges for engineering, inspection and administration incurred due to the failure to complete the punchlist within the time period provided in the Certificate of Substantial Completion.
8.6 Final Inspection, Notice of Completion and Payment
Upon completion of the Work, and upon completion of final cleaning, the Contractor shall so notify the Construction Manager in writing. Upon receipt of the notification, the Construction Manager, the City and/or their authorized representatives will make the final inspection, to determine the actual status of the Work in accordance with the terms of the Contract. If materials, equipment, or workmanship are found which do not meet the terms of the Contract, the Construction Manager shall prepare a punch list of such items and submit it to the Contractor. Following completion of the corrective work by the Contractor, the Construction Manager shall notify the City that the Work has been completed in
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accordance with the Contract. Final determination of the acceptability of the Work shall be made by the City. After completion of the Work, but prior to its acceptance by the City, the last partial payment will be made to the Contractor in accordance with Paragraph 00700-8.2, Partial Payments, with the right to subtract therefrom any Liquidated Damages owed to City (provided that failure to subtract any portion of Liquidated Damages owed to City shall not be a waiver of City’s right to collect Liquidated Damages at any time thereafter).
After receipt of the last partial payment, but prior to acceptance of the Work by the City, the Contractor shall send a letter to the Construction Manager. The letter, pursuant to California Public Contract Code Section 7100, shall state that acceptance of the final payment described below shall operate as and shall be, a release to the City, the Construction Manager, the Design Consultant, and their duly authorized agents, from all claim of and/or liability to the Contractor arising by virtue of the Contract related to those amounts. Disputed Contract claims in stated amounts previously filed as provided in Paragraph 00700-7.3.2, Claims, may be specifically excluded by the Contractor from the operation of the release.
Following receipt of all required submittals and the Construction Manager’s written statement that construction is complete and recommendation that the City accept the project, the City will take formal action on acceptance.
Within ten (10) calendar days of the acceptance by the City of the completed Work embraced in the Contract, the City will submit to be recorded in the office of the County Recorder a Notice of Completion.
Thirty-five (35) calendar days after recording the Notice of Completion of the Work involved in the Contract, the City will pay the Contractor in lawful money such sums of money as may be due the Contractor including all sums retained but excluding such sums as have previously been paid the Contractor. This payment will constitute the final payment to the Contractor under this Contract.
8.7 Warranty of Title
No material, supplies, or equipment for the Work under this Contract shall be purchased subject to any chattel mortgage, security agreement, or under a conditional sale or other agreement by which an interest therein or any part thereof is retained by the seller or supplier. The Contractor warrants good title to all material, supplies, and equipment installed or incorporated in the Work and agrees upon completion of all Work to deliver the premises, together with all improvements and appurtenances constructed or placed thereon by the Contractor, to the City free from any claim, liens, security interest, or charges, and further agrees that neither the Contractor nor any person, firm, or corporation furnishing any materials or labor for any Work covered by this Contract shall have any right to a lien upon the premises or any improvement or appurtenances thereon.
8.8 Prompt Payment of withheld funds to subcontractors
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The City shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the agency of the contract work and pay retainage to the prime contractor based on these acceptances. The prime contractor or subcontractor shall return all monies withheld in retention from all subcontractors within 30 calendar days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the agency. Any delay or postponement of payment may take place only for good cause and with the agency’s prior written approval. Any violation of these provisions shall subject the violating prime contractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies otherwise available to the contractor or subcontractor in the event of: a dispute involving late payment or nonpayment by the contractor; deficient subcontractor performance and/or noncompliance by a subcontractor.
This clause applies to both DBE and non-DBE subcontractors.
9.0 EXISTING UTILITIES
9.1 General
Pursuant to Government Code Section 4216, et. seq., the Contractor shall notify the appropriate required notification center.
9.2 Notification and Location
At least two (2) working days before performing any excavation work, the Contractor shall request the utility company to mark or otherwise indicate the location of their service. It shall be the Contractor’s responsibility to determine the exact location and depth of all utilities, including service connections, which have been marked by the respective utility company and which the Contractor believes may affect or be affected by the Contractor’s operations. If no pay item is provided in the Contract for this work, full compensation for such work shall be considered as included in the prices bid for other items of work.
9.3 Damage and Protection
The Contractor shall immediately notify the Construction Manager and City of any damage to a utility.
The party responsible for the cost of repairing and/or relocating damaged utility shall be as follows:
Description Responsible Party
A. Utility mains delineated incorrectly on City’s plans City/Utility Company B. Utility mains delineated correctly on City’s plans
but information provided incorrectly by utility
company
Utility Company
C. Utility mains not shown on City’s plan Utility Company
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D. Utility mains incorrectly marked in the field by utility company
Utility Company
E. Utility mains correctly marked and/or delineated on
City’s plans
Contractor
F. Utility service laterals whether indicated or not
indicated on plans and whether correctly or
incorrectly shown on City’s plans.
Contractor
9.4 Utility Relocation and Rearrangement
The right is reserved to the City and the utility companies or their authorized agents to enter upon the Work area for the purpose of making such changes as are necessary for the rearrangement of their facilities or for making necessary connections or repairs to their properties. The Contractor shall cooperate with forces engaged in such work and shall conduct its operations in such a manner as to avoid any unnecessary delay or hindrance to the work being performed by such forces and shall allow the respective utilities time to relocate their facility.
The Contractor assumes responsibility for the removal, relocation, or protection of existing facilities wherein said facilities are identified by the Plans, field located by a utility company, or as provided for in the General Requirements. The Contractor shall coordinate with the Owner of utility facilities for the rearrangement of said facilities.
In the event that underground utilities are found that are not shown in the Contract Documents or are found to exist in a different location than shown in the Contract Documents, the Contractor shall: (1) notify the Construction Manager of the existence of said facilities immediately; and (2) take steps to ascertain the exact location of all underground facilities prior to doing work that may damage such facilities.
Requests for extensions of time arising out of utility rearrangement delays shall be determined by Construction Manager. In accordance with Government Code Section 4215 the Contractor shall not be assessed liquidated damages for delay in completion of the project, when such delay is caused by the failure of the City or utility company to provide for the removal or relocation of facilities for which they are the responsible party as defined in Paragraph 00700-9.3, Damage and Protection.
Where it is determined by the Construction Manager that the rearrangement of an underground main, the existence of which is not shown on the Plans, Specifications, or in the General Requirements, is essential in order to accommodate the contemplated improvement, the Construction Manager will provide for the rearrangement of such facility by other forces or by the Contractor in accordance with the provisions of Paragraph 00700-7.1, Change Orders.
When the General Requirements, Specifications, or Plans indicate that a utility is to be relocated, altered or constructed by others, the City will conduct all